[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4145 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 4145

  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

                             August 2, 2019

Mr. Smith of New Jersey (for himself and Mr. Gottheimer) 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 within 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 Representatives 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:
            (1) Deaths from exertional heat stroke are preventable.
            (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 hydration, 
        acclimatization prior to intense physical activity, and rapid 
        recognition, rapid assessment, rapid treatment, and rapid 
        advanced care can prevent exertional heat stroke deaths or 
        hospitalizations provided that the protective measures are 
        implemented immediately when warranted.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established the Commission to Prevent 
Heat Stroke Deaths (in this Act referred 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.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--Braeden's Commission 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 pursuant 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.
            (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 appointments 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 
Commission.
    (d) Appointments.--The appointments of the members 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 Commission. 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.

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 conduct a study on 
exertional heat stroke among student athletes 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 prevention, 
        recognition, and treatment of exertional heat stroke and 
        related illnesses;
            (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, including 
        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 educational 
        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 determining 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 effective policies and systems;
            (9) current barriers to preventing fatalities from 
        exertional heat stroke and methods to overcome such barriers 
        among student athletes;
            (10) demographic trends or specific risk factors that are 
        predictive of or correlated with student athlete exertional 
        heat stroke and related illnesses such as heat exhaustion;
            (11) methods for improving data collection related 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, including those 
        currently being conducted by graduate and doctoral students;
            (13) recommendations from the National Athletic Trainers' 
        Association's position statements pertaining 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.

SEC. 7. RECOMMENDATIONS AND REPORT.

    (a) Recommendations.--Based on the study conducted 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 purpose; and
                    (B) lessons, solutions, and necessary improvements 
                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 Commission have been appointed, 
Braeden's Commission shall submit to the President and Congress a 
report containing--
            (1) the recommendations required under subsection (a);
            (2) a detailed statement of the findings of Braeden's 
        Commission related to the study conducted under section 6; and
            (3) recommendations for legislation and administrative 
        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 Secretary of Health and 
Human Services, Braeden's Commission 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 hearings, sit and act at times 
        and places, take testimony, and receive evidence as Braeden's 
        Commission considers appropriate. Braeden's Commission may 
        administer oaths or affirmations to witnesses appearing 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
                    (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 Commission 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 department 
shall furnish that information to Braeden's Commission.
    (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 departments.
    (d) Gifts, Bequests, and Devises.--To the extent or in the amounts 
made available in advance in appropriations Acts, Braeden's Commission 
may accept, use, and dispose of gifts, bequests, or devises of services 
or property, 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 Commission 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 Executive Director and such other personnel as 
        may be necessary to enable Braeden's Commission to perform its 
        duties.
            (4) Compensation.--
                    (A) Rate of pay for the executive director.--The 
                Chairperson of Braeden's Commission may fix the pay of 
                the Executive Director of Braeden's Commission without 
                regard to chapter 51 and subchapter III of chapter 53 
                of title 5, United States Code, relating to 
                classification of positions and General Schedule pay 
                rates, except that the rate of pay for the Executive 
                Director may not exceed the rate payable for level V of 
                the Executive Schedule under section 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 annual 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 approval of Braeden's 
Commission, the Chairperson may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, but at 
rates not to exceed the daily equivalent of the maximum annual rate of 
basic pay for GS-15 of the General Schedule.

SEC. 10. TERMINATION OF BRAEDEN'S COMMISSION.

    Braeden's Commission shall terminate on the earlier of--
            (1) 30 days after the date on which Braeden's Commission 
        submits its report pursuant to section 7(b); or
            (2) the date that is 3 years after the initial meeting 
        under section 5(a).

SEC. 11. FEDERAL AGENCY RESPONSE.

    Not later than 6 months after the submission to the President of 
the report required under section 7(b), any Federal agency or 
department that is subject to a recommendation described in the report 
shall submit to Congress a report containing the plans of such agency 
or department to address the recommendation.

SEC. 12. DEFINITION.

    As used in this Act, the term ``educational institution'' means--
            (1) a public or private school that serves any of grades 9 
        through 12; and
            (2) an institution of higher education (as defined in 
        section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
        1001(a)).
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