[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4855 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4855
To establish a commission to prevent exertional heat stroke deaths
among high school and collegiate athletes, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 29, 2021
Mr. Smith of New Jersey (for himself, Mr. Gottheimer, Mr. Van Drew, and
Mr. Payne) introduced the following bill; which was referred to the
Committee on Education and Labor, and in addition to the Committee on
Energy and Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
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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