[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 436 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 436

        To promote youth athletic safety and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 10, 2015

 Mr. Menendez introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
        To promote youth athletic safety and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Supporting Athletes, Families and 
Educators to Protect the Lives of Athletic Youth Act'' or the ``SAFE 
PLAY Act''.

SEC. 2. EDUCATION, AWARENESS, AND TRAINING ABOUT CHILDREN'S CARDIAC 
              CONDITIONS TO INCREASE EARLY DIAGNOSIS AND PREVENT DEATH.

    Part P of title III of the Public Health Service Act (42 U.S.C. 
280g et seq.) is amended by adding at the end the following:

``SEC. 399V-6. MATERIALS AND EDUCATIONAL RESOURCES TO INCREASE 
              AWARENESS OF CARDIOMYOPATHY AND OTHER HIGHER RISK 
              CHILDHOOD CARDIAC CONDITIONS AMONG SCHOOL ADMINISTRATORS, 
              EDUCATORS, COACHES, STUDENTS AND FAMILIES.

    ``(a) Materials and Resources.--Not later than 18 months after the 
date of enactment of the SAFE PLAY Act, the Secretary, acting through 
the Director of the Centers for Disease Control and Prevention 
(referred to in this section as the `Director') and in consultation 
with national patient advocacy and health professional organizations 
experts in cardiac health, including all forms of cardiomyopathy, shall 
develop public education and awareness materials and resources to be 
disseminated to school administrators, educators, school health 
professionals, coaches, families, and other appropriate individuals. 
The materials and resources shall include--
            ``(1) information to increase education and awareness of 
        high risk cardiac conditions and genetic heart rhythm 
        abnormalities that may cause sudden cardiac arrest in children, 
        adolescents, and young adults, including--
                    ``(A) cardiomyopathy;
                    ``(B) conditions such as long QT syndrome, Brugada 
                syndrome, catecholaminergic polymorphic ventricular 
                tachycardia, short QT syndrome, Wolff-Parkinson-White 
                syndrome; and
                    ``(C) other cardiac conditions, as determined by 
                the Secretary;
            ``(2) sudden cardiac arrest and cardiomyopathy risk 
        assessment worksheets to increase awareness of warning signs 
        and symptoms of life-threatening cardiac conditions in order to 
        prevent acute cardiac episodes and increase the likelihood of 
        early detection and treatment;
            ``(3) information and training materials for emergency 
        interventions such as cardiopulmonary resuscitation (referred 
        to in this section and in section 399V-7 as `CPR') and ways to 
        obtain certification in CPR delivery;
            ``(4) guidelines and training materials for the proper 
        placement and use of life-saving emergency equipment such as 
        automatic external defibrillators (referred to in this section 
        and section 399V-7 as `AED') and ways to obtain certification 
        on AED usage; and
            ``(5) recommendations for how schools, childcare centers, 
        and local youth athletic organizations can develop and 
        implement cardiac emergency response plans, including 
        recommendations about how a local educational agency (as 
        defined in section 9101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801)) can apply such response 
        plans to all students enrolled in the public schools served by 
        such local educational agency.
    ``(b) Development of Materials and Resources.--The Secretary, 
acting through the Director, shall develop and update, as necessary and 
appropriate, the materials and resources described in subsection (a) 
and, in support of such effort, the Secretary is encouraged to 
establish an advisory panel that includes the following members:
            ``(1) Representatives from national patient advocacy 
        organizations, including--
                    ``(A) not less than 1 organization dedicated to 
                pediatrics;
                    ``(B) not less than 1 organization dedicated to 
                school-based wellness;
                    ``(C) not less than 1 organization dedicated to 
                cardiac research, health, and awareness; and
                    ``(D) not less than 1 organization dedicated to 
                advocacy and support for individuals with cognitive 
                impairments or developmental disabilities.
            ``(2) Representatives of medical professional societies, 
        including pediatrics, cardiology, emergency medicine, and 
        sports medicine.
