IB 

108TH CONGRESS 

2D SESSION H. R. 3369 

[Report No. 108–681] 

To provide immunity for nonprofit athletic organizations in lawsuits arising 

from claims of ordinary negligence relating to the passage or adoption 

of rules for athletic competitions and practices. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 21, 2003 

Mr. SOUDER (for himself, Mr. WYNN, Mr. OSBORNE, Mr. HASTINGS of Washington, Mr. KELLER, and Mrs. MUSGRAVE) introduced the following bill; 

which was referred to the Committee on the Judiciary 

SEPTEMBER 13, 2004 

Additional sponsors: Mr. RAMSTAD, Mr. REHBERG, Mr. WAMP, Mr. SMITH of 

Texas, Mr. BRADLEY of New Hampshire, Mr. NORWOOD, Mr. BURTON

of Indiana, Mr. CARTER, Mr. CHABOT, Mr. PENCE, Mr. HOSTETTLER, 

and Mr. CANTOR

SEPTEMBER 13, 2004 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

A BILL 

To provide immunity for nonprofit athletic organizations in 

lawsuits arising from claims of ordinary negligence relating to the passage or adoption of rules for athletic competitions and practices. 

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

2 This Act may be cited as the ‘‘Nonprofit Athletic Or3 ganization Protection Act of 2003’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) ECONOMIC LOSS.—The term ‘‘economic 

7 loss’’ means any pecuniary loss resulting from harm 

8 (including the loss of earnings or other benefits re9 lated to employment, medical expense loss, replace10 ment services loss, loss due to death, burial costs, 

11 and loss of business or employment opportunities) to 

12 the extent recovery for such loss is allowed under ap13 plicable State law. 

14 (2) HARM.—The term ‘‘harm’’ includes phys15 ical, nonphysical, economic, and noneconomic losses. 

16 (3) NONECONOMIC LOSS.—The term ‘‘non17 economic loss’’ means any loss resulting from phys18 ical and emotional pain, suffering, inconvenience, 

19 physical impairment, mental anguish, disfigurement, 

20 loss of enjoyment of life, loss of society and compan21 ionship, loss of consortium (other than loss of do22 mestic service), hedonic damages, injury to reputa23 tion, and all other nonpecuniary losses of any kind 

24 or nature. 

25 (4) NONPROFIT ORGANIZATION.—The term 

26 ‘‘nonprofit organization’’ means— 
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1 (A) any organization which is described in 

2 section 501(c)(3) of the Internal Revenue Code 

3 of 1986 and exempt from tax under section 

4 501(a) of such Code; or 

5 (B) any not-for-profit organization which 

6 is organized and conducted for public benefit 

7 and operated primarily for charitable, civic, 

8 educational, religious, welfare, or health pur9 poses. 

10 (5) NONPROFIT ATHLETIC ORGANIZATION.— 

11 The term ‘‘nonprofit athletic organization’’ means a 

12 nonprofit organization that has as one of its primary 

13 functions the adoption of rules for sanctioned or ap14 proved athletic competitions and practices. The term 

15 includes the employees, agents, and volunteers of 

16 such organization, provided such individuals are act17 ing within the scope of their duties with the non18 profit athletic organization. 

19 (6) STATE.—The term ‘‘State’’ includes the 

20 District of Columbia, and any commonwealth, terri21 tory, or possession of the United States. 

22 SEC. 3. LIMITATION ON LIABILITY FOR NONPROFIT ATH23 LETIC ORGANIZATIONS. 

24 (a) LIABILITY PROTECTION FOR NONPROFIT ATH25 LETIC ORGANIZATIONS.—Except as provided in sub-
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1 sections (b) and (c), a nonprofit athletic organization shall 

2 not be liable for harm caused by an act or omission of 

3 the nonprofit athletic organization in the adoption of rules 

4 for sanctioned or approved athletic competitions or prac5 tices if— 

6 (1) the nonprofit athletic organization was act7 ing within the scope of the organization’s duties at 

8 the time of the adoption of the rules at issue; 

9 (2) the nonprofit athletic organization was, if 

10 required, properly licensed, certified, or authorized 

11 by the appropriate authorities for the competition or 

12 practice in the State in which the harm occurred or 

13 where the competition or practice was undertaken; 

14 and 

15 (3) the harm was not caused by willful or crimi16 nal misconduct, gross negligence, or reckless mis17 conduct on the part of the nonprofit athletic organi18 zation. 

19 (b) RESPONSIBILITY OF EMPLOYEES, AGENTS, AND

20 VOLUNTEERS TO NONPROFIT ATHLETIC ORGANIZA21 TIONS.—Nothing in this section shall be construed to af22 fect any civil action brought by any nonprofit athletic or23 ganization against any employee, agent, or volunteer of 

24 such organization. 
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1 (c) EXCEPTIONS TO NONPROFIT ATHLETIC ORGANI2 ZATION LIABILITY PROTECTION.—If the laws of a State 

3 limit nonprofit athletic organization liability subject to one 

4 or more of the following conditions, such conditions shall 

5 not be construed as inconsistent with this section: 

6 (1) A State law that requires a nonprofit ath7 letic organization to adhere to risk management pro8 cedures, including mandatory training of its employ9 ees, agents, or volunteers. 

10 (2) A State law that makes the nonprofit ath11 letic organization liable for the acts or omissions of 

12 its employees, agents, and volunteers to the same ex13 tent as an employer is liable for the acts or omis14 sions of its employees. 

15 (3) A State law that makes a limitation of li16 ability inapplicable if the civil action was brought by 

17 an officer of a State or local government pursuant 

18 to State or local law. 

19 SEC. 4. PREEMPTION. 

20 This Act preempts the laws of any State to the extent 

21 that such laws are inconsistent with this Act, except that 

22 this Act shall not preempt any State law that provides 

23 additional protection from liability relating to the rule24 making activities of nonprofit athletic organizations. 
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1 SEC. 5. EFFECTIVE DATE. 

2 (a) IN GENERAL.—This Act shall take effect on the 

3 date of enactment of this Act. 

4 (b) APPLICATION.—This Act applies to any claim for 

5 harm caused by an act or omission of a nonprofit athletic 

6 organization that is filed on or after the effective date of 

7 this Act but only if the harm that is the subject of the 

8 claim or the conduct that caused the harm occurred on 

9 or after such effective date. 

Union Calendar No. 420 

108TH CONGRESS 

2D SESSION H. R. 3369 

[Report No. 108–681] 

A BILL 

To provide immunity for nonprofit athletic organitices. tion of rules for athletic competitions and prac- nary negligence relating to the passage or adop- zations in lawsuits arising from claims of ordiSEPTEMBER 13, 2004 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed