108TH CONGRESS
1ST SESSION
H. R. 361
AN ACT
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.
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 ‘‘Sports Agent Respon-
sibility and Trust Act’’.
SEC. 2. DEFINITIONS.
As used in this Act, the following definitions apply:
(1) AGENCY
CONTRACT.—The term ‘‘agency
contract’’ means an oral or written agreement in
which a student athlete authorizes a person to nego-
tiate or solicit on behalf of the student athlete a pro-
fessional sports contract or an endorsement contract.
(2) ATHLETE
AGENT.—The term ‘‘athlete
agent’’ means an individual who enters into an agen-
cy contract with a student athlete, or directly or in-
directly recruits or solicits a student athlete to enter
into an agency contract, and does not include a
spouse, parent, sibling, grandparent, or guardian of
such student athlete, any legal counsel for purposes
other than that of representative agency, or an indi-
vidual acting solely on behalf of a professional sports
team or professional sports organization.
(3) ATHLETIC DIRECTOR.—The term ‘‘athletic
director’’ means an individual responsible for admin-
istering the athletic program of an educational insti-
tution or, in the case that such program is adminis-
tered separately, the athletic program for male stu-
dents or the athletic program for female students, as
appropriate.
(4) COMMISSION.—The term ‘‘Commission’’
means the Federal Trade Commission.
(5) ENDORSEMENT CONTRACT.—The term ‘‘en-
dorsement contract’’ means an agreement under
which a student athlete is employed or receives con-
sideration for the use by the other party of that in-
dividual’s person, name, image, or likeness in the
promotion of any product, service, or event.
(6) 
INTERCOLLEGIATE
SPORT.—The 
term
‘‘intercollegiate sport’’ means a sport played at the
collegiate level for which eligibility requirements for
participation by a student athlete are established by
a national association for the promotion or regula-
tion of college athletics.
(7) PROFESSIONAL
SPORTS
CONTRACT.—The
term ‘‘professional sports contract’’ means an agree-
ment under which an individual is employed, or
agrees to render services, as a player on a profes-
sional sports team, with a professional sports organi-
zation, or as a professional athlete.
(8) STATE.—The term ‘‘State’’ includes a State
of the United States, the District of Columbia, Puer-
to Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdic-
tion of the United States.
(9) STUDENT
ATHLETE.—The term ‘‘student
athlete’’ means an individual who engages in, is eli-
gible to engage in, or may be eligible in the future
to engage in, any intercollegiate sport. An individual
who is permanently ineligible to participate in a par-
ticular intercollegiate sport is not a student athlete
for purposes of that sport.
SEC. 3. REGULATION OF UNFAIR AND DECEPTIVE ACTS
AND PRACTICES IN CONNECTION WITH THE
CONTACT BETWEEN AN ATHLETE AGENT AND
A STUDENT ATHLETE.
(a) CONDUCT PROHIBITED.—It is unlawful for an
athlete 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 or anyone associated with the stu-
dent athlete before the student athlete enters
into an agency contract, including any consider-
ation in the form of a loan, or acting in the ca-
pacity of a guarantor or co-guarantor for any
debt;
(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 ATHLETE AGENTS
TO STUDENT ATHLETES.—
(1) IN GENERAL.—In conjunction with the en-
tering into of an agency contract, an athlete agent
shall provide to the student athlete, or, if the stu-
dent athlete is under the age of 18, to such student
athlete’s parent or legal guardian, a disclosure docu-
ment that meets the requirements of this subsection.
Such disclosure document is separate from and in
addition to any disclosure which may be required
under State law.
(2) SIGNATURE OF STUDENT ATHLETE.—The
disclosure document must be signed by the student
athlete, or, if the student athlete is under the age of
18, by such student athlete’s parent or legal guard-
ian, prior to entering into the agency contract.