            ``(3) A representative of the Centers for Disease Control 
        and Prevention.
            ``(4) Representatives of other relevant Federal agencies.
            ``(5) Representatives of schools, such as administrators, 
        educators, sports coaches, and nurses.
    ``(c) Dissemination of Materials and Resources.--Not later than 30 
months after the date of enactment of the SAFE PLAY Act, the Secretary, 
acting through the Director, shall disseminate the materials and 
resources described in subsection (a) in accordance with the following:
            ``(1) Distribution by state educational agencies.--The 
        Secretary shall make available such written materials and 
        resources to State educational agencies (as defined in section 
        9101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801)) to distribute--
                    ``(A) to school administrators, educators, school 
                health professionals, coaches, and parents, guardians, 
                or other caregivers, the cardiomyopathy education and 
                awareness materials and resources described in 
                subsection (a);
                    ``(B) to parents, guardians, or other caregivers, 
                the cardiomyopathy and sudden cardiac arrest risk 
                assessment worksheets described in subsection (a)(2);
                    ``(C) to school administrators, school health 
                professionals, and coaches--
                            ``(i) the information and training 
                        materials described in subsection (a)(3); and
                            ``(ii) the guidelines and training 
                        materials described in subsection (a)(4); and
                    ``(D) to school administrators, educators, coaches, 
                and youth sports organizations, the recommendations 
                described in subsection (a)(5).
            ``(2) Dissemination to health departments and 
        professionals.--The Secretary shall make available such 
        materials and resources to State and local health departments, 
        pediatricians, hospitals, and other health professionals, such 
        as nurses and first responders.
            ``(3) Dissemination of information through the internet.--
                    ``(A) CDC.--
                            ``(i) In general.--The Secretary, acting 
                        through the Director, shall post the materials 
                        and resources developed under subsection (a) on 
                        the public Internet website of the Centers for 
                        Disease Control and Prevention.
                            ``(ii) Maintenance of information.--The 
                        Director shall maintain on such Internet 
                        website such additional and updated information 
                        regarding the resources and materials under 
                        subsection (a) as necessary to ensure such 
                        information reflects the latest standards.
                    ``(B) State educational agencies.--State 
                educational agencies are encouraged to create Internet 
                webpages dedicated to disseminating the information and 
                resources developed under subsection (a) to the general 
                public, with an emphasis on targeting dissemination to 
                families of students and students.
            ``(4) Accessibility of information.--The information 
        regarding the resources and materials under subsection (a) 
        shall be made available in a format and in a manner that is 
        readily accessible to individuals with cognitive and sensory 
        impairments.
    ``(d) Report to Congress.--Not later than 3 years after the date of 
the enactment of this section, and annually thereafter, the Secretary 
shall submit to Congress a report identifying the steps taken to 
increase public education and awareness of higher risk cardiac 
conditions that may lead to sudden cardiac arrest.
    ``(e) Definitions.--In this section:
            ``(1) School administrators.--The term `school 
        administrator' means a principal, director, manager, or other 
        supervisor or leader within an elementary school or secondary 
        school (as such terms are defined under section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801)), State-based early education program, or childcare 
        center.
            ``(2) Schools.--The term `school' means an early education 
        program, childcare center, or elementary school or secondary 
        school (as such terms are so defined) that is not an Internet- 
        or computer-based community school.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal years 2016 through 2021.

``SEC. 399V-7. GRANTS TO PROVIDE FOR CARDIAC TRAINING AND EQUIPMENT IN 
              PUBLIC ELEMENTARY, MIDDLE, AND SECONDARY SCHOOLS.

    ``(a) Authority To Make Grants.--The Secretary, in consultation 
with the Secretary of Education, shall award grants to eligible local 
educational agencies--
            ``(1) to enable such local educational agencies to purchase 
        AEDs and implement nationally recognized CPR and AED training 
        courses; or
            ``(2) to enable such local educational agencies to award 
        funding to eligible schools that are served by the local 
        educational agency to purchase AEDs and implement nationally 
        recognized CPR and AED training courses.
    ``(b) Use of Funds.--An eligible local educational agency receiving 
a grant under this section, or an eligible school receiving grant funds 
under this section through an eligible local educational agency, shall 
use the grant funds--
            ``(1) to pay a nationally recognized training organization, 
        such as the American Heart Association, the American Red Cross, 
        or the National Safety Council, for instructional, material, 
        and equipment expenses associated with the training necessary 
        to receive CPR and AED certification in accordance with the 
        materials and resources developed under section 399V-6(a)(3); 
        or
            ``(2) if the local educational agency or an eligible school 
        served by such agency meets the conditions described under 
        subsection (c)(2), to purchase AED devices for eligible schools 
        and pay the costs associated with obtaining the certifications 
        necessary to meet the guidelines established in section 399V-
        6(a)(4).
    ``(c) Grant Eligibility.--
            ``(1) Application.--To be eligible to receive a grant under 
        this section, a local educational agency shall submit an 
        application to the Secretary at such time, in such manner, and 
        containing such information and certifications as such 
        Secretary may reasonably require.
            ``(2) AED training and allocation.--To be eligible to use 
        grant funds to purchase AED devices as described in subsection 
        (b)(2), an eligible local educational agency shall demonstrate 
        to the Secretary that such local educational agency or an 
        eligible school served by such agency has or intends to 
        implement an AED training program in conjunction with a CPR 
        training program and has or intends to implement an emergency 
        cardiac response plan as of the date of the submission of the 
        grant application.
    ``(d) Priority of Award.--The Secretary shall award grants under 
this section to eligible local educational agencies based on 1 or more 
of the following priorities:
            ``(1) A demonstrated need for initiating a CPR or AED 
        training program in an eligible school or a community served by 
        an eligible school, which may include--
                    ``(A) schools that do not already have an automated 
                AED on school grounds;
                    ``(B) schools in which there are a significant 
                number of students on school grounds during a typical 
                day, as determined by the Secretary;
                    ``(C) schools for which the average time required 
                for emergency medical services (as defined in section 
                330J(f)) to reach the school is greater than the 
                average time required for emergency medical services to 
                reach other public facilities in the community; and
                    ``(D) schools that have not received funds under 
                the Rural Access to Emergency Devices Act (42 U.S.C. 
                254c note).
            ``(2) A demonstrated need for continued support of an 
        existing CPR or AED training program in an eligible school or a 
        community served by an eligible school.
            ``(3) A demonstrated need for expanding an existing CPR or 
        AED training program by adding training in the use of an AED.
            ``(4) Previously identified opportunities to encourage and 
        foster partnerships with and among community organizations, 
        including emergency medical service providers, fire and police 
        departments, nonprofit organizations, public health 
        organizations, parent-teacher associations, and local and 
        regional youth sports organizations to aid in providing 
        training in both CPR and AED usage and in obtaining AED 
        equipment.
            ``(5) Recognized opportunities to maximize the use of funds 
        provided under this section.
    ``(e) Matching Funds Required.--
            ``(1) In general.--To be eligible to receive a grant under 
        this section, an eligible local educational agency shall 
        provide matching funds from non-Federal sources in an amount 
        equal to not less than 25 percent of the total grant amount.
            ``(2) Waiver.--The Secretary may waive the requirement of 
        paragraph (1) for an eligible local educational agency if the 
        number of children counted under section 1124(c)(1)(A) of the 
        Elementary and Secondary Education Act of 1965 for the local 
        educational agency is 20 percent or more of the total number of 
        children aged 5 to 17, inclusive, served by the eligible local 
        educational agency.
    ``(f) Definitions.--In this section:
            ``(1) Eligible local educational agency.--The term 
        `eligible local educational agency' means a local educational 
        agency, as defined in section 9101 of the Elementary and 
        Secondary Education Act of 1965, that has established a plan to 
        follow the guidelines and carry out the recommendations 
        described under section 399V-6(a) regarding cardiac 
        emergencies.
            ``(2) Eligible school.--The term `eligible school' means a 
        public elementary, middle, or secondary school, including any 
        public charter school that is considered a local educational 
        agency under State law, and which is not an Internet- or 
        computer-based community school.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of the fiscal years 2016 through 2021.

``SEC. 399V-8. REQUIREMENT TO INCLUDE CARDIAC CONDITIONS IN EXISTING 
              RESEARCH AND INVESTIGATIONS.

