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, Education, 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘College Athlete Pan5 demic Safety Act’’. 

6 SEC. 2. PROTECTING INTERCOLLEGIATE ATHLETES FROM 

7 COVID–19. 

8 (a) DEFINITIONS.—In this section: 


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•S 4102 IS

1 (1) COLLEGE ATHLETE.—The term ‘‘college 

2 athlete’’ means an individual that participates in an 

3 intercollegiate sport for an institution of higher edu4 cation. 

5 (2) COVID–19.—The term ‘‘COVID–19’’ 

6 means the novel coronavirus 2019 (COVID–19). 

7 (b) PROHIBITION ON WAIVERS.—No postsecondary 

8 educational institution shall allow any individual to agree 

9 to a waiver of the liability of the institution regarding 

10 COVID–19 with respect to any sporting activity. 

11 (c) ATHLETIC DEPARTMENT HEALTH AND SAFETY

12 GUIDELINES.—By not later than 90 days after the date 

13 of enactment of this Act, the Director of the Centers for 

14 Disease Control and Prevention shall develop health and 

15 safety guidelines relating to COVID–19 for athletic de16 partments of postsecondary educational institutions. 

17 (d) INSTITUTIONAL RESPONSIBILITIES.—A postsec18 ondary educational institution shall comply with the fol19 lowing requirements: 

20 (1) The institution shall comply with subsection 

21 (b). 

22 (2) The institution shall not cancel a scholar23 ship or any other financial aid provided to a college 

24 athlete who refrains from participating in team acVerDate Sep 11 2014 05:54 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4102.IS S4102

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1 tivities due to concerns about contracting or trans2 mitting COVID–19. 

3 (3) The institution shall comply with the 

4 COVID–19 health and safety guidelines developed 

5 under subsection (c). 

6 (4) The institution shall inform all college ath7 letes of the institution when a college athlete or a 

8 staff member of the athletic department of the insti9 tution has tested positive for COVID–19, without re10 vealing the identity or any personally identifiable in11 formation of the infected individual. 

12 (e) PRIVATE RIGHT OF ACTION.—A person may, if 

13 otherwise permitted by the law of the applicable State or 

14 rules of the applicable State court, bring in an appropriate 

15 court of that State— 

16 (1) an action based on a violation of this sec17 tion or any regulations prescribed under this section 

18 to enjoin such a violation; 

19 (2) an action to recover damages for each such 

20 violation, including punitive damages; or 

21 (3) both such actions. 

Æ 


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