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; 
(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 
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 losses and expenses incurred 
because, 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 suspended from participation in athletics by a na-
tional association for the promotion and regulation 
of athletics, by an athletic conference, or by reason-
able self-imposed disciplinary action taken to miti-
gate actions likely to be imposed by such an associa-
tion 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. 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.
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, any legal counsel for purposes other than that 
of representative agency, or an individual acting sole-
ly on behalf of a professional sports team or profes-
sional 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 indi-
vidual’s person, name, image, or likeness in the pro-
motion of any product, service, or event. 
(6) INTERCOLLEGIATE SPORT.—The term ‘‘inter-
collegiate sport’’ means a sport played at the colle-
giate level for which eligibility requirements for par-
ticipation by a student athlete are established by a
national association for the promotion or regulation 
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, Puerto 
Rico, the United States Virgin Islands, or any terri-
tory or insular possession subject to the jurisdiction 
of the United States. 
(9) STUDENT ATHLETE.—The term ‘‘student ath-
lete’’ means an individual who engages in, is eligible 
to engage in, or may be eligible in the future to en-
gage 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 CON-
TACT BETWEEN AN ATHLETE AGENT AND A 
STUDENT ATHLETE. 
(a) CONDUCT PROHIBITED.—It is unlawful for an ath-
lete 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 representation; 
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 consideration 
in the form of a loan, or acting in the capacity 
of a guarantor or co-guarantor for any debt; 
(2) enter into an agency contract with a student 
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 enter-
ing into of an agency contract, an athlete agent shall 
provide to the student athlete, or, if the student athlete
is under the age of 18, to such student athlete’s parent 
or legal guardian, a disclosure document 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 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 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 occurs 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 athletic programs at 
such educational institution, that you have entered 
into an agency contract.’’.
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; 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 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 and are limited to actual losses 
and expenses incurred because, as a result of the con-
duct of the athlete agent, the educational institution 
was injured by a violation of this Act or was 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 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. LIMITATION. 
Nothing in this Act shall be construed to prohibit an 
individual from seeking any remedies available under exist-
ing 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 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. 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 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. 
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