II 

109TH CONGRESS 

1ST SESSION S. 567 

To provide immunity for nonprofit athletic organizations in lawsuits arising 

from claims of ordinary negligence relating to the passage, adoption, 

or failure to adopt rules of play for athletic competitions and practices. 

IN THE SENATE OF THE UNITED STATES 

MARCH 8, 2005 

Mr. LUGAR introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL

To provide immunity for nonprofit athletic organizations in 

lawsuits arising from claims of ordinary negligence relating to the passage, adoption, or failure to adopt rules 

of play 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Nonprofit Athletic Or5 ganization Protection Act of 2005’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 
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1 (1) Amateur Sports and education-based ath2 letics are an important part of our culture. Sports 

3 provide a tremendous opportunity for the youth of 

4 America to learn the skills of leadership, teamwork, 

5 and discipline. Studies have shown that participation 

6 in these activities is directly connected to academic 

7 achievement and overall social development. 

8 (2) Amateur athletics are integral to the good 

9 health and overall well-being of American society. 

10 Nonprofit organizations put forward their best ef11 forts to enact rules that are in the best interests of 

12 young people. Injuries will occur as a result of the 

13 inherent risks involved in sports. These risks, how14 ever, should not work to the detriment of the greater 

15 good served by amateur athletics. 

16 (3) Young people who participate in school 

17 sports and other amateur competition have lower 

18 levels of obesity. 

19 (4) Young people who participate in sports tend 

20 to be fitter adults, and suffer fewer health problems 

21 as they age. 

22 (5) Playing rules in amateur sports are nec23 essary to provide the opportunity for young people 

24 to participate in age- and skill level-appropriate com25 petition. 
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1 (6) Sport involves intense physical activity. It 

2 also involves a certain element of danger. Rule mak3 ing is anticipatory, and hence a difficult balancing 

4 act. Rules committee members face a constant 

5 struggle to balance the tradeoffs of limiting risk and 

6 preserving the key elements and sound traditions of 

7 the sport. Rules makers must draw unambiguous 

8 lines; they do not have the luxury of self-protective 

9 vagueness. Given the large number of participants 

10 and the risks inherent in sport, injuries cannot be 

11 avoided. By deciding to partake in competition, ath12 letes assume such risks. Allowing lawsuits based 

13 merely on the good faith development of the rules is 

14 wrong and unfair. 

15 (7) Rules makers have been the target of an in16 creasing number of lawsuits claiming negligence due 

17 to the adoption, or failure to adopt, particular rules 

18 for amateur sports. 

19 (8) Repeatedly defending claims will have a det20 rimental impact on the ability of rules makers to 

21 continue to provide these services, and will discour22 age the best and brightest coaches, officials, and ad23 ministrators from serving on rules committees. Addi24 tionally, some children may lose the opportunity to 

25 participate in organized sports if higher insurance 
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1 premiums compel amateur athletic organizations to 

2 raise fees. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

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

6 loss’’ means any pecuniary loss resulting from harm 

7 (including the loss of earnings or other benefits re8 lated to employment, medical expense loss, replace9 ment services loss, loss due to death, burial costs, 

10 and loss of business or employment opportunities) to 

11 the extent recovery for such loss is allowed under ap12 plicable State law. 

13 (2) HARM.—The term ‘‘harm’’ includes phys14 ical, nonphysical, economic, and noneconomic losses. 

15 (3) NONECONOMIC LOSS.—The term ‘‘non16 economic loss’’ means any loss resulting from phys17 ical and emotional pain, suffering, inconvenience, 

18 physical impairment, mental anguish, disfigurement, 

19 loss of enjoyment of life, loss of society and compan20 ionship, loss of consortium (other than loss of do21 mestic service), hedonic damages, injury to reputa22 tion, and all other nonpecuniary losses of any kind 

23 or nature. 

24 (4) NONPROFIT ORGANIZATION.—The term 

25 ‘‘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. 4. 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 of play for sanctioned or approved athletic competitions 

5 or practices 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 (d) NONAPPLICABILITY TO CERTAIN CLAIMS.—The 

20 limitation on liability provided by subsection (a) does not 

21 apply to an action or claim arising out of a Federal, State, 

22 or local antitrust, labor, environmental, defamation, 

23 tortious interference of contract law, or civil rights law, 

24 or any other Federal, State, or local law providing protec25 tion from discrimination. 
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1 SEC. 5. PREEMPTION. 

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

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

4 this Act shall not preempt any State law that provides 

5 additional protection from liability relating to the rule6 making activities of nonprofit athletic organizations. 

7 SEC. 6. EFFECTIVE DATE. 

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

9 date of enactment of this Act. 

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

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

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

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

14 claim or the conduct that caused the harm occurred on 

15 or after such effective date.

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