IB 
Union Calendar No. 453
107TH CONGRESS 
2D SESSION 
H. R. 4701
[Report No. 107–725] 
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 
MAY 9, 2002
Mr. GORDON (for himself, Mr. OSBORNE, Mr. DINGELL, Mr. TOWNS, Mr. 
STEARNS, Mr. JOHN, and Mr. CLEMENT) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
OCTOBER 7, 2002
Additional sponsors: Mr. HAYES, Mr. WAMP, Mr. FORD, Mr. BROWN of South 
Carolina, Mr. OTTER, Mr. CULBERSON, Mr. WILSON of South Carolina, 
Mr. THUNE, Mr. PETERSON
of Minnesota, Mr. REHBERG, Mr. 
CRENSHAW, Mr. SCHROCK, Mr. CANTOR, Mr. GRAHAM, Mr. PENCE, Mr. 
DEMINT, Mr. BEREUTER, Mr. PUTNAM, Mr. MORAN of Kansas, Mr. 
KIND, Mr. LUCAS of Kentucky, Mr. BROWN of Ohio, Mr. SHIMKUS, Mr. 
TERRY, Mr. STRICKLAND, Mr. HORN, Mr. JEFF MILLER of Florida, Mr. 
FORBES, Mr. BOOZMAN, Mr. AKIN, Ms. CARSON of Indiana, Mr. JEF-
FERSON, Mr. DUNCAN, Mr. RUSH, Mr. UDALL of New Mexico, Mr. 
PLATTS, Mr. LAHOOD, Mr. SIMPSON, Mr. CARSON of Oklahoma, Mr. 
JENKINS, Mr. SULLIVAN, Mr. WATKINS, Mr. WATTS of Oklahoma, Mr. 
TIAHRT, Mr. SHERWOOD, Mr. HERGER, Mrs. CUBIN, Mrs. WILSON of 
New Mexico, Mr. GREEN of Wisconsin, Mr. RYAN of Wisconsin, Mrs. 
BIGGERT, Mr. WELLER, Mr. KIRK, Mrs. JO ANN DAVIS of Virginia, Mr. 
RAMSTAD, Mr. COBLE, Mr. KENNEDY of Rhode Island, Mr. HAYWORTH, 
Mrs. CAPPS, Mr. HOYER, Mr. HASTINGS of Washington, Mr. STENHOLM, 
Mr. ENGEL, Mr. PRICE of North Carolina, Mr. BALDACCI, Mr. LEACH, 
Mr. BACHUS, Mrs. MYRICK, Mr. ROYCE, Mr. REYNOLDS, Mrs. BONO, 
Mr. SHAYS, Mr. SHUSTER, Mr. MCKEON, Ms. NORTON, Mr. BURR of 
North Carolina, Mr. DOYLE, Mr. FLETCHER, Mr. BRYANT, Mr. UDALL 
of Colorado, Mr. BOSWELL, Mr. HILLEARY, Mr. SABO, Mr. TANNER, Mr. 
PAYNE, Mr. GRUCCI, Mr. WALSH, Mr. TOM DAVIS of Virginia, Mrs.
KELLY, Mr. PETERSON of Pennsylvania, Mr. UPTON, Mr. ROEMER, Mr. 
RANGEL, Mr. CLAY, Mr. WOLF, Mr. HOUGHTON, Mr. BOUCHER, Mr. 
ISRAEL, Mr. MCDERMOTT, Mrs. MINK of Hawaii, Mr. SIMMONS, Ms. 
MCCARTHY of Missouri, Ms. DELAURO, Ms. RIVERS, Mr. SNYDER, Mrs. 
MEEK of Florida, Ms. ROS-LEHTINEN, Mr. ETHERIDGE, Mr. BAIRD, and 
Mr. HEFLEY
OCTOBER 7, 2002 
Reported 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] 
[For text of introduced bill, see copy of bill as introduced on May 9, 2002] 
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.
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 Responsi-
bility and Trust Act’’. 
SEC. 2. DEFINITIONS. 
As used in this Act, the following definitions apply: 
(1) AGENCY CONTRACT.—The term ‘‘agency con-
tract’’ means an oral or written agreement in which 
a student athlete authorizes a person to negotiate or 
solicit on behalf of the student athlete a professional 
sports contract or an endorsement contract.
(2) ATHLETE AGENT.—The term ‘‘athlete agent’’ 
means an individual who enters into an agency con-
tract with a student athlete, or directly or indirectly 
recruits or solicits a student athlete to enter into an 
agency contract, and does not include a spouse, par-
ent, sibling, grandparent, or guardian of such student 
athlete, or an individual acting solely on behalf of a 
professional sports team or professional sports organi-
zation. 
(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 indi-
vidual’s person, name, image, or likeness in the pro-
motion of any product, service, or event.
meets the requirements of this subsection. Such disclo-
sure 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 guardian, 
prior to entering into the agency contract. 
(3) REQUIRED LANGUAGE.—The disclosure docu-
ment 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 Stu-
dent Athlete: If you agree orally or in 
writing to be represented by an agent now 
or in the future you may lose your eligi-
bility to compete as a student athlete in 
your sport. Within 72 hours after entering 
into this contract or before the next ath-
letic event in which you are eligible to 
participate, whichever occurs first, both 
you and the agent by whom you are agree-
ing to be represented must notify the ath-
letic director of the educational institu-
tion at which you are enrolled, or other 
individual responsible for athletic pro-
grams at such educational institution, 
that you have entered into an agency con-
tract.’’. 
SEC. 4. ENFORCEMENT. 
(a) UNFAIR OR DECEPTIVE ACT OR PRACTICE.—A vio-
lation of this Act shall be treated as a violation of a rule 
defining an unfair or deceptive act or practice prescribed 
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 Commission 
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 incor-
porated 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 appropriate jurisdiction 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 Commis-
sion—
(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 sub-
section, if the attorney general determines that it 
is not feasible to provide the notice described 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 no-
tice. 
(2) EFFECT OF INTERVENTION.—If the Commis-
sion 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 general 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 Commis-
sion 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 enter-
ing into an agency contract or before the next athletic event 
in which the student athlete may participate, whichever oc-
curs first, the athlete 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 educational 
institution, that the student athlete has entered into an 
agency contract, and the athlete agent shall provide the ath-
letic 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 losses and expenses incurred be-
cause, as a result of the conduct of the athlete agent, 
the educational institution was injured by a violation 
of this Act or was penalized, disqualified, or sus-
pended from participation in athletics by a national 
association for the promotion and regulation of ath-
letics, by an athletic conference, or by reasonable self-
imposed disciplinary action taken to mitigate actions 
likely to be imposed by such an association or con-
ference. 
(3) COSTS AND ATTORNEYS FEES.—In an action 
taken under this section, the court may award to the 
prevailing party costs and reasonable attorneys 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 eq-
uity. 
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 amateur sports 
from unscrupulous sports agents. In particular, 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 athlete to cancel 
an agency contract, the disclosure requirements relating to 
record maintenance, reporting, renewal, notice, warning, 
and security, and the provisions for reciprocity among the 
States.
Union Calendar No. 453
107TH CONGRESS 
2D SESSION 
H. R. 4701
[Report No. 107–725] 
A BILL 
To designate certain conduct by sports agents relat-
ing to the signing of contracts with student ath-
letes as unfair and deceptive acts or practices to 
be regulated by the Federal Trade Commission. 
OCTOBER 7, 2002
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed