IB 
Union Calendar No. 213 
109TH CONGRESS 
2D SESSION 
H. R. 1176 
[Report No. 109–393] 
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 HOUSE OF REPRESENTATIVES 
MARCH 8, 2005 
Mr. SOUDER (for himself and Mr. CANTOR) introduced the following bill; 
which was referred to the Committee on the Judiciary 
MARCH 15, 2006 
Additional sponsors: Mr. RAMSTAD, Mr. WYNN, Mr. CHABOT, Mr. WAMP, 
Mrs. MUSGRAVE, Mr. OSBORNE, Mr. HASTINGS of Washington, Mr. 
BISHOP of Georgia, Mr. CONAWAY, Mr. BRADLEY of New Hampshire, 
Ms. GINNY BROWN-WAITE of Florida, Mr. KUHL of New York, Mr. BUR-
TON of Indiana, Mr. GREEN of Wisconsin, Mrs. DRAKE, Mr. AKIN, and 
Mr. KENNEDY of Minnesota 
MARCH 15, 2006 
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 relat-
ing to the passage, adoption, or failure to adopt rules 
of play for athletic competitions and practices. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Nonprofit Athletic Or-
ganization Protection Act of 2006’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) Amateur Sports and education-based ath-
letics are an important part of our culture. Sports 
provide a tremendous opportunity for the youth of 
America to learn the skills of leadership, teamwork, 
and discipline. Studies have shown that participation 
in these activities is directly connected to academic 
achievement and overall social development. 
(2) Amateur athletics are integral to the good 
health and overall well-being of American society. 
Nonprofit organizations put forward their best ef-
forts to enact rules that are in the best interests of 
young people. Injuries will occur as a result of the 
inherent risks involved in sports. These risks, how-
ever, should not work to the detriment of the greater 
good served by amateur athletics. 
(3) Young people who participate in school 
sports and other amateur competition have lower 
levels of obesity. 
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(4) Young people who participate in sports tend 
to be fitter adults, and suffer fewer health problems 
as they age. 
(5) Playing rules in amateur sports are nec-
essary to provide the opportunity for young people 
to participate in age- and skill level-appropriate com-
petition. 
(6) Sport involves intense physical activity. It 
also involves a certain element of danger. Rule mak-
ing is anticipatory, and hence a difficult balancing 
act. Rules committee members face a constant 
struggle to balance the tradeoffs of limiting risk and 
preserving the key elements and sound traditions of 
the sport. Rules makers must draw unambiguous 
lines; they do not have the luxury of self-protective 
vagueness. Given the large number of participants 
and the risks inherent in sport, injuries cannot be 
avoided. By deciding to partake in competition, ath-
letes assume such risks. Allowing lawsuits based 
merely on the good faith development of the rules is 
wrong and unfair. 
(7) Rules makers have been the target of an in-
creasing number of lawsuits claiming negligence due 
to the adoption, or failure to adopt, particular rules 
for amateur sports. 
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(8) Repeatedly defending claims will have a det-
rimental impact on the ability of rules makers to 
continue to provide these services, and will discour-
age the best and brightest coaches, officials, and ad-
ministrators from serving on rules committees. Addi-
tionally, some children may lose the opportunity to 
participate in organized sports if higher insurance 
premiums compel amateur athletic organizations to 
raise fees. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ECONOMIC
LOSS.—The term ‘‘economic 
loss’’ means any pecuniary loss resulting from harm 
(including the loss of earnings or other benefits re-
lated to employment, medical expense loss, replace-
ment services loss, loss due to death, burial costs, 
and loss of business or employment opportunities) to 
the extent recovery for such loss is allowed under ap-
plicable State law. 
(2) HARM.—The term ‘‘harm’’ includes phys-
ical, nonphysical, economic, and noneconomic losses. 
(3) NONECONOMIC
LOSS.—The term ‘‘non-
economic loss’’ means any loss resulting from phys-
ical and emotional pain, suffering, inconvenience, 
physical impairment, mental anguish, disfigurement, 
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loss of enjoyment of life, loss of society and compan-
ionship, loss of consortium (other than loss of do-
mestic service), hedonic damages, injury to reputa-
tion, and all other nonpecuniary losses of any kind 
or nature. 
(4) NONPROFIT
ORGANIZATION.—The term 
‘‘nonprofit organization’’ means— 
(A) any organization which is described in 
section 501(c)(3) of the Internal Revenue Code 
of 1986 and exempt from tax under section 
501(a) of such Code; or 
(B) any not-for-profit organization which 
is organized and conducted for public benefit 
and operated primarily for charitable, civic, 
educational, religious, welfare, or health pur-
poses. 
(5) NONPROFIT
ATHLETIC
ORGANIZATION.— 
The term ‘‘nonprofit athletic organization’’ means a 
nonprofit organization that has as one of its primary 
functions the adoption of rules for sanctioned or ap-
proved athletic competitions and practices. The term 
includes the employees, agents, and volunteers of 
such organization, provided such individuals are act-
ing within the scope of their duties with the non-
profit athletic organization. 
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