I 
117TH CONGRESS 
1ST SESSION H. R. 4855 
To establish a commission to prevent exertional heat stroke deaths among 
high school and collegiate athletes, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2021 
Mr. SMITH of New Jersey (for himself, Mr. GOTTHEIMER, Mr. VAN DREW, 
and Mr. PAYNE) introduced the following bill; which was referred to the 
Committee on Education and Labor, and in addition to the Committee 
on Energy and Commerce, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To establish a commission to prevent exertional heat stroke 
deaths among high school and collegiate athletes, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Braeden’s Commission: 
Protect our Athletes from Exertional Heat Stroke’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) Deaths from exertional heat stroke are pre-
ventable. 
(2) Exertional heat stroke is one of the leading 
noncontact causes of death of young athletes. 
(3) According to the 2018 National Center for 
Catastrophic Sport Injury Research’s annual survey 
of football injuries, since 1995, there have been 64 
exertional heat stroke deaths in the sport of football 
alone, and 60 of these occurred at the high school 
and collegiate levels. 
(4) Protective measures such as proper hydra-
tion, acclimatization prior to intense physical activ-
ity, and rapid recognition, rapid assessment, rapid 
treatment, and rapid advanced care can prevent 
exertional heat stroke deaths or hospitalizations pro-
vided that the protective measures are implemented 
immediately when warranted. 
SEC. 3. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is established the Com-
mission to Prevent Heat Stroke Deaths (in this Act re-
ferred to as ‘‘Braeden’s Commission’’). 
(b) FACA.—Braeden’s Commission shall be subject 
to the Federal Advisory Committee Act (5 U.S.C. App.), 
except as inconsistent with this Act. 
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SEC. 4. MEMBERSHIP. 
(a) NUMBER AND APPOINTMENT.—Braeden’s Com-
mission shall be composed of 12 members, consisting of— 
(1) 6 members appointed by the President; 
(2) 2 members appointed by the Speaker of the 
House of Representatives; 
(3) 1 member appointed by the minority leader 
of the House of Representatives; 
(4) 2 members appointed by the majority leader 
of the Senate; and 
(5) 1 member appointed by the minority leader 
of the Senate. 
(b) QUALIFICATIONS.—Each member appointed pur-
suant to subsection (a) shall have experience in one or 
more of the following areas: 
(1) Sports medicine. 
(2) Exertional heat stroke prevention. 
(3) Student athlete health research. 
(4) Legislation, including legislation involving 
sports medicine. 
(5) Emergency medicine. 
(6) Pediatrics. 
(7) Psychology and mental health. 
(8) Forensic pathology or medical investigation 
involving injury or fatality. 
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(9) Professional experience at an institution of 
higher education (as defined in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)), 
with a focus on one or more of the other areas listed 
in this subsection. 
(c) DIVERSITY OF QUALIFICATIONS.—In making ap-
pointments to Braeden’s Commission under subsection 
(a), the President and the congressional leaders specified 
in subsection (a) shall strive to select individuals whose 
qualifications (as described under subsection (b)) are not 
already represented by other members of Braeden’s Com-
mission. 
(d) APPOINTMENTS.—The appointments of the mem-
bers of Braeden’s Commission shall be made not later 
than 90 days after the date of enactment of this Act. 
(e) PERIOD OF APPOINTMENTS; VACANCIES.—Each 
member shall be appointed for the life of Braeden’s Com-
mission. Any vacancy in Braeden’s Commission shall not 
affect its powers and shall be filled in the same manner 
as the original appointment. 
(f) CHAIRPERSON.—The President shall select a 
Chairperson for Braeden’s Commission from among its 
members. 
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SEC. 5. MEETINGS. 
(a) INITIAL MEETING.—Not later than 60 days after 
the date on which a majority of the members of Braeden’s 
Commission have been appointed, Braeden’s Commission 
shall hold its first meeting. 
(b) TIMING.—Braeden’s Commission shall meet at 
the call of the Chairperson. 
