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II
116TH CONGRESS
2D SESSION
S. 4102
To ensure that institutions of higher education take steps to protect their
college athletes from COVID–19, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JUNE 30, 2020
Mr. BLUMENTHAL (for himself and Mr. BOOKER) introduced the following
bill; which was read twice and referred to the Committee on Health, Edu-
cation, Labor, and Pensions
A BILL
To ensure that institutions of higher education take steps
to protect their college athletes from COVID–19, and
for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘College Athlete Pan-
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demic Safety Act’’.
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SEC. 2. PROTECTING INTERCOLLEGIATE ATHLETES FROM
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COVID–19.
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(a) DEFINITIONS.—In this section:
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•S 4102 IS
(1) COLLEGE
ATHLETE.—The term ‘‘college
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athlete’’ means an individual that participates in an
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intercollegiate sport for an institution of higher edu-
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cation.
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(2)
COVID–19.—The
term
‘‘COVID–19’’
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means the novel coronavirus 2019 (COVID–19).
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(b) PROHIBITION ON WAIVERS.—No postsecondary
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educational institution shall allow any individual to agree
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to a waiver of the liability of the institution regarding
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COVID–19 with respect to any sporting activity.
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(c) ATHLETIC DEPARTMENT HEALTH AND SAFETY
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GUIDELINES.—By not later than 90 days after the date
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of enactment of this Act, the Director of the Centers for
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Disease Control and Prevention shall develop health and
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safety guidelines relating to COVID–19 for athletic de-
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partments of postsecondary educational institutions.
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(d) INSTITUTIONAL RESPONSIBILITIES.—A postsec-
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ondary educational institution shall comply with the fol-
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lowing requirements:
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(1) The institution shall comply with subsection
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(b).
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(2) The institution shall not cancel a scholar-
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ship or any other financial aid provided to a college
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athlete who refrains from participating in team ac-
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•S 4102 IS
tivities due to concerns about contracting or trans-
1
mitting COVID–19.
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(3) The institution shall comply with the
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COVID–19 health and safety guidelines developed
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under subsection (c).
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(4) The institution shall inform all college ath-
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letes of the institution when a college athlete or a
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staff member of the athletic department of the insti-
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tution has tested positive for COVID–19, without re-
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vealing the identity or any personally identifiable in-
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formation of the infected individual.
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(e) PRIVATE RIGHT OF ACTION.—A person may, if
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otherwise permitted by the law of the applicable State or
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rules of the applicable State court, bring in an appropriate
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court of that State—
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(1) an action based on a violation of this sec-
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tion or any regulations prescribed under this section
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to enjoin such a violation;
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(2) an action to recover damages for each such
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violation, including punitive damages; or
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(3) both such actions.
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Æ
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