116th CONGRESS 2d Session |
To ensure that institutions of higher education take steps to protect their college athletes from COVID–19, and for other purposes.
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
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 Representatives of the United States of America in Congress assembled,
This Act may be cited as the “College Athlete Pandemic Safety Act”.
SEC. 2. PROTECTING INTERCOLLEGIATE ATHLETES FROM COVID–19.
(a) Definitions.—In this section:
(1) COLLEGE ATHLETE.—The term “college athlete” means an individual that participates in an intercollegiate sport for an institution of higher education.
(2) COVID–19.—The term “COVID–19” means the novel coronavirus 2019 (COVID–19).
(b) Prohibition on waivers.—No postsecondary educational institution shall allow any individual to agree to a waiver of the liability of the institution regarding COVID–19 with respect to any sporting activity.
(c) Athletic department health and safety guidelines.—By not later than 90 days after the date of enactment of this Act, the Director of the Centers for Disease Control and Prevention shall develop health and safety guidelines relating to COVID–19 for athletic departments of postsecondary educational institutions.
(d) Institutional responsibilities.—A postsecondary educational institution shall comply with the following requirements:
(1) The institution shall comply with subsection (b).
(2) The institution shall not cancel a scholarship or any other financial aid provided to a college athlete who refrains from participating in team activities due to concerns about contracting or transmitting COVID–19.
(3) The institution shall comply with the COVID–19 health and safety guidelines developed under subsection (c).
(4) The institution shall inform all college athletes of the institution when a college athlete or a staff member of the athletic department of the institution has tested positive for COVID–19, without revealing the identity or any personally identifiable information of the infected individual.
(e) Private right of action.—A person may, if otherwise permitted by the law of the applicable State or rules of the applicable State court, bring in an appropriate court of that State—
(1) an action based on a violation of this section or any regulations prescribed under this section to enjoin such a violation;
(2) an action to recover damages for each such violation, including punitive damages; or
(3) both such actions.