(c) QUORUM.—A majority of the members of 
Braeden’s Commission shall constitute a quorum. 
SEC. 6. STUDY. 
(a) IN GENERAL.—Braeden’s Commission shall con-
duct a study on exertional heat stroke among student ath-
letes at educational institutions across the United States. 
(b) MATTERS TO BE STUDIED.—In conducting the 
study under subsection (a), Braeden’s Commission shall 
study— 
(1) best practices for prevention, recognition, 
and treatment of exertional heat stroke, as regarded 
by leading experts in sports medicine and as detailed 
in the 2015 National Athletic Trainers’ Association 
Position Statement on Exertional Heat Illness; 
(2) educational institution standards for pre-
vention, recognition, and treatment of exertional 
heat stroke and related illnesses; 
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(3) whether athletic trainers and coaches have 
been properly trained to recognize and treat cases of 
exertional heat stroke; 
(4) cases involving student athlete deaths and 
hospitalizations due to exertional heat stroke, includ-
ing whether best practices were followed in such 
cases by the educational institution involved; 
(5) which organizations currently oversee the 
implementation of best practices on exertional heat 
stroke at educational institutions; 
(6) emergency action plans in place at edu-
cational institutions and whether such action plans 
are up-to-date or developed in consultation with local 
emergency medical staff; 
(7) the scope of all incidents of exertional heat 
stroke among student athletes, including deter-
mining which educational institutions are following 
best practices where such incidents occurred; 
(8) the effectiveness of Federal, State, and local 
policies and systems aimed at collecting accurate 
data on exertional heat stroke fatalities, including 
the identification of the most effective and least ef-
fective policies and systems; 
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(9) current barriers to preventing fatalities 
from exertional heat stroke and methods to over-
come such barriers among student athletes; 
(10) demographic trends or specific risk factors 
that are predictive of or correlated with student ath-
lete exertional heat stroke and related illnesses such 
as heat exhaustion; 
(11) methods for improving data collection re-
lated to exertional heat stroke, such as methods to 
increase interoperability between State and local 
data systems or other data systems used to collect 
information that may be related to exertional heat 
stroke; 
(12) current research and documentation, in-
cluding those currently being conducted by graduate 
and doctoral students; 
(13) recommendations from the National Ath-
letic Trainers’ Association’s position statements per-
taining to heat illnesses and emergency planning in 
athletics; and 
(14) recommendations with respect to best 
practices for preventing exertional heat stroke from 
the Inter-Association Task Force for Preventing 
Sudden Death in Collegiate Conditioning Sessions. 
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SEC. 7. RECOMMENDATIONS AND REPORT. 
(a) RECOMMENDATIONS.—Based on the study con-
ducted under section 6, Braeden’s Commission shall— 
(1) develop recommendations for the purpose of 
reducing fatalities from exertional heat stroke 
among student athletes, including— 
(A) a recommendation to implement a 
comprehensive national strategy for such pur-
pose; and 
(B) lessons, solutions, and necessary im-
provements related to such purpose; and 
(2) develop guidelines for tracking certain types 
of information to prevent fatalities from exertional 
heat stroke among student athletes. 
(b) REPORT.—Not later than 2 years after the date 
on which a majority of the members of Braeden’s Commis-
sion have been appointed, Braeden’s Commission shall 
submit to the President and Congress a report con-
taining— 
(1) the recommendations required under sub-
section (a); 
(2) a detailed statement of the findings of 
Braeden’s Commission related to the study con-
ducted under section 6; and 
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(3) recommendations for legislation and admin-
istrative actions related to exertional heat stroke 
among student athletes at educational institutions. 
(c) EXTENSION.—The President may extend the date 
on which the report required by subsection (b) must be 
submitted by not more than 1 year. 
(d) PUBLICATION.—In coordination with the Sec-
retary of Health and Human Services, Braeden’s Commis-
sion shall make the report under subsection (b) publicly 
available on the website of the Department of Health and 
Human Services. 
SEC. 8. POWERS OF BRAEDEN’S COMMISSION. 