    ``The Director of the Centers for Disease Control and Prevention 
shall develop data collection methods, to be included in the School 
Health Policies and Practices Survey authorized under section 301, that 
are being carried out as of the date of enactment of the SAFE PLAY Act, 
to determine the degree to which school administrators, educators, 
school health professionals, coaches, families, and other appropriate 
individuals have an understanding of cardiac issues. Such data 
collection methods shall be designed to collect information about--
    ``(a) the ability to accurately identify early symptoms of a 
cardiac condition, such as cardiomyopathy, cardiac arrest, and sudden 
cardiac death;
    ``(b) the dissemination of training described in section 399V-
6(a)(3) regarding the proper performance of cardiopulmonary 
resuscitation; and
    ``(c) the dissemination of guidelines and training described in 
section 399V-6(a)(4) regarding the placement and use of automatic 
external defibrillators.''.

SEC. 3. PREVENTION AND TREATMENT OF YOUTH ATHLETE CONCUSSIONS.

    Part E of title IX of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7881 et seq.) is amended--
            (1) by striking the heading relating to subpart 2 and 
        inserting the following: ``Subpart 3--Other Provisions''; and
            (2) by inserting after subpart 1, the following new 
        subpart:

  ``Subpart 2--State Requirements for the Prevention and Treatment of 
                              Concussions

``SEC. 9511. MINIMUM STATE REQUIREMENTS.

