(6) STATE.—The term ‘‘State’’ includes the 
District of Columbia, and any commonwealth, terri-
tory, or possession of the United States. 
SEC. 4. 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 
of play for sanctioned or approved athletic competitions 
or practices 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. 
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(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. 
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(d) NONAPPLICABILITY TO CERTAIN CLAIMS.—The 
limitation on liability provided by subsection (a) does not 
apply to an action or claim arising out of a Federal, State, 
or local antitrust, labor, environmental, defamation, 
tortious interference of contract law, or civil rights law, 
or any other Federal, State, or local law providing protec-
tion from discrimination. 
SEC. 5. 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. 6. 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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