[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3347 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3347
To promote youth athletic safety, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 2020
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 FOR PEDIATRIC CARDIAC
CONDITIONS TO INCREASE EARLIER DIAGNOSIS AND PREVENT
SUDDEN CARDIAC 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-7. MATERIALS AND EDUCATIONAL RESOURCES TO INCREASE
AWARENESS OF CARDIOMYOPATHY AND OTHER HIGH-RISK CHILDHOOD
CARDIAC CONDITIONS AMONG SCHOOL ADMINISTRATORS,
EDUCATORS, SCHOOL HEALTH PROFESSIONALS, COACHES,
STUDENTS, AND FAMILIES.
``(a) Materials and Resources.--Not later than 12 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 organizations with expertise
in cardiac health and all forms of pediatric cardiomyopathy, shall
develop educational materials and resources to be disseminated to
school administrators, educators, school health professionals, coaches,
students, families, and other appropriate individuals. The materials
and resources shall include--
``(1) information on the signs, symptoms, and risk factors
associated with 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) long QT syndrome, Brugada syndrome,
catecholaminergic polymorphic ventricular tachycardia,
short QT syndrome, Wolff-Parkinson-White syndrome; and
``(C) other high-risk cardiac conditions, as
determined by the Secretary;
``(2) sudden cardiac arrest risk assessment worksheets to
help identify higher risk children and adolescents with
possible life-threatening cardiac conditions who may need
additional medical screening and treatment;
``(3) guidelines and training materials for schools,
childcare centers, and local youth athletic organizations to
handle cardiac emergencies, covering cardiopulmonary
resuscitation (referred to in this section and section 399V-8
as `CPR') and ways to obtain certification on CPR delivery;
``(4) guidelines and training materials for schools,
childcare centers, and local youth athletic organizations to
handle cardiac emergencies, on the proper placement, usage, and
maintenance of automatic external defibrillators (referred to
in this section and section 399V-8 as `AED') and ways to obtain
certification on AED usage; and
``(5) recommendations on developing and implementing a
cardiac emergency response plan at schools, childcare centers,
and local youth athletic organizations, including
recommendations on how local educational agencies (as defined
in section 8101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801)) can apply such response plans to
students enrolled in public schools served by such local
educational agencies.
``(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
promoting research, education, and awareness of all
forms of pediatric cardiac cardiomyopathy;
``(B) not less than 1 organization dedicated to
research, and education, and awareness of high-risk
cardiac conditions and genetic heart rhythm
abnormalities;
``(C) not less than 1 organization dedicated to
school-based wellness;
``(D) not less than 1 organization dedicated to
advocacy and support for individuals with cognitive
impairments or developmental disabilities; and
``(E) not less than 1 organization dedicated to
addressing minority health disparities.
``(2) Representatives of medical and health care
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,
including the Department of Education and the National
Institutes of Health.
``(5) Representatives of schools, such as administrators,
educators, sports coaches, and nurses.
``(c) Dissemination of Materials and Resources.--Not later than 24
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 local educational agencies.--The
Secretary shall make available such materials and resources to
local educational agencies (as defined in section 8101 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, students, and parents,
guardians, or other caregivers, information on the
signs, symptoms, and risk factors of high-risk cardiac
conditions;
``(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, school
health professionals, 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.
``(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 and update when
necessary such materials and resources
developed under subsection (a) on the public
Internet website to ensure such information
reflects the latest standards.
``(B) State educational agencies.--State
educational agencies are encouraged to work with State
Health Departments to create Internet webpages to
disseminate the materials and resources developed under
subsection (a) to the general public, with an emphasis
on targeting students and their families.
``(4) Accessibility of information.--The information
regarding the materials and resources developed 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) 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 8101 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.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal years 2021 through 2026.
``SEC. 399V-8. GRANTS TO PROVIDE FOR CPR AND AED TRAINING AND PURCHASE
OF AED EQUIPMENT FOR PUBLIC CHILDCARE CENTERS,
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 offer CPR and AED training courses that are nationally
certified; or
``(2) to enable such local educational agencies to award
funding to eligible schools that are served by the local
educational agency to purchase and maintain AEDs and offer CPR
and AED training courses that are nationally certified.
``(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 instruction, materials, and
equipment expenses associated with CPR and AED training in
accordance with the materials and resources developed under
section 399V-7(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-
7(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 allocation and training.--To be eligible for
grant funding 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 a CPR and AED 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 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(e)) 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 implementation
of an emergency cardiac response plan.
``(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.
``(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 (20 U.S.C.
6333(c)(1)(A)) 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 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801), that has
established a plan to follow the guidelines and carry out the
recommendations described under section 399V-7(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 2021 through 2026.
``SEC. 399V-9. 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, to determine the degree to which
school administrators, educators, school health professionals, coaches,
students, families, and other appropriate individuals have an
understanding of cardiac issues described in section 399V-7. Such data
collection methods shall be designed to collect information about--
``(1) the ability to accurately identify early symptoms of
a cardiac condition, such as cardiomyopathy leading to cardiac
arrest, and sudden cardiac death;
``(2) the dissemination of training described in section
399V-7(a)(3) regarding the proper performance of
cardiopulmonary resuscitation; and
``(3) the dissemination of guidelines and training
described in section 399V-7(a)(4) regarding the placement and
use of automatic external defibrillators.''.
SEC. 3. PREVENTION AND TREATMENT OF YOUTH ATHLETE CONCUSSIONS.
Title VIII of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801 et seq.) is amended by adding at the end the following:
``PART H--YOUTH ATHLETIC SAFETY
``Subpart 1--State Requirements for the Prevention and Treatment of
Concussions
``SEC. 8701. MINIMUM STATE REQUIREMENTS.
``(a) In General.--Beginning for fiscal year 2022, 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 8702(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. 8702. DEFINITIONS.
``In this part:
``(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'
includes teachers, principals, administrators, counselors,
social workers, psychologists, nurses, librarians, coaches and
athletic trainers, and other support staff who are employed by
a school or who perform services for the school on a
contractual basis.
``(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 H of title VIII of the Elementary and Secondary Education Act
of 1965, as added by this Act, is amended by adding at the end the
following:
``Subpart 2--Heat Advisory and Heat Acclimatization Procedures
``SEC. 8711. 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:
``(i) The Secretary, acting through the Director of the Centers for
Disease Control and Prevention, shall expand, intensify, and coordinate
surveillance activities with respect to cardiac conditions,
concussions, and heat-related illnesses among youth athletes.''.
(b) Report to Congress.--Not later than 6 years after the date of
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;
(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;
(3) demographic information on youth fatalities and
catastrophic injury;
(4) national surveillance data on the incidence and
prevalence of cardiomyopathy and other cardiac conditions,
concussions, and heat-related illnesses among youth athletes;
and
(5) effectiveness of CPR and AED usage in cardiac emergency
situations among young athletes.
SEC. 8. CONFORMING AMENDMENTS.
The table of contents in section 2 of the Elementary and Secondary
Education Act of 1965 is amended by inserting after the item relating
to section 8601 the following new items:
``PART H--Youth Athletic Safety
``subpart 1--state requirements for the prevention and treatment of
concussions
``Sec. 8701. Minimum State requirements.
``Sec. 8702. Definitions.
``subpart 2--heat advisory and heat acclimatization procedures
``Sec. 8711. Heat advisory and heat acclimatization procedures.''.
<all>