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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. NOTICE TO 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-
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ever occurs first, the agent and the student athlete shall
each inform the athletic director of the educational institu-
tion at which the student athlete is enrolled, or other indi-
vidual responsible for athletic programs at such edu-
cational institution, that the student athlete has entered
into an agency contract, and the 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 agent for damages
caused by such agent’s failure to provide notice as
required in subsection (a).
(2) DAMAGES.—Damages of an educational in-
stitution may include losses and expenses incurred
because, as a result of the conduct of the agent, the
educational institution was injured by being penal-
ized, disqualified, or suspended from participation in
athletics by a national association for the promotion
and regulation of athletics, by an athletic conference,
or by reasonable self-imposed disciplinary action
taken to mitigate actions likely to be imposed by
such an association or conference.
(3) COSTS AND ATTORNEYS FEES.—In an ac-
tion taken under this section, the court may award
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to the prevailing party costs and reasonable attor-
neys fees.
(4) LIABILITY.—Any liability of the agent or
the former student athlete under this section is sev-
eral and not joint.
(5) 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. 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.
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