Short title

This Act may be cited as the

Jordan McNair Student Athlete Heat Fatality Prevention Act

Findings

Congress finds the following: (1)Heat-related illnesses are a serious medical condition that result from the body’s inability to cool itself down in extremely hot environments. Heat-related illnesses include heat stroke, heat exhaustion, heat cramps, heat syncope, heat rash, and muscle breakdown. When experiencing heat illness, patients may exhibit an array of symptoms including but not limited to confusion, slurred speech, unconsciousness, vomiting, seizures, fatigue, elevated body temperature, fainting, dizziness, or muscle pain. (2)The Centers for Disease Control and Prevention reported over 700 heat-related deaths in the United States from 2004 to 2018. Heat is the leading climate-related cause of deaths, and rising temperatures pose a serious risk to student athletes participating in outdoor sports. (3)Jordan McNair, a highly accomplished high school football player from Maryland, received scholarship offers from many competitive university football programs. He chose to continue his athletic and academic career at the University of Maryland. (4)On May 29, 2018, Jordan McNair collapsed during a workout on the University of Maryland’s football field in the 81 degrees Fahrenheit heat. McNair was suffering from exertional heatstroke and was unable to remain in an upright position without assistance from his teammates, medical staff, or coaching staff. (5)Despite being a student athlete at a well-funded division I university, Jordan McNair received inadequate heat-related illness treatment once he was escorted off the field and into the athletic training room. Because medical staff were unable to reverse McNair’s core body temperature, the illness escalated to a seizure and respiratory distress. (6)Most medical professionals advise patients to receive treatment within 30 minutes of initial heat illness symptoms. Over 90 minutes passed from the time McNair displayed initial symptoms of exertional heatstroke to the time he finally received adequate care from the nearest hospital. (7)By the time Jordan McNair arrived at the hospital, his core body temperature had reached a life-threatening temperature of 106 degrees Fahrenheit. (8)On June 13, 2018, two weeks after collapsing on the football field at practice, Jordan McNair died from symptoms of exertional heatstroke. (9)Two extensive external investigations of the University of Maryland’s football program concluded that the program’s medical staff failed to promptly intervene, diagnose, and treat Jordan McNair’s exertional heatstroke symptoms. (10)According to an independent medical report, University staff failed to assess Jordan McNair’s vitals, recognize and monitor heat-related illness symptoms, provide adequate cooling devices and respiratory aids, and generate an emergency plan to coordinate with emergency responders. (11)The University of Maryland has taken significant steps to prevent and treat heat-related injuries among their student athletes, making cold water immersion tubs available at every practice and game, installing and maintaining readily accessible automatic defibrillators at every venue, increasing the training and reporting structure of athletic trainers, among other reforms in line with the priorities of this Act. (12)The McNair family is devoted to honoring Jordan’s legacy and founded the Jordan McNair Foundation, which provides an educational tool to help coaches, student athletes, and parents identify symptoms of heatstroke and heat-related illnesses. (13)Heat-related illnesses and fatalities are preventable if caught early. Medical staff, coaches, and athletes must be knowledgeable of the warning signs for heat-related illness in order to protect student athletes from injury, and even death.

Venue-specific heat-related illnesses emergency action plan requirement for institutions of higher education

Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by inserting at the end the following new subsection:

(n)

Venue-Specific heat-Related illnesses emergency action plan

(1)

In general

Each institution of higher education that is participating in any program under this title and that is a member of an athletic association or athletic conference shall— (A) not later than 1 year after the date of enactment of this subsection and in consultation with local emergency responders, develop and implement a venue-specific heat-related illnesses emergency action plan, which shall include a plan for the operation and use of automatic external defibrillators and cold water immersion equipment; and (B) not later than 1 year after the date that such emergency action plan is first implemented, and on an annual basis thereafter, submit to the Secretary and authorizing committees a report that demonstrates compliance with the requirements of this subsection with respect to the preceding year. (2)

