Sec. 104. Student athlete sports agent reform
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The Sports Agent Responsibility and Trust Act ( 15 U.S.C. 7801 et seq. ), as amended by section 103, is further amended— in section 2 ( 15 U.S.C. 7801 ), by amending paragraph
(1)to read as follows: The term agency contract means a 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; and that— states the name of each party to the agreement; states the term of the agreement; states the registration information for the athlete agent; and states the fee or commission charged by the athlete agent. ; in section 3 ( 15 U.S.C. 7802 )— in subsection (a)— in paragraph (2), by striking ; or and inserting a semicolon; in paragraph (3), by striking the period at the end and inserting a semicolon; and by adding at the end the following: represent a student athlete for an endorsement contract without entering into agency contract; represent a student athlete for an endorsement contract without the athlete agent first registering as an agent with a State and certifying to an athletic association governing the intercollegiate sport the student athlete participates in that the athlete agent is registered with a State; charge a student athlete a fee in connection with an endorsement contract that exceeds 5 percent of the value of the endorsement contract; enter into an agency contract with an athlete for a term that extends beyond the eligibility of the student athlete to participate in intercollegiate sport; entice a student athlete to enroll at an institution (as defined in section 2 of the Student Athlete Fairness and Enforcement Act ), transfer to or from an institution, or declare an intent to transfer from an institution by misrepresenting the existence, nature, or value of a name, image, or likeness opportunity the athlete agent can arrange on behalf of the student athlete; or make a materially false, misleading, deceptive, or fraudulent representation as an athlete agent or in the application for registration as an athlete agent. ; and in subsection (b)(3), by striking 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. ; by inserting after section 3A, as added by section 103, the following: Prior to representing a student athlete for an endorsement contract, a prospective athlete agent must register with a State. An individual is deemed to be registered with a State for purposes of this section if the individual is— a registered professional sports agent with a professional sports league or players association, in good standing; or registered and certified under the All State Uniform Agent Acts in the State in which the agent operates, in good standing. Fees charged by an athlete agent in connection with an endorsement contract entered into by a student athlete shall not exceed 5 percent of the value of the endorsement contract. An athlete agent that represents a student athlete participating in an intercollegiate sport governed by an athletic association must certify to the athletic association that the athlete agent is registered with a State. It is unlawful for an individual to certify to an athletic association that the individual is an athlete agent if the individual is not registered with a State. It is unlawful for an athletic association to operate without maintaining a publicly available website that includes a searchable database of athlete agents registered under subsection
(a)and certified under subsection (b). An athletic association shall include on a publicly available website a working link to, or information on how to locate, the website of the Commission. ; and by inserting after section 5 the following: Any current or former student athlete alleging a violation of this Act may bring a civil action in an appropriate district court of the United States or in an appropriate State court. In a civil action brought under subsection
(a)in which the plaintiff prevails, the court may award— actual damages; reasonable attorney’s fees and litigation costs; and any other relief, including equitable or declaratory relief, that the court determines appropriate. Notwithstanding any other provision of law, no pre-dispute arbitration agreement or pre-dispute joint action waiver shall be valid or enforceable against a student athlete with respect to a dispute arising under this Act. Any determination as to whether or how paragraph
(1)applies to any dispute shall be made by a court, rather than an arbitrator, without regard to whether the agreement or waiver that is the subject of the dispute purports to delegate such determination to an arbitrator. In this subsection: The term pre-dispute arbitration agreement means any agreement to arbitrate a dispute that has not arisen at the time of the making of the agreement. The term pre-dispute joint-action waiver means an agreement, whether or not part of a pre-dispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement. . The table of contents for the Sports Agent Responsibility and Trust Act is amended— by inserting after the item relating to section 3A the following: Sec. 3B. Registration and other requirements of athlete agents and athletic associations. ; and by inserting after the item relating to section 5 the following: Sec. 5A. Private right of action. .
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