IB 

Union Calendar No. 66

108TH CONGRESS 

1ST SESSION H. R. 361

[Report No. 108–24, Parts I and II] 

To designate certain conduct by sports agents relating to the signing of 

contracts with student athletes as unfair and deceptive acts or practices 

to be regulated by the Federal Trade Commission. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 27, 2003

Mr. GORDON (for himself, Mr. OSBORNE, Mr. DINGELL, Mr. BROWN of Ohio, 

Mr. LUCAS of Kentucky, Mr. SERRANO, Ms. NORTON, Mr. SIMMONS, Mr. 

DUNCAN, Mr. HAYES, Mr. WAMP, Mr. TOWNS, Mr. WILSON of South 

Carolina, Mr. MATHESON, Mr. ENGEL, Mr. RAMSTAD, Mr. RUSH, Ms. 

MCCARTHY of Missouri, Mr. LEACH, Mr. SHIMKUS, Mr. DEUTSCH, Mr. 

STEARNS, Mr. DOYLE, Mr. BURR, Mrs. CAPPS, Mr. PICKERING, and Mr. 

UPTON) introduced the following bill; which was referred to the Committee on Energy and Commerce 

MARCH 5, 2003

Reported and referred to the Committee on the Judiciary for a period ending 

not later than June 1, 2003, for consideration of such provisions of the 

bill as fall within the jurisdiction of that committee pursuant to clause 

1(k), rule X 

MAY 20, 2003

Referral to the Committee on the Judiciary extended for a period ending not 

later than June 2, 2003

JUNE 2, 2003

Additional sponsors: Mr. TERRY, Mr. BEREUTER, Mr. WOLF, Mr. BOUCHER, 

Mr. DEMINT, Mr. BOSWELL, Ms. CARSON of Indiana, Mr. ETHERIDGE, 

Mr. HEFLEY, Mr. MILLER of Florida, Mr. BAIRD, Mr. SOUDER, Mr. 

UDALL of Colorado, Ms. SOLIS, Mr. GRIJALVA, Mr. PETERSON of Minnesota, Mr. STENHOLM, Mr. JOHN, Mr. FORD, Mr. ROYCE, Mr. TANNER, 

Mr. DAVIS of Florida, Mr. KIND, Mr. HAYWORTH, Mr. BACHUS, Mr. 

KELLER, Mr. PLATTS, Mrs. BIGGERT, Mr. DAVIS of Tennessee, Mrs. 
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KELLY, Mr. KIRK, Ms. HART, Mr. PENCE, Mr. FLETCHER, Mr. MEEHAN, Mr. BERMAN, Mr. WATT, Mr. LIPINSKI, Mr. CHOCOLA, Mrs. EMERSON, Mr. GREEN of Wisconsin, Mr. LAHOOD, Mr. MORAN of Kansas, Mr. 

SHUSTER, Mr. TIAHRT, Mr. WALSH, Ms. WATSON, Ms. LEE, Mr. BARRETT of South Carolina, and Mr. CONYERS

JUNE 2, 2003

Reported from the Committee on the Judiciary with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL

To designate certain conduct by sports agents relating to 

the signing of contracts with student athletes as unfair 

and deceptive acts or practices to be regulated by the 

Federal Trade Commission.

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 ‘‘Sports Agent Respon5 sibility and Trust Act’’. 

6 SEC. 2. DEFINITIONS. 

7 As used in this Act, the following definitions apply: 

8 (1) AGENCY CONTRACT.—The term ‘‘agency 

9 contract’’ means an oral or written agreement in 

10 which a student athlete authorizes a person to nego11 tiate or solicit on behalf of the student athlete a pro12 fessional sports contract or an endorsement contract. 
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1 (2) ATHLETE AGENT.—The term ‘‘athlete 

2 agent’’ means an individual who enters into an agen3 cy contract with a student athlete, or directly or in4 directly recruits or solicits a student athlete to enter 

5 into an agency contract, and does not include a 

6 spouse, parent, sibling, grandparent, or guardian of 

7 such student athlete, or an individual acting solely 

8 on behalf of a professional sports team or profes9 sional sports organization. 

10 (3) ATHLETIC DIRECTOR.—The term ‘‘athletic 

11 director’’ means an individual responsible for admin12 istering the athletic program of an educational insti13 tution or, in the case that such program is adminis14 tered separately, the athletic program for male stu15 dents or the athletic program for female students, as 

16 appropriate. 

17 (4) COMMISSION.—The term ‘‘Commission’’ 

18 means the Federal Trade Commission. 

19 (5) ENDORSEMENT CONTRACT.—The term ‘‘en20 dorsement contract’’ means an agreement under 

21 which a student athlete is employed or receives con22 sideration for the use by the other party of that in23 dividual’s person, name, image, or likeness in the 

24 promotion of any product, service, or event. 
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1 (6) INTERCOLLEGIATE SPORT.—The term 

2 ‘‘intercollegiate sport’’ means a sport played at the 

3 collegiate level for which eligibility requirements for 

4 participation by a student athlete are established by 

5 a national association for the promotion or regula6 tion of college athletics. 

7 (7) PROFESSIONAL SPORTS CONTRACT.—The 

8 term ‘‘professional sports contract’’ means an agree9 ment under which an individual is employed, or 

10 agrees to render services, as a player on a profes11 sional sports team, with a professional sports organi12 zation, or as a professional athlete. 

13 (8) STATE.—The term ‘‘State’’ includes a State 

14 of the United States, the District of Columbia, Puer15 to Rico, the United States Virgin Islands, or any 

16 territory or insular possession subject to the jurisdic17 tion of the United States. 

18 (9) STUDENT ATHLETE.—The term ‘‘student 

19 athlete’’ means an individual who engages in, is eli20 gible to engage in, or may be eligible in the future 

21 to engage in, any intercollegiate sport. An individual 

22 who is permanently ineligible to participate in a par23 ticular intercollegiate sport is not a student athlete 

24 for purposes of that sport. 
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1 SEC. 3. REGULATION OF UNFAIR AND DECEPTIVE ACTS 

2 AND PRACTICES IN CONNECTION WITH THE 

3 CONTACT BETWEEN AN ATHLETE AGENT AND 

4 A STUDENT ATHLETE. 

5 (a) CONDUCT PROHIBITED.—It is unlawful for an 

6 athlete agent to—

7 (1) directly or indirectly recruit or solicit a stu8 dent athlete to enter into an agency contract, by—

9 (A) giving any false or misleading informa10 tion or making a false promise or representa11 tion; or 

12 (B) providing anything of value to a stu13 dent athlete or anyone associated with the stu14 dent athlete before the student athlete enters 

15 into an agency contract; 

16 (2) enter into an agency contract with a stu17 dent athlete without providing the student athlete 

18 with the disclosure document described in subsection 

19 (b); or 

20 (3) predate or postdate an agency contract. 

21 (b) REQUIRED DISCLOSURE BY ATHLETE AGENTS

22 TO STUDENT ATHLETES.—

23 (1) IN GENERAL.—In conjunction with the en24 tering into of an agency contract, an athlete agent 

25 shall provide to the student athlete, or, if the stu26 dent athlete is under the age of 18, to such student 
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1 athlete’s parent or legal guardian, a disclosure docu2 ment that meets the requirements of this subsection. 

3 Such disclosure document is separate from and in 

4 addition to any disclosure which may be required 

5 under State law. 

6 (2) SIGNATURE OF STUDENT ATHLETE.—The 

7 disclosure document must be signed by the student 

8 athlete, or, if the student athlete is under the age of 

9 18, by such student athlete’s parent or legal guard10 ian, prior to entering into the agency contract. 