Requirements

An emergency action plan developed and implemented under paragraph (1), with respect to an institution of higher education, shall— (A) include a symptom identification structure and a coordination of care plan for student athletes exhibiting signs of heat-related illness, and be visibly posted in each— (i) locker room; (ii) athletic training facility; (iii) weight room; and (iv) outdoor sports complex and stadium; (B) be made available on the athletic program website or public website of the institution of higher education at the beginning of each academic year; (C) be distributed to local emergency responders; and (D) before the start of practical training for each academic year, be distributed to, and practiced in-person by all of the following individuals at the institution of higher education: (i) Student athletes. (ii) Certified athletic trainers. (iii) Team physicians. (iv) Athletic training students. (v) Athletic administrators. (vi) Coaches. (vii) Institutional safety personnel. (viii) Legal counsel. (3)

Recommendations

In developing an emergency action plan under paragraph (1), an institution of higher education shall consider— (A) including guidelines by the Wet-Bulb Globe Temperature index to assess environmental condition and heat stress prevention for student athletes; (B) having a readily accessible and properly maintained automatic external defibrillator within 3 minutes of each sporting venue; and (C) including the locations of each automatic external defibrillator in such plan. (4)

Authorized adjustments

In the case of a facility described in paragraph (2)(A) that is undergoing a major physical alteration that would affect the implementation of a requirement of paragraph (2), such requirement may be adjusted with respect to such facility.

Venue-specific heat-related illnesses emergency action plan requirement for secondary schools

Subpart 2 of part F of title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the following:

8549D.

Venue-specific heat-related illnesses emergency action plan requirement for secondary schools

(a)

In general

As a condition of receipt of funds under this Act, each secondary school that has a student athletics program shall— (1)not later than 1 year after the date of enactment of this subsection and in consultation with local emergency responders, develop and implement a venue-specific heat-related illnesses emergency action plan, which shall include a plan for the operation and use of automatic external defibrillators and cold water immersion equipment; and (2)not later than 1 year after the date that such emergency action plan is first implemented, and on an annual basis thereafter, submit to the Secretary and authorizing committees a report that demonstrates compliance with the requirements of this subsection with respect to the preceding year. (b)

Requirements

An emergency action plan developed and implemented under subsection (a), with respect to a secondary school, shall— (1)include a symptom identification structure and a coordination of care plan for student athletes exhibiting signs of heat-related illness, and be visibly posted in each— (A)locker room; (B)athletic training facility; (C)weight room; and (D)outdoor sports complex and stadium; (2)be made available on the athletic program website or public website of the secondary school at the beginning of each academic year; (3)be distributed to local emergency responders; and (4)before the start of practical training for each academic year, be distributed to, and practiced in-person by all of the following individuals at the secondary school: (A)Student athletes. (B)Certified athletic trainers. (C)Team physicians. (D)Athletic training students. (E)Athletic administrators. (F)Coaches. (G)Institutional safety personnel. (H)Legal counsel. (I)Any other individuals determined to be relevant by the secondary school. (c)

Recommendations

In developing an emergency action plan under subsection (a), a secondary school shall consider— (1)including guidelines by the Wet-Bulb Globe Temperature index to assess environmental condition and heat stress prevention for student athletes; (2)having a readily accessible and properly maintained automatic external defibrillator within 3 minutes of each sporting venue; and (3)including the locations of each automatic external defibrillator in such plan. (d)

Authorized adjustments

In the case of a facility described in subsection (b)(1) that is undergoing a major physical alteration that would affect the implementation of a requirement of subsection (b), such requirement may be adjusted with respect to such facility.

Promotion of Federal grants related to heat-related illnesses prevention

(a)

In general

The Secretary of Education shall inform secondary schools, local educational agencies, State educational agencies, and institutions of higher education about Federal funds available— (1)to assist with preventing students and faculty from suffering from heat-related illnesses; (2) to develop heat-related illness prevention training; and (3)to acquire equipment for treating heat-related illnesses for students and faculty. (b)

ESEA terms

In this section, the terms institution of higher education, local educational agency, secondary school, and State educational agency have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).