    ``(a) In General.--Beginning for fiscal year 2016, as a condition 
of receiving funds under this Act for a fiscal year, a State shall, not 
later than July 1 of the preceding fiscal year, certify to the 
Secretary in accordance with subsection (b) that the State has in 
effect and is enforcing a law or regulation that, at a minimum, 
establishes the following requirements:
            ``(1) Local educational agency concussion safety and 
        management plan.--Each local educational agency in the State 
        (including each public charter school that is considered a 
        local educational agency under State law), in consultation with 
        members of the community in which the local educational agency 
        is located, and taking into consideration the guidelines of the 
        Centers for Disease Control and Prevention's Pediatric Mild 
        Traumatic Brain Injury Guideline Workgroup, shall develop and 
        implement a standard plan for concussion safety and management 
        for public schools served by the local educational agency that 
        includes--
                    ``(A) the education of students, school 
                administrators, educators, coaches, youth sports 
                organizations, parents, and school personnel about 
                concussions, including--
                            ``(i) training of school personnel on 
                        evidence-based concussion safety and 
                        management, including prevention, recognition, 
                        risk, academic consequences, and response for 
                        both initial and any subsequent concussions; 
                        and
                            ``(ii) using, maintaining, and 
                        disseminating to students and parents release 
                        forms, treatment plans, observation, 
                        monitoring, and reporting forms, recordkeeping 
                        forms, and post-injury and prevention fact 
                        sheets about concussions;
                    ``(B) supports for each student recovering from a 
                concussion, including--
                            ``(i) guiding the student in resuming 
                        participation in school-sponsored athletic 
                        activities and academic activities with the 
                        help of a multidisciplinary concussion 
                        management team, which shall include--
                                    ``(I) a health care professional, 
                                the parents of such student, and other 
                                relevant school personnel; and
                                    ``(II) an individual who is 
                                assigned by the public school in which 
                                the student is enrolled to oversee and 
                                manage the recovery of the student;
                            ``(ii) providing appropriate academic 
                        accommodations aimed at progressively 
                        reintroducing cognitive demands on such 
                        student; and
                            ``(iii) if the student's symptoms of 
                        concussion persist for a substantial period of 
                        time--
                                    ``(I) evaluating the student in 
                                accordance with section 614 of the 
                                Individuals with Disabilities Education 
                                Act (20 U.S.C. 1414) to determine 
                                whether the student is eligible for 
                                services under part B of such Act (20 
                                U.S.C. 1411 et seq.); or
                                    ``(II) evaluating whether the 
                                student is eligible for services under 
                                section 504 of the Rehabilitation Act 
                                of 1973 (29 U.S.C. 794); and
                    ``(C) best practices, as defined by national 
                neurological medical specialty and sports health 
                organizations, designed to ensure, with respect to 
                concussions, the uniformity of safety standards, 
                treatment, and management, including--
                            ``(i) disseminating information on 
                        concussion safety and management to the public; 
                        and
                            ``(ii) applying best practice and uniform 
                        standards for concussion safety and management 
                        to all students enrolled in the public schools 
                        served by the local educational agency.
            ``(2) Posting of information on concussions.--Each public 
        school in the State shall post on school grounds, in a manner 
        that is visible to students and school personnel, and make 
        publicly available on the school website, information on 
        concussions that--
                    ``(A) is based on peer-reviewed scientific evidence 
                or consensus (such as information made available by the 
                Centers for Disease Control and Prevention);
                    ``(B) shall include--
                            ``(i) the risks posed by sustaining a 
                        concussion or multiple concussions;
                            ``(ii) the actions a student should take in 
                        response to sustaining a concussion, including 
                        the notification of school personnel; and
                            ``(iii) the signs and symptoms of a 
                        concussion; and
                    ``(C) may include--
                            ``(i) the definition of a concussion under 
                        section 9512(1);
                            ``(ii) the means available to the student 
                        to reduce the incidence or recurrence of a 
                        concussion; and
                            ``(iii) the effects of a concussion on 
                        academic learning and performance.
            ``(3) Response to a concussion.--If any school personnel of 
        a public school in the State suspect that a student has 
        sustained a concussion during a school-sponsored athletic 
        activity or other school-sponsored activity--
                    ``(A) the student shall be--
                            ``(i) immediately removed from 
                        participation in such activity; and
                            ``(ii) prohibited from resuming 
                        participation in school-sponsored athletic 
                        activities--
                                    ``(I) on the day the student 
                                sustained the concussion; and
                                    ``(II) until the day the student is 
                                capable of resuming such participation, 
                                according to the student's written 
                                release, as described in paragraphs (4) 
                                and (5);
                    ``(B) the school personnel shall report to the 
                concussion management team described under paragraph 
                (1)(B)(i)--
                            ``(i) that the student may have sustained a 
                        concussion; and
                            ``(ii) all available information with 
                        respect to the student's injury; and
                    ``(C) the concussion management team shall confirm 
                and report to the parents of the student--
                            ``(i) the type of injury, and the date and 
                        time of the injury, suffered by the student; 
                        and
                            ``(ii) any actions that have been taken to 
                        treat the student.
            ``(4) Return to athletics.--If a student enrolled in a 
        public school in the State sustains a concussion, before the 
        student resumes participation in school-sponsored athletic 
        activities, the relevant school personnel shall receive a 
        written release from a health care professional, that--
                    ``(A) may require the student to follow a plan 
                designed to aid the student in recovering and resuming 
                participation in such activities in a manner that--
                            ``(i) is coordinated, as appropriate, with 
                        periods of cognitive and physical rest while 
                        symptoms of a concussion persist; and
                            ``(ii) reintroduces cognitive and physical 
                        demands on the student on a progressive basis 
                        so long as such increases in exertion do not 
                        cause the re-emergence or worsening of symptoms 
                        of a concussion; and
                    ``(B) states that the student is capable of 
                resuming participation in such activities once the 
                student is asymptomatic.
            ``(5) Return to academics.--If a student enrolled in a 
        public school in the State has sustained a concussion, the 
        concussion management team (as described under paragraph 
        (1)(B)(i)) of the school shall consult with and make 
        recommendations to relevant school personnel and the student to 
        ensure that the student is receiving the appropriate academic 
        supports, including--
                    ``(A) providing for periods of cognitive rest over 
                the course of the school day;
                    ``(B) providing modified academic assignments;
                    ``(C) allowing for gradual reintroduction to 
                cognitive demands; and
                    ``(D) other appropriate academic accommodations or 
                adjustments.
    ``(b) Certification Requirement.--The certification required under 
subsection (a) shall be in writing and include a description of the law 
or regulation that meets the requirements of subsection (a).

``SEC. 9512. DEFINITIONS.