11 (3) REQUIRED LANGUAGE.—The disclosure doc12 ument must contain, in close proximity to the signa13 ture of the student athlete, or, if the student athlete 

14 is under the age of 18, the signature of such student 

15 athlete’s parent or legal guardian, a conspicuous no16 tice in boldface type stating: ‘‘Warning to Student 

17 Athlete: If you agree orally or in writing to be rep18 resented by an agent now or in the future you may 

19 lose your eligibility to compete as a student athlete 

20 in your sport. Within 72 hours after entering into 

21 this contract or before the next athletic event in 

22 which you are eligible to participate, whichever oc23 curs first, both you and the agent by whom you are 

24 agreeing to be represented must notify the athletic 

25 director of the educational institution at which you 
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1 are enrolled, or other individual responsible for ath2 letic programs at such educational institution, that 

3 you have entered into an agency contract.’’. 

4 SEC. 4. ENFORCEMENT. 

5 (a) UNFAIR OR DECEPTIVE ACT OR PRACTICE.—A 

6 violation of this Act shall be treated as a violation of a 

7 rule defining an unfair or deceptive act or practice pre8 scribed under section 18(a)(1)(B) of the Federal Trade 

9 Commission Act (15 U.S.C. 57a(a)(1)(B)). 

10 (b) ACTIONS BY THE COMMISSION.—The Commis11 sion shall enforce this Act in the same manner, by the 

12 same means, and with the same jurisdiction, powers, and 

13 duties as though all applicable terms and provisions of the 

14 Federal Trade Commission Act (15 U.S.C. 41 et seq.) 

15 were incorporated into and made a part of this Act. 

16 SEC. 5. ACTIONS BY STATES. 

17 (a) IN GENERAL.—

18 (1) CIVIL ACTIONS.—In any case in which the 

19 attorney general of a State has reason to believe 

20 that an interest of the residents of that State has 

21 been or is threatened or adversely affected by the 

22 engagement of any athlete agent in a practice that 

23 violates section 3 of this Act, the State may bring 

24 a civil action on behalf of the residents of the State 
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1 in a district court of the United States of appro2 priate jurisdiction to—

3 (A) enjoin that practice; 

4 (B) enforce compliance with this Act; 

5 (C) obtain damage, restitution, or other 

6 compensation on behalf of residents of the 

7 State; or 

8 (D) obtain such other relief as the court 

9 may consider to be appropriate. 

10 (2) NOTICE.—

11 (A) IN GENERAL.—Before filing an action 

12 under paragraph (1), the attorney general of 

13 the State involved shall provide to the Commis14 sion—

15 (i) written notice of that action; and 

16 (ii) a copy of the complaint for that 

17 action. 

18 (B) EXEMPTION.—Subparagraph (A) shall 

19 not apply with respect to the filing of an action 

20 by an attorney general of a State under this 

21 subsection, if the attorney general determines 

22 that it is not feasible to provide the notice de23 scribed in that subparagraph before filing of the 

24 action. In such case, the attorney general of a 

25 State shall provide notice and a copy of the 
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1 complaint to the Commission at the same time 

2 as the attorney general files the action. 

3 (b) INTERVENTION.—

4 (1) IN GENERAL.—On receiving notice under 

5 subsection (a)(2), the Commission shall have the 

6 right to intervene in the action that is the subject 

7 of the notice. 

8 (2) EFFECT OF INTERVENTION.—If the Com9 mission intervenes in an action under subsection (a), 

10 it shall have the right—

11 (A) to be heard with respect to any matter 

12 that arises in that action; and 

13 (B) to file a petition for appeal. 

14 (c) CONSTRUCTION.—For purposes of bringing any 

15 civil action under subsection (a), nothing in this title shall 

16 be construed to prevent an attorney general of a State 

17 from exercising the powers conferred on the attorney gen18 eral by the laws of that State to—

19 (1) conduct investigations; 

20 (2) administer oaths or affirmations; or 

21 (3) compel the attendance of witnesses or the 

22 production of documentary and other evidence. 

23 (d) ACTIONS BY THE COMMISSION.—In any case in 

24 which an action is instituted by or on behalf of the Com25 mission for a violation of section 3, no State may, during 
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1 the pendency of that action, institute an action under sub2 section (a) against any defendant named in the complaint 

3 in that action. 

4 (e) VENUE.—Any action brought under subsection 

5 (a) may be brought in the district court of the United 

6 States that meets applicable requirements relating to 

7 venue under section 1391 of title 28, United States Code. 

8 (f) SERVICE OF PROCESS.—In an action brought 

9 under subsection (a), process may be served in any district 

10 in which the defendant—

11 (1) is an inhabitant; or 

12 (2) may be found. 

13 SEC. 6. PROTECTION OF EDUCATIONAL INSTITUTION. 

14 (a) NOTICE REQUIRED.—Within 72 hours after en15 tering into an agency contract or before the next athletic 

16 event in which the student athlete may participate, which17 ever occurs first, the athlete agent and the student athlete 

18 shall each inform the athletic director of the educational 

19 institution at which the student athlete is enrolled, or 

20 other individual responsible for athletic programs at such 

21 educational institution, that the student athlete has en22 tered into an agency contract, and the athlete agent shall 

23 provide the athletic director with notice in writing of such 

24 a contract. 

25 (b) CIVIL REMEDY.—
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1 (1) IN GENERAL.—An educational institution 

2 has a right of action against an athlete agent for 

3 damages caused by a violation of this Act. 

4 (2) DAMAGES.—Damages of an educational in5 stitution may include losses and expenses incurred 

6 because, as a result of the conduct of the athlete 

7 agent, the educational institution was injured by a 

8 violation of this Act or was penalized, disqualified, 

9 or suspended from participation in athletics by a na10 tional association for the promotion and regulation 

11 of athletics, by an athletic conference, or by reason12 able self-imposed disciplinary action taken to miti13 gate actions likely to be imposed by such an associa14 tion or conference. 

15 (3) COSTS AND ATTORNEYS FEES.—In an ac16 tion taken under this section, the court may award 

17 to the prevailing party costs and reasonable attor18 neys fees. 

19 (4) EFFECT ON OTHER RIGHTS, REMEDIES AND

20 DEFENSES.—This section does not restrict the 

21 rights, remedies, or defenses of any person under 

22 law or equity. 

23 SEC. 7. SENSE OF CONGRESS. 

24 It is the sense of Congress that States should enact 

25 the Uniform Athlete Agents Act of 2000 drafted by the 
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1 National Conference of Commissioners on Uniform State 

2 Laws, to protect student athletes and the integrity of ama3 teur sports from unscrupulous sports agents. In par4 ticular, it is the sense of Congress that States should enact 

5 the provisions relating to the registration of sports agents, 

6 the required form of contract, the right of the student ath7 lete to cancel an agency contract, the disclosure require8 ments relating to record maintenance, reporting, renewal, 

9 notice, warning, and security, and the provisions for reci10 procity among the States.

11 SECTION 1. SHORT TITLE. 

12 This Act may be cited as the ‘‘Sports Agent Responsi13 bility and Trust Act’’. 

14 SEC. 2. DEFINITIONS. 

15 As used in this Act, the following definitions apply: 

16 (1) AGENCY CONTRACT.—The term ‘‘agency con17 tract’’ means an oral or written agreement in which 

18 a student athlete authorizes a person to negotiate or 

19 solicit on behalf of the student athlete a professional 

20 sports contract or an endorsement contract. 

