I 
108TH CONGRESS 
1ST SESSION H. R. 3369
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 Wash-
ington, Mr. KELLER, and Mrs. MUSGRAVE) introduced the following bill; 
which was referred to the Committee on the Judiciary 
A BILL 
To provide immunity for nonprofit athletic organizations in 
lawsuits arising from claims of ordinary negligence relat-
ing to the passage or adoption of rules for athletic com-
petitions and practices.
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 2003’’. 
SEC. 2. 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, 
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. 
(6) STATE.—The term ‘‘State’’ includes the 
District of Columbia, and any commonwealth, terri-
tory, or possession of the United States. 
SEC. 3. LIMITATION ON LIABILITY FOR NONPROFIT ATH-
LETIC ORGANIZATIONS. 
(a) LIABILITY PROTECTION FOR NONPROFIT ATH-
LETIC ORGANIZATIONS.—Except as provided in sub-
sections (b) and (c), a nonprofit athletic organization shall 
not be liable for harm caused by an act or omission of 
the nonprofit athletic organization in the adoption of rules
for sanctioned or approved athletic competitions or prac-
tices if—
(1) the nonprofit athletic organization was act-
ing within the scope of the organization’s duties at 
the time of the adoption of the rules at issue; 
(2) the nonprofit athletic organization was, if 
required, properly licensed, certified, or authorized 
by the appropriate authorities for the competition or 
practice in the State in which the harm occurred or 
where the competition or practice was undertaken; 
and 
(3) the harm was not caused by willful or crimi-
nal misconduct, gross negligence, or reckless mis-
conduct on the part of the nonprofit athletic organi-
zation. 
(b) RESPONSIBILITY OF EMPLOYEES, AGENTS, AND 
VOLUNTEERS
TO
NONPROFIT
ATHLETIC
ORGANIZA-
TIONS.—Nothing in this section shall be construed to af-
fect any civil action brought by any nonprofit athletic or-
ganization against any employee, agent, or volunteer of 
such organization. 
(c) EXCEPTIONS TO NONPROFIT ATHLETIC ORGANI-
ZATION LIABILITY PROTECTION.—If the laws of a State 
limit nonprofit athletic organization liability subject to one
or more of the following conditions, such conditions shall 
not be construed as inconsistent with this section: 
(1) A State law that requires a nonprofit ath-
letic organization to adhere to risk management pro-
cedures, including mandatory training of its employ-
ees, agents, or volunteers. 
(2) A State law that makes the nonprofit ath-
letic organization liable for the acts or omissions of 
its employees, agents, and volunteers to the same ex-
tent as an employer is liable for the acts or omis-
sions of its employees. 
(3) A State law that makes a limitation of li-
ability inapplicable if the civil action was brought by 
an officer of a State or local government pursuant 
to State or local law. 
SEC. 4. PREEMPTION. 
This Act preempts the laws of any State to the extent 
that such laws are inconsistent with this Act, except that 
this Act shall not preempt any State law that provides 
additional protection from liability relating to the rule-
making activities of nonprofit athletic organizations. 
SEC. 5. EFFECTIVE DATE. 
(a) IN GENERAL.—This Act shall take effect on the 
date of enactment of this Act.
(b) APPLICATION.—This Act applies to any claim for 
harm caused by an act or omission of a nonprofit athletic 
organization that is filed on or after the effective date of 
this Act but only if the harm that is the subject of the 
claim or the conduct that caused the harm occurred on 
or after such effective date.
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