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(1) the term ‘‘Commission’’ means the Federal
Trade Commission;
(2) the term ‘‘agent’’ means an individual who
enters into an agency contract with a student ath-
lete, or directly or indirectly recruits or solicits a
student athlete to enter into a contract, and does
not include a spouse, parent, sibling, grandparent, or
guardian of such student athlete, or an individual
acting solely on behalf of a professional sports team
or professional sports organization;
(3) the term ‘‘student athlete’’ means an indi-
vidual who engages in, is eligible to engage in, or
may be eligible in the future to engage in, any inter-
collegiate sport;
(4) the term ‘‘intercollegiate sport’’ means a
sport played at the collegiate level for which eligi-
bility requirements for participation by a student
athlete are established by a national association for
the promotion or regulation of college athletics;
(5) the term ‘‘athletic director’’ means an indi-
vidual responsible for administering the athletic pro-
gram of an educational institution or, in the case
that such program is administered separately, the
athletic program for male students or the athletic
program for female students, as appropriate;
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(6) the term ‘‘agency contract’’ means an
agreement in which a student athlete authorizes an
agent to negotiate or solicit on behalf of the student
athlete a professional sports contract or an endorse-
ment contract;
(7) the term ‘‘endorsement contract’’ means an
agreement under which an individual is employed or
receives consideration for the use by the other party
of that individual’s person, name, image, or likeness
in the promotion of any product, service, or event;
(8) the term ‘‘professional sports contract’’
means an agreement under which an individual is
employed, or agrees to render services, as a player
on a professional sports team, with a professional
sports organization, or as a professional athlete; and
(9) the term ‘‘State’’ means a State of the
United States, the District of Columbia, Puerto
Rico, the United States Virgin Islands, or any terri-
tory or insular possession subject to the jurisdiction
of the United States.
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SEC. 3. REGULATION OF UNFAIR AND DECEPTIVE ACTS
AND PRACTICES IN CONNECTION WITH THE
CONTACT BETWEEN A SPORTS AGENT AND A
STUDENT ATHLETE.
(a) CONDUCT PROHIBITED.—It is unlawful for an
agent to—
(1) directly or indirectly recruit or solicit a stu-
dent athlete to enter into an agency contract, by—
(A) giving any false or misleading informa-
tion or making a false promise or representa-
tion; or
(B) providing anything of value to a stu-
dent athlete before the student athlete enters
into an agency contract;
(2) enter into an agency contract with a stu-
dent athlete without providing the student athlete
with the disclosure document described in subsection
(b); or
(3) predate or postdate an agency contract.
(b) REQUIRED DISCLOSURE BY AGENTS TO STU-
DENT ATHLETES.—
(1) IN
GENERAL.— In conjunction with the
signing of an agency contract, an agent shall provide
to the student athlete a disclosure document that
meets the requirements of this subsection. Such dis-
closure document is separate from and in addition to
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any disclosure which may be required under State
law.
(2) SIGNATURE OF STUDENT ATHLETE.—The
disclosure document must be signed by the student
athlete prior to the signing of the agency contract.
(3) REQUIRED LANGUAGE.—The disclosure doc-
ument must contain, in close proximity to the signa-
ture of the student athlete, a conspicuous notice in
boldface type in capital letters stating: ‘‘WARNING
TO STUDENT ATHLETE: IF YOU SIGN THIS
CONTRACT YOU MAY LOSE YOUR ELIGI-
BILITY TO COMPETE AS A STUDENT ATH-
LETE IN YOUR SPORT.’’.
SEC. 4. ENFORCEMENT.
(a) UNFAIR OR DECEPTIVE ACT OR PRACTICE.—A
violation of this Act shall be treated as a violation of a
rule defining an unfair or deceptive act or practice pre-
scribed under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)).
(b) ACTIONS BY THE COMMISSION.—The Commis-
sion shall enforce this Act in the same manner, by the
same means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of the
Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this Act.
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SEC. 5. ACTIONS BY STATES.
(a) IN GENERAL.—
(1) CIVIL ACTIONS.—In any case in which the
attorney general of a State has reason to believe
that an interest of the residents of that State has
been or is threatened or adversely affected by the
engagement of any person in a practice that violates
section 3 of this Act, the State may bring a civil ac-
tion on behalf of the residents of the State in a dis-
trict court of the United States of appropriate juris-
diction to—
(A) enjoin that practice;
(B) enforce compliance with this Act;
(C) obtain damage, restitution, or other
compensation on behalf of residents of the
State; or
(D) obtain such other relief as the court
may consider to be appropriate.
(2) NOTICE.—
(A) IN GENERAL.—Before filing an action
under paragraph (1), the attorney general of
the State involved shall provide to the
Commission—
(i) written notice of that action; and
(ii) a copy of the complaint for that
action.
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(B) EXEMPTION.—Subparagraph (A) shall
not apply with respect to the filing of an action
by an attorney general of a State under this
subsection, if the attorney general determines
that it is not feasible to provide the notice de-
scribed in that subparagraph before filing of the
action. In such case, the attorney general of a
State shall provide notice and a copy of the
complaint to the Commission at the same time
as the attorney general files the action.
(b) INTERVENTION.—
(1) IN GENERAL.—On receiving notice under
subsection (a)(2), the Commission shall have the
right to intervene in the action that is the subject
of the notice.
(2) EFFECT OF INTERVENTION.—If the Com-
mission intervenes in an action under subsection (a),
it shall have the right—
(A) to be heard with respect to any matter
that arises in that action; and
(B) to file a petition for appeal.
(c) CONSTRUCTION.—For purposes of bringing any
civil action under subsection (a), nothing in this title shall
be construed to prevent an attorney general of a State