(a) HEARINGS.— 
(1) IN GENERAL.—Braeden’s Commission may, 
for the purpose of carrying out this Act, hold hear-
ings, sit and act at times and places, take testimony, 
and receive evidence as Braeden’s Commission con-
siders appropriate. Braeden’s Commission may ad-
minister oaths or affirmations to witnesses appear-
ing before it. 
(2) LOCATION.—The location of hearings under 
paragraph (1) shall include— 
(A) areas with high fatality rates related to 
exertional heat stroke among student athletes; 
and 
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(B) areas that have shown a decrease in 
fatalities from exertional heat stroke among 
student athletes. 
(3) SUBJECT.—Braeden’s Commission shall 
hold hearings under paragraph (1)— 
(A) to examine the Federal, State, and 
local policies and available resources that affect 
fatalities from exertional heat stroke among 
student athletes; and 
(B) to conduct other work related to the 
study required under section 6. 
(b) OBTAINING OFFICIAL DATA.—Braeden’s Com-
mission may secure directly from any Federal agency or 
department information necessary to enable it to carry out 
this Act. Upon request of the Chairperson of Braeden’s 
Commission, the head of that Federal agency or depart-
ment shall furnish that information to Braeden’s Commis-
sion. 
(c) MAILS.—Braeden’s Commission may use the 
United States mails in the same manner and under the 
same conditions as other Federal agencies and depart-
ments. 
(d) GIFTS, BEQUESTS, AND DEVISES.—To the extent 
or in the amounts made available in advance in appropria-
tions Acts, Braeden’s Commission may accept, use, and 
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dispose of gifts, bequests, or devises of services or prop-
erty, both real and personal, for the purpose of aiding or 
facilitating the work of Braeden’s Commission. 
SEC. 9. COMMISSION PERSONNEL MATTERS. 
(a) DIRECTOR AND STAFF OF COMMISSION.— 
(1) EXECUTIVE
DIRECTOR.—Braeden’s Com-
mission shall have an Executive Director who shall 
be appointed by the Chairperson. 
(2) STAFF.—With the approval of Braeden’s 
Commission, the Chairperson may appoint additional 
personnel as the Chairperson considers appropriate. 
(3) 
TERMINATION.—The 
Chairperson 
of 
Braeden’s Commission may, without regard to the 
civil service laws and regulations, terminate the Ex-
ecutive Director and such other personnel as may be 
necessary to enable Braeden’s Commission to per-
form its duties. 
(4) COMPENSATION.— 
(A) RATE OF PAY FOR THE EXECUTIVE DI-
RECTOR.—The Chairperson of Braeden’s Com-
mission may fix the pay of the Executive Direc-
tor of Braeden’s Commission without regard to 
chapter 51 and subchapter III of chapter 53 of 
title 5, United States Code, relating to classi-
fication of positions and General Schedule pay 
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rates, except that the rate of pay for the Execu-
tive Director may not exceed the rate payable 
for level V of the Executive Schedule under sec-
tion 5316 of such title. 
(B) RATE
OF
PAY
FOR
STAFF.—The 
Chairperson of Braeden’s Commission may fix 
the pay of additional personnel at rates not to 
exceed the daily equivalent of the maximum an-
nual rate of basic pay for GS–15 of the General 
Schedule. 
(b) TRAVEL EXPENSES.—The members of Braeden’s 
Commission shall receive travel expenses, including per 
diem in lieu of subsistence, in accordance with applicable 
provisions under subchapter I of chapter 57 of title 5, 
United States Code. 
(c) STAFF OF FEDERAL AGENCIES.—Upon request 
of Braeden’s Commission, the head of any Federal agency 
or department may detail, without reimbursement, any of 
the personnel of that agency or department to Braeden’s 
Commission to assist in carrying out this Act. Such detail 
shall be without interruption or loss of civil service status 
or privilege. 
(d) EXPERTS
AND CONSULTANTS.—With the ap-
proval of Braeden’s Commission, the Chairperson may 
procure temporary and intermittent services under section 
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