[Congressional Record Volume 150, Number 125 (Wednesday, October 6, 2004)]
[Senate]
[Pages S10576-S10577]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LUGAR:
  S. 2903. A bill to provide immunity for nonprofit athletic 
organizations in lawsuits arising from claims of ordinary negligence 
relating to passage or adoption of rules for athletic competitions and 
practices; to the Committee on the Judiciary.
  Mr. LUGAR. Mr. President, I rise today in order to express my support 
for the Nonprofit Athletic Organization Protection Act of 2004.
  Our country has invested a tremendous number of resources in 
providing our children with the ability to play sports. In every town 
in America, you will find boys and girls playing America's most popular 
sports: baseball, soccer, football and, of course, basketball. A recent 
study by the Sporting Goods Manufacturers Association showed that in 
2000 at least 36 million American children played on at least one team 
sport. Of those 36 million, 26 million children between the ages of 6-
17, played on an organized team in an organized league. A study by 
Statistical Research, Inc. for the Amateur Athletic Foundation and ESPN 
found that 94 percent of American children play some sport during the 
year.
  The ability for children to participate in sporting events provides 
our society many benefits that government cannot provide. Studies have 
shown that these benefits include betterment to a child's health, 
academic performance, social development and safety.
  It is no wonder that the most obvious benefit of organized sports is 
physical fitness. The National Institute of Health Care Maintenance has 
identified physical activity such as sports as a key factor in the 
maintenance of a healthy body. Lack of physical activity, along with 
unhealthy eating habits, has been identified as the leading cause of 
obesity in children. The center notes: ``Physical activity provides 
numerous mental and physical benefits to health, including reduction in 
the risk of premature mortality, cardiovascular diseases, hypertension, 
diabetes, depression, and cancers.'' The Washington Times reported on 
May 14th of this year that a Cooper Institute for Aerobics Research 
study indicated, ``Low fitness outranks fatness as a risk factor for 
mortality.'' By encouraging our children to participate in organized 
sports, we increase physical fitness and fight obesity.
  A second benefit in the participation of organized sports is an 
increase in academic performance. The National Institute of Health Care 
Maintenance has highlighted ``a recent largescale analysis reported by 
the California Department of Education [has shown] that the level of 
physical fitness attained by students was directly related to their 
performance on standardized achievement measures.'' When we encourage 
our children to participate in organized sports, we increase the 
ability for them to achieve academically.
  A third benefit for young people who participate in organized sports 
is that they learn positive social development. Organized sports teach 
values of teamwork, fair play, and friendly competition. Success in 
organized sports is also a vital self-esteem builder in many children.
  These three benefits have been widely discussed on the floor of the 
Senate and we have acted to implement several programs designed to 
reduce obesity and increase fitness, educational standards and the 
social well-being of our children.
  The fourth benefit to participation in organized youth sports, 
providing a safe place to play, is a topic that has not received as 
much attention as the first three. Nonetheless, it is no less 
important. Fewer kids are simply going outside to play, due to the 
attraction of TV, video games, and the Internet, combined with parents' 
safety concerns about letting children run around outside unsupervised. 
As a result, organized sports teams are an increasingly important 
source of safe physical activity in children. The American Academy of 
Pediatrics has stated, ``In contrast to unstructured or free play, 
participation in organized sports provides a greater opportunity to 
develop rules specifically designed for health and safety.''
  One primary reason why organized sports provide such an opportunity 
for safe play is that non-profit, volunteer organizations establish 
rules to provide a safe place to play. These organizations are made up 
of professional people who are in the business of providing children a 
fun and safe avenue for athletic exercise. Organizations like the Boys 
and Girls Club, the National Council of Youth Sports, the National 
Federation of State High School Associations and others exist largely 
to establish rules in order to minimize the risk of injury our children 
face while participating in sports. No matter how well these 
organizations perform their work, however, boys and girls will be 
injured.
  Over the last several years, more and more of these rule making 
bodies have become targets for lawsuits seeking to prove that the rule 
maker was negligent in making the rules of play. These lawsuits claim 
that had a different rule been in place, the injury would not have 
happened. Indeed, these suits place rule makers into a Catch-22. A 
child can be injured in almost any situation no matter how a rule is 
written. The result has been to have more and more lawsuits.
  As a consequence, the insurance premiums of these organizations have 
risen dramatically over the past several years. In his testimony before 
the House Judiciary Committee this past July, Robert Kanaby the 
Executive Director of the National Federation of State High School 
Associations testified that: ``Over the last three years, the annual 
liability insurance premiums for the National High School Federation 
have increased three-fold to about $1,000,000. We have been advised by 
experts that given our claims experience and the reluctance of insurers 
to offer such coverage to an organization `serving 7,000,000 potential 
claimants,' the premiums will likely increase significantly in years to 
come. Since we operate on a total budget of about $9,000,000, such an 
increase would be, to put it mildly, problematical.'' The costs have 
increased to the point where it is possible that these organizations 
will cease from providing age appropriate rules and the safety of youth 
sports will decline.
  Because of this problem, I am introducing today the Nonprofit 
Athletic Organization Protection Act of 2004. This legislation will 
eliminate lawsuits based on claims that a non-profit rulemaking body is 
liable for the physical injury when the rule was made by a properly 
licensed rulemaking body that has acted within the scope of its 
authority. Lawsuits may be maintained if the rule maker was grossly 
negligent or engaged in criminal or reckless misconduct. This 
reasonable legislation will help sports rule makers to do their job. If 
we do not pass this legislation, it is likely that rule makers will 
eventually close their doors since they will be unable to afford the 
insurance needed to provide a safe sporting environment.

  No one who has participated in the debate surrounding this problem 
has disagreed that the current lawsuit culture needs reform. Instead, 
two concerns have arisen regarding the scope of the legislative remedy: 
first, that the remedy was overly broad preventing law suits against 
rule makers on other issues; second, that this legislation would 
prevent lawsuits against rule makers who are negligent.
  To remedy these concerns, the legislation introduced today contains a 
provision that explicitly says that lawsuits involving ``antitrust, 
labor, environmental, defamation, tortuous interference of contract law 
or civil rights law, or any other federal, state, or local law 
providing protection from discrimination'' are not barred by this bill.
  The additional provision would also provide no legal immunity from 
lawsuit if the rule maker has authority to determine coach eligibility. 
Additionally, the PROTECT Act passed last year, we authorized a pilot 
program that enabled the National Center for Missing and Exploited 
Children to do background checks on coaches who participate in certain 
programs. This program has been successful, weeding out many who would 
potentially harm our children. So much so that last Friday, by 
unanimous consent, Senators Hatch and Biden shepherded through an 
extension of this program for an additional 18 months with an aim of 
eventually making this program permanent.
  As my colleagues know, I am a runner. I enjoy the activity and the 
positive effect that running and athletics have played in my life. I 
would hope

[[Page S10577]]

that my nine grandchildren will be able to have an opportunity to 
participate in organized sports and that lawsuits against rule makers 
for allegedly faulty rules will not prevent these organizations from 
functioning properly. I encourage my colleagues to support passage of 
this legislation.
                                 ______