    ``In this subpart:
            ``(1) Concussion.--The term `concussion' means a type of 
        mild traumatic brain injury that--
                    ``(A) is caused by a blow, jolt, or motion to the 
                head or body that causes the brain to move rapidly in 
                the skull;
                    ``(B) disrupts normal brain functioning and alters 
                the physiological state of the individual, causing the 
                individual to experience--
                            ``(i) any period of observed or self-
                        reported--
                                    ``(I) transient confusion, 
                                disorientation, or altered 
                                consciousness;
                                    ``(II) dysfunction of memory around 
                                the time of injury; or
                                    ``(III) disruptions in gait or 
                                balance; and
                            ``(ii) symptoms that may include--
                                    ``(I) physical symptoms, such as 
                                headache, fatigue, or dizziness;
                                    ``(II) cognitive symptoms, such as 
                                memory disturbance or slowed thinking;
                                    ``(III) emotional symptoms, such as 
                                irritability or sadness; or
                                    ``(IV) difficulty sleeping; and
                    ``(C) occurs--
                            ``(i) with or without the loss of 
                        consciousness; and
                            ``(ii) during participation--
                                    ``(I) in a school-sponsored 
                                athletic activity; or
                                    ``(II) in any other activity 
                                without regard to whether the activity 
                                takes place on school property or 
                                during the school day.
            ``(2) Health care professional.--The term `health care 
        professional' means a physician (including a medical doctor or 
        doctor of osteopathic medicine), registered nurse, athletic 
        trainer, physical therapist, neuropsychologist, or other 
        qualified individual--
                    ``(A) who is registered, licensed, certified, or 
                otherwise statutorily recognized by the State to 
                provide medical treatment; and
                    ``(B) whose scope of practice and experience 
                includes the diagnosis and management of traumatic 
                brain injury among a pediatric population.
            ``(3) Parent.--The term `parent' means biological or 
        adoptive parents or legal guardians, as determined by 
        applicable State law.
            ``(4) Public school.--The term `public school' means an 
        elementary school or secondary school (as such terms are so 
        defined), including any public charter school that is 
        considered a local educational agency under State law, and 
        which is not an Internet- or computer-based community school.
            ``(5) School personnel.--The term `school personnel' has 
        the meaning given such term in section 4151, except that such 
        term includes coaches and athletic trainers.
            ``(6) School-sponsored athletic activity.--The term 
        `school-sponsored athletic activity' means--
                    ``(A) any physical education class or program of a 
                public school;
                    ``(B) any athletic activity authorized by a public 
                school that takes place during the school day on the 
                school's property;
                    ``(C) any activity of an extracurricular sports 
                team, club, or league organized by a public school; and
                    ``(D) any recess activity of a public school.''.

SEC. 4. HEAT ADVISORY AND HEAT ACCLIMATIZATION GUIDELINES FOR SECONDARY 
              SCHOOL ATHLETICS.

    Part E of Title IX of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7881 et seq.) is amended by adding at the end the 
following:

``SEC. 9537. HEAT ADVISORY AND HEAT ACCLIMATIZATION PROCEDURES.

    ``(a) Materials and Resources.--The Secretary, in consultation with 
the Secretary of Health and Human Services and the Secretary of 
Commerce, acting through the Administrator of the National Oceanic and 
Atmospheric Administration, shall develop public education and 
awareness materials and resources to be disseminated to school 
administrators, school health professionals, coaches, families, and 
other appropriate individuals. The materials and resources shall 
include--
            ``(1) information regarding the health risks associated 
        with exposure to excessive heat and excessive humidity, as 
        defined by the National Weather Service;
            ``(2) tips and recommendations on how to avoid heat-related 
        illness, including proper hydration and access to the indoors 
        or cooling stations; and
            ``(3) strategies for `heat-acclimatization' that address 
        the types and duration of athletic activities considered to be 
        generally safe during periods of excessive heat.
    ``(b) Implantation of Excessive Heat Action Plan.--Public schools 
shall develop an `excessive heat action plan' to be used during all 
school-sponsored athletic activities that occur during periods of 
excessive heat and humidity. Such plan shall--
            ``(1) be in effect prior to full scale athletic 
        participation by students, including any practices or 
        scrimmages prior to the beginning of the school's academic 
        year; and
            ``(2) apply to days when an Excessive Heat Watch or 
        Excessive Heat Warning or Advisory has been issued by the 
        National Weather Service for the area in which the athletic 
        event is to take place.''.

SEC. 5. GUIDELINES FOR EMERGENCY ACTION PLANS FOR ATHLETICS.