21 (2) ATHLETE AGENT.—The term ‘‘athlete agent’’ 

22 means an individual who enters into an agency con23 tract with a student athlete, or directly or indirectly 

24 recruits or solicits a student athlete to enter into an 

25 agency contract, and does not include a spouse, par-
13

•HR 361 RH 

1 ent, sibling, grandparent, or guardian of such student 

2 athlete, any legal counsel for purposes other than that 

3 of representative agency, or an individual acting sole4 ly on behalf of a professional sports team or profes5 sional sports organization. 

6 (3) ATHLETIC DIRECTOR.—The term ‘‘athletic 

7 director’’ means an individual responsible for admin8 istering the athletic program of an educational insti9 tution or, in the case that such program is adminis10 tered separately, the athletic program for male stu11 dents or the athletic program for female students, as 

12 appropriate. 

13 (4) COMMISSION.—The term ‘‘Commission’’ 

14 means the Federal Trade Commission. 

15 (5) ENDORSEMENT CONTRACT.—The term ‘‘en16 dorsement contract’’ means an agreement under 

17 which a student athlete is employed or receives con18 sideration for the use by the other party of that indi19 vidual’s person, name, image, or likeness in the pro20 motion of any product, service, or event. 

21 (6) INTERCOLLEGIATE SPORT.—The term ‘‘inter22 collegiate sport’’ means a sport played at the colle23 giate level for which eligibility requirements for par24 ticipation by a student athlete are established by a 
14

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1 national association for the promotion or regulation 

2 of college athletics. 

3 (7) PROFESSIONAL SPORTS CONTRACT.—The 

4 term ‘‘professional sports contract’’ means an agree5 ment under which an individual is employed, or 

6 agrees to render services, as a player on a profes7 sional sports team, with a professional sports organi8 zation, or as a professional athlete. 

9 (8) STATE.—The term ‘‘State’’ includes a State 

10 of the United States, the District of Columbia, Puerto 

11 Rico, the United States Virgin Islands, or any terri12 tory or insular possession subject to the jurisdiction 

13 of the United States. 

14 (9) STUDENT ATHLETE.—The term ‘‘student ath15 lete’’ means an individual who engages in, is eligible 

16 to engage in, or may be eligible in the future to en17 gage in, any intercollegiate sport. An individual who 

18 is permanently ineligible to participate in a par19 ticular intercollegiate sport is not a student athlete 

20 for purposes of that sport. 
15

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1 SEC. 3. REGULATION OF UNFAIR AND DECEPTIVE ACTS AND 

2 PRACTICES IN CONNECTION WITH THE CON3 TACT BETWEEN AN ATHLETE AGENT AND A 

4 STUDENT ATHLETE. 

5 (a) CONDUCT PROHIBITED.—It is unlawful for an ath6 lete agent to—

7 (1) directly or indirectly recruit or solicit a stu8 dent athlete to enter into an agency contract, by—

9 (A) giving any false or misleading informa10 tion or making a false promise or representation; 

11 or 

12 (B) providing anything of value to a stu13 dent athlete or anyone associated with the stu14 dent athlete before the student athlete enters into 

15 an agency contract, including any consideration 

16 in the form of a loan, or acting in the capacity 

17 of a guarantor or co-guarantor for any debt; 

18 (2) enter into an agency contract with a student 

19 athlete without providing the student athlete with the 

20 disclosure document described in subsection (b); or 

21 (3) predate or postdate an agency contract. 

22 (b) REQUIRED DISCLOSURE BY ATHLETE AGENTS TO

23 STUDENT ATHLETES.—

24 (1) IN GENERAL.—In conjunction with the enter25 ing into of an agency contract, an athlete agent shall 

26 provide to the student athlete, or, if the student athlete 
16

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1 is under the age of 18, to such student athlete’s parent 

2 or legal guardian, a disclosure document that meets 

3 the requirements of this subsection. Such disclosure 

4 document is separate from and in addition to any 

5 disclosure which may be required under State law. 

6 (2) SIGNATURE OF STUDENT ATHLETE.—The 

7 disclosure document must be signed by the student 

8 athlete, or, if the student athlete is under the age of 

9 18, by such student athlete’s parent or legal guardian, 

10 prior to entering into the agency contract. 

11 (3) REQUIRED LANGUAGE.—The disclosure docu12 ment must contain, in close proximity to the signa13 ture of the student athlete, or, if the student athlete 

14 is under the age of 18, the signature of such student 

15 athlete’s parent or legal guardian, a conspicuous no16 tice in boldface type stating: ‘‘Warning to Student 

17 Athlete: If you agree orally or in writing to be rep18 resented by an agent now or in the future you may 

19 lose your eligibility to compete as a student athlete in 

20 your sport. Within 72 hours after entering into this 

21 contract or before the next athletic event in which you 

22 are eligible to participate, whichever occurs first, both 

23 you and the agent by whom you are agreeing to be 

24 represented must notify the athletic director of the 

25 educational institution at which you are enrolled, or 
17

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1 other individual responsible for athletic programs at 

2 such educational institution, that you have entered 

3 into an agency contract.’’.

4 SEC. 4. ENFORCEMENT. 

5 (a) UNFAIR OR DECEPTIVE ACT OR PRACTICE.—A vio6 lation of this Act shall be treated as a violation of a rule 

7 defining an unfair or deceptive act or practice prescribed 

8 under section 18(a)(1)(B) of the Federal Trade Commission 

9 Act (15 U.S.C. 57a(a)(1)(B)). 

10 (b) ACTIONS BY THE COMMISSION.—The Commission 

11 shall enforce this Act in the same manner, by the same 

12 means, and with the same jurisdiction, powers, and duties 

13 as though all applicable terms and provisions of the Federal 

14 Trade Commission Act (15 U.S.C. 41 et seq.) were incor15 porated into and made a part of this Act. 

16 SEC. 5. ACTIONS BY STATES. 

17 (a) IN GENERAL.—

18 (1) CIVIL ACTIONS.—In any case in which the 

19 attorney general of a State has reason to believe that 

20 an interest of the residents of that State has been or 

21 is threatened or adversely affected by the engagement 

22 of any athlete agent in a practice that violates section 

23 3 of this Act, the State may bring a civil action on 

24 behalf of the residents of the State in a district court 

25 of the United States of appropriate jurisdiction to—
18

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1 (A) enjoin that practice; 

2 (B) enforce compliance with this Act; or 

3 (C) obtain damage, restitution, or other 

4 compensation on behalf of residents of the State. 

5 (2) NOTICE.—

6 (A) IN GENERAL.—Before filing an action 

7 under paragraph (1), the attorney general of the 

8 State involved shall provide to the Commis9 sion—

10 (i) written notice of that action; and 

11 (ii) a copy of the complaint for that 

12 action. 

13 (B) EXEMPTION.—Subparagraph (A) shall 

14 not apply with respect to the filing of an action 

15 by an attorney general of a State under this sub16 section, if the attorney general determines that it 

17 is not feasible to provide the notice described in 

18 that subparagraph before filing of the action. In 

19 such case, the attorney general of a State shall 

20 provide notice and a copy of the complaint to the 

21 Commission at the same time as the attorney 

22 general files the action. 

23 (b) INTERVENTION.—

24 (1) IN GENERAL.—On receiving notice under 

25 subsection (a)(2), the Commission shall have the right 
19

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1 to intervene in the action that is the subject of the no2 tice. 

3 (2) EFFECT OF INTERVENTION.—If the Commis4 sion intervenes in an action under subsection (a), it 

5 shall have the right—

6 (A) to be heard with respect to any matter 

7 that arises in that action; and 

8 (B) to file a petition for appeal. 