(3) REQUIRED LANGUAGE.—The disclosure doc-
ument must contain, in close proximity to the signa-
ture of the student athlete, or, if the student athlete
is under the age of 18, the signature of such student
athlete’s parent or legal guardian, a conspicuous no-
tice in boldface type stating: ‘‘Warning to Student
Athlete: If you agree orally or in writing to be rep-
resented by an agent now or in the future you may
lose your eligibility to compete as a student athlete
in your sport. Within 72 hours after entering into
this contract or before the next athletic event in
which you are eligible to participate, whichever oc-
curs first, both you and the agent by whom you are
agreeing to be represented must notify the athletic
director of the educational institution at which you
are enrolled, or other individual responsible for ath-
letic programs at such educational institution, that
you have entered into an agency contract.’’.
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.
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 athlete agent in a practice that
violates section 3 of this Act, the State may bring
a civil action on behalf of the residents of the State
in a district court of the United States of appro-
priate jurisdiction to—
(A) enjoin that practice;
(B) enforce compliance with this Act; or
(C) obtain damage, restitution, or other
compensation on behalf of residents of the
State.
(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.
(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
from exercising the powers conferred on the attorney gen-
eral by the laws of that State to—
(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the
production of documentary and other evidence.
(d) ACTIONS BY THE COMMISSION.—In any case in
which an action is instituted by or on behalf of the Com-
mission for a violation of section 3, no State may, during
the pendency of that action, institute an action under sub-
section (a) against any defendant named in the complaint
in that action.
(e) VENUE.—Any action brought under subsection
(a) may be brought in the district court of the United
States that meets applicable requirements relating to
venue under section 1391 of title 28, United States Code.
(f) SERVICE OF PROCESS.—In an action brought
under subsection (a), process may be served in any district
in which the defendant—
(1) is an inhabitant; or
(2) may be found.
SEC. 6. PROTECTION OF EDUCATIONAL INSTITUTION.
(a) NOTICE REQUIRED.—Within 72 hours after en-
tering into an agency contract or before the next athletic
event in which the student athlete may participate, which-
ever occurs first, the athlete agent and the student athlete
shall each inform the athletic director of the educational
institution at which the student athlete is enrolled, or
other individual responsible for athletic programs at such
educational institution, that the student athlete has en-
tered into an agency contract, and the athlete agent shall
provide the athletic director with notice in writing of such
a contract.
(b) CIVIL REMEDY.—
(1) IN
GENERAL.—An educational institution
has a right of action against an athlete agent for
damages caused by a violation of this Act.
(2) DAMAGES.—Damages of an educational in-
stitution may include and are limited to actual losses
and expenses incurred because, as a result of the
conduct of the athlete agent, the educational institu-
tion was injured by a violation of this Act or was pe-
nalized, disqualified, or suspended from participation
in athletics by a national association for the pro-
motion and regulation of athletics, by an athletic
conference, or by reasonable self-imposed discipli-
nary action taken to mitigate actions likely to be im-
posed by such an association or conference.
(3) COSTS AND ATTORNEYS FEES.—In an ac-
tion taken under this section, the court may award
to the prevailing party costs and reasonable attor-
neys fees.
(4) EFFECT ON OTHER RIGHTS, REMEDIES AND
DEFENSES.—This section does not restrict the
rights, remedies, or defenses of any person under
law or equity.
SEC. 7. LIMITATION.
Nothing in this Act shall be construed to prohibit an
individual from seeking any remedies available under ex-
isting Federal or State law or equity.
SEC. 8. SENSE OF CONGRESS.
It is the sense of Congress that States should enact
the Uniform Athlete Agents Act of 2000 drafted by the
National Conference of Commissioners on Uniform State
Laws, to protect student athletes and the integrity of ama-
teur sports from unscrupulous sports agents. In par-
ticular, it is the sense of Congress that States should enact
the provisions relating to the registration of sports agents,
the required form of contract, the right of the student ath-
lete to cancel an agency contract, the disclosure require-
ments relating to record maintenance, reporting, renewal,
notice, warning, and security, and the provisions for reci-
procity among the States.
Passed the House of Representatives June 4, 2003.
Attest:
Clerk.