    The Secretary of Health and Human Services, acting through the 
Director of the Centers for Disease Control and Prevention, and in 
consultation with the Secretary of Education, shall work with 
stakeholder organizations to develop recommended guidelines for the 
development of emergency action plans for youth athletics. Such plans 
shall include the following:
            (1) Identifying the characteristics of an athletic, 
        medical, or health emergency.
            (2) Procedures for accessing emergency communication 
        equipment and contacting emergency personnel, including 
        providing directions to the specific location of the athletic 
        venue that is used by the youth athletic group or organization.
            (3) Instructions for accessing and utilizing appropriate 
        first-aid, CPR techniques, and emergency equipment, such as an 
        automatic external defibrillator.

SEC. 6. GUIDELINES FOR SAFE ENERGY DRINK USE BY YOUTH ATHLETES.

    (a) Development of Guidelines.--Not later than 2 years after the 
date of enactment of this Act, the Secretary of Health and Human 
Services, acting through the Commissioner of Food and Drugs, in 
collaboration with the Director of the Centers for Disease Control and 
Prevention and other related Federal agencies, may--
            (1) develop information about the ingredients used in 
        energy drinks and the potential side effects of energy drink 
        consumption; and
            (2) recommend guidelines for the safe use of energy drink 
        consumption by youth, including youth participating in athletic 
        activities.
    (b) Dissemination of Guidelines.--Not later than 6 months after any 
information or guidelines are developed under subsection (a), the 
Secretary of Education, in coordination with the Commissioner of Food 
and Drugs, shall disseminate such information and guidelines to school 
administrators, educators, school health professionals, coaches, 
families, and other appropriate individuals.
    (c) Energy Drink Defined.--In this section the term ``energy 
drink'' means a class of products in liquid form, marketed as either a 
dietary supplement or conventional food under the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 301 et seq.), for the stated purpose of 
providing the consumer with added physical or mental energy, and that 
contains each of the following:
            (1) Caffeine.
            (2) At least 1 of the following ingredients:
                    (A) Taurine.
                    (B) Guarana.
                    (C) Ginseng.
                    (D) B vitamins such as cobalamin, folic acid, 
                pyridoxine, or niacin.
                    (E) Any other ingredient added for the express 
                purpose of providing physical or mental energy, as 
                determined during the development of guidelines in 
                accordance with subsection (a).
    (d) Prohibition on Restriction of Marketing and Sales of Energy 
Drinks.--Nothing in this section shall be construed to provide the 
Commissioner of Food and Drugs with authority to regulate the marketing 
and sale of energy drinks, beyond such authority as such Commissioner 
has as of the date of enactment of this Act.

SEC. 7. RESEARCH RELATING TO YOUTH ATHLETIC SAFETY.

    (a) Expansion of CDC Research.--Section 301 of the Public Health 
Service Act (42 U.S.C. 241) is amended by adding at the end the 
following:
    ``(f) The Secretary, acting through the Director of the Centers for 
Disease Control and Prevention, shall, to the extent practicable, 
expand, intensify, and coordinate the activities of the Centers for 
Disease Control and Prevention with respect to cardiac conditions, 
concussions, and heat-related illnesses among youth athletes.''.
    (b) Report to Congress.--Not later than 6 years after the enactment 
of this Act, the Director of the Centers for Disease Control and 
Prevention and the Secretary of Education shall prepare and submit a 
joint report to Congress that includes information, with respect to the 
5-year period beginning after the date of enactment of this Act, 
about--
            (1) the number of youth fatalities that occur while a youth 
        is participating in an athletic activity, and the cause of each 
        of those deaths; and
            (2) the number of catastrophic injuries sustained by a 
        youth while the youth is participating in an athletic activity, 
        and the cause of such injury.

SEC. 8. CONFORMING AMENDMENTS.

    The table of contents in section 2 of the Elementary and Secondary 
Education Act of 1965 is amended--
            (1) by striking the item relating to the heading of subpart 
        2 of part E of title IX and inserting the following new item:

                    ``Subpart 3--Other Provisions'';

        and
            (2) by inserting after the item relating to section 9506, 
        the following new items:

  ``Subpart 2--State Requirements for the Prevention and Treatment of 
                              Concussions

``Sec. 9511. Minimum State requirements.
``Sec. 9512. Definitions.''.
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