text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Sports Agent Responsibility 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 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 contract 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, 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) Athletic director.--The term ``athletic director'' 
          means an individual responsible for administering the athletic 
          program 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.
              (4) Commission.--The term ``Commission'' means the Federal 
          Trade Commission.
              (5) Endorsement contract.--The term ``endorsement 
          contract'' means an agreement under which a student athlete 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.
              (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 
          regulation of college athletics.
              (7) Professional sports contract.--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.
              (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 territory or insular 
          possession subject to the jurisdiction of the United States.
              (9) Student athlete.--The term ``student athlete'' means an 
          individual who engages in, is eligible 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 
          particular 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 student 
          athlete to enter into an agency contract, by--
                      (A) giving any false or misleading information or 
                  making a false promise or representation; or
                      (B) providing anything of value to a student 
                  athlete or anyone associated with the student athlete 
                  before the student athlete enters into an agency 
                  contract;
              (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 entering 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 document must 
          contain, in close proximity to the signature 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 notice in boldface type stating: ``Warning to 
          Student Athlete: If you agree orally or in writing to be 
          represented 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 violation 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 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 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 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 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 notice.
              (2) Effect of intervention.--If the Commission 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 Commission for a violation of section 
  3, no State may, during the pendency of that action, institute an 
  action under subsection (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 entering into an agency 
  contract or before the next athletic event in which the student athlete 
  may participate, whichever 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 entered 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 institution 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 
          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 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 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.
target: Sports Agent Responsibility and Trust Act - Prohibits an agent from: (1) directly or indirectly recruiting or soliciting a student athlete to enter into an agency contract by giving false or misleading information or making a false promise or representation or by providing anything of value to the athlete before entering into such a contract; (2) entering into an agency contract with a student athlete without providing the required disclosure document; or (3) predating or postdating an agency contract.Requires an agent, in conjunction with the signing of an agency contract, to provide to the athlete a separate disclosure document that includes notice that if the athlete signs the contract he or she may lose eligibility to compete as a student athlete in that sport. Requires the student athlete to sign such document before signing the agency contract.Treats a violation of this Act as an unfair or deceptive act or practice under the Federal Trade Commission Act. Authorizes civil actions by State attorneys general under specified circumstances.Requires the agent and the athlete, within 72 hours after entering into an agency contract or before the next athletic event in which the athlete may participate, whichever occurs first, to provide notice to the educational institution that the athlete has entered into an agency contract. Grants an educational institution a right of action against an agent for damages caused by such agent's failure to provide such notice.Expresses 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.
feat_title: 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.