9 (c) CONSTRUCTION.—For purposes of bringing any 

10 civil action under subsection (a), nothing in this title shall 

11 be construed to prevent an attorney general of a State from 

12 exercising the powers conferred on the attorney general by 

13 the laws of that State to—

14 (1) conduct investigations; 

15 (2) administer oaths or affirmations; or 

16 (3) compel the attendance of witnesses or the 

17 production of documentary and other evidence. 

18 (d) ACTIONS BY THE COMMISSION.—In any case in 

19 which an action is instituted by or on behalf of the Commis20 sion for a violation of section 3, no State may, during the 

21 pendency of that action, institute an action under sub22 section (a) against any defendant named in the complaint 

23 in that action. 

24 (e) VENUE.—Any action brought under subsection (a) 

25 may be brought in the district court of the United States 
20

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1 that meets applicable requirements relating to venue under 

2 section 1391 of title 28, United States Code. 

3 (f) SERVICE OF PROCESS.—In an action brought 

4 under subsection (a), process may be served in any district 

5 in which the defendant—

6 (1) is an inhabitant; or 

7 (2) may be found. 

8 SEC. 6. PROTECTION OF EDUCATIONAL INSTITUTION. 

9 (a) NOTICE REQUIRED.—Within 72 hours after enter10 ing into an agency contract or before the next athletic event 

11 in which the student athlete may participate, whichever oc12 curs first, the athlete agent and the student athlete shall 

13 each inform the athletic director of the educational institu14 tion at which the student athlete is enrolled, or other indi15 vidual responsible for athletic programs at such educational 

16 institution, that the student athlete has entered into an 

17 agency contract, and the athlete agent shall provide the ath18 letic director with notice in writing of such a contract. 

19 (b) CIVIL REMEDY.—

20 (1) IN GENERAL.—An educational institution 

21 has a right of action against an athlete agent for 

22 damages caused by a violation of this Act. 

23 (2) DAMAGES.—Damages of an educational in24 stitution may include and are limited to actual losses 

25 and expenses incurred because, as a result of the con-
21

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1 duct of the athlete agent, the educational institution 

2 was injured by a violation of this Act or was penal3 ized, disqualified, or suspended from participation in 

4 athletics by a national association for the promotion 

5 and regulation of athletics, by an athletic conference, 

6 or by reasonable self-imposed disciplinary action 

7 taken to mitigate actions likely to be imposed by such 

8 an association or conference. 

9 (3) COSTS AND ATTORNEYS FEES.—In an action 

10 taken under this section, the court may award to the 

11 prevailing party costs and reasonable attorneys fees. 

12 (4) EFFECT ON OTHER RIGHTS, REMEDIES AND

13 DEFENSES.—This section does not restrict the rights, 

14 remedies, or defenses of any person under law or eq15 uity. 

16 SEC. 7. LIMITATION. 

17 Nothing in this Act shall be construed to prohibit an 

18 individual from seeking any remedies available under exist19 ing Federal or State law or equity. 

20 SEC. 8. SENSE OF CONGRESS. 

21 It is the sense of Congress that States should enact the 

22 Uniform Athlete Agents Act of 2000 drafted by the National 

23 Conference of Commissioners on Uniform State Laws, to 

24 protect student athletes and the integrity of amateur sports 

25 from unscrupulous sports agents. In particular, it is the 
22

•HR 361 RH 

1 sense of Congress that States should enact the provisions 

2 relating to the registration of sports agents, the required 

3 form of contract, the right of the student athlete to cancel 

4 an agency contract, the disclosure requirements relating to 

5 record maintenance, reporting, renewal, notice, warning, 

6 and security, and the provisions for reciprocity among the 

7 States.

Union Calendar No. 66

108TH CONGRESS 

1ST SESSION H. R. 361

[Report No. 108–24, Parts I and II] 

A BILL

To designate certain conduct by sports agents relating to the signing of contracts with student athletes as unfair and deceptive acts or practices to 

be regulated by the Federal Trade Commission. 

JUNE 2, 2003

Reported from the Committee on the Judiciary with an 

amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed