[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2171 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2171

 To prohibit athlete agents from soliciting representation of student 
 athletes, and to establish requirements for contracts between athlete 
                      agents and student athletes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 1997

  Mr. Duncan introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
 To prohibit athlete agents from soliciting representation of student 
 athletes, and to establish requirements for contracts between athlete 
                      agents and student athletes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited at the ``Protection of Student Athletes Act 
of 1997''.

SEC. 2. PROHIBITION OF AGENT CONTACT.

    (a) In General.--No athlete agent may initiate contact with a 
student athlete who is subject to the rules and regulations of the 
National Collegiate Athletic Association, the National Association for 
Intercollegiate Athletics, or the National Junior College Athletic 
Association.
    (b) Penalties.--
            (1) First offense.--In the case of a first violation of 
        subsection (a) by an athlete agent, the agent, upon conviction, 
        shall be suspended from representing any student athlete who 
        attends the college or university in which the student athlete 
        who was the subject of agent-initiated contact is enrolled.
            (2) Subsequent offense.--In the case of any violation of 
        subsection (a) after the first violation of such subsection by 
        an athlete agent, the agent, upon conviction, shall be 
        suspended from representing any student athlete, be guilty of a 
        Class C felony, and be subject to a fine under title 18, United 
        States Code.

SEC. 3. REQUIREMENTS FOR CONTRACT BETWEEN STUDENT ATHLETE AND AGENT.

    A contract between an athlete agent and a student athlete must--
            (1) be in writing;
            (2) be signed by both the athlete agent and student athlete 
        in the presence of a notary public;
            (3) include the address of the athlete agent to which 
        notices may be sent;
            (4) indicate the fees and percentages the student athlete 
        will pay to the athlete agent; and
            (5) contain the following paragraph (to be signed and dated 
        by the student athlete) advising the student athlete of the 
        possible effects of his signing the agency contract:
    ``WARNING TO THE STUDENT ATHLETE: WHEN YOU SIGN THIS CONTRACT, YOU 
WILL LIKELY IMMEDIATELY LOSE YOUR ELIGIBILITY TO COMPETE IN 
INTERCOLLEGIATE ATHLETICS. TO AVOID DISCIPLINARY PROCEEDINGS BY YOUR 
COLLEGE OR UNIVERSITY, YOU MUST GIVE WRITTEN NOTICE THAT YOU HAVE 
ENTERED INTO THIS CONTRACT TO THE ATHLETIC DIRECTOR OR PRESIDENT OF 
YOUR COLLEGE OR UNIVERSITY NOT LATER THAN 72 HOURS AFTER ENTERING INTO 
THIS CONTRACT OR PRIOR TO PARTICIPATING IN INTERCOLLEGIATE ATHLETICS, 
WHICHEVER COMES FIRST. FAILURE TO PROVIDE THIS NOTICE SUBJECTS YOU TO 
DISCIPLINARY SANCTION BY YOUR COLLEGE OR UNIVERSITY. DO NOT SIGN THIS 
CONTRACT UNTIL YOU HAVE READ IT AND FILLED IN ANY BLANK SPACES. YOU 
HAVE THE RIGHT TO RESCIND THIS CONTRACT WITHIN 20 DAYS OF (i) THE 
SIGNING OF THIS CONTRACT, (ii) NOTICE OF THIS CONTRACT BEING RECEIVED 
BY THE CHIEF EXECUTIVE OFFICER OF YOUR COLLEGE OR UNIVERSITY, OR (iii), 
IF NO NOTICE IS GIVEN TO YOUR COLLEGE OR UNIVERSITY, YOUR LAST 
INTERCOLLEGIATE GAME, WHICHEVER OCCURS THE LATEST. HOWEVER, EVEN IF YOU 
CANCEL THIS CONTRACT, THE INTERCOLLEGIATE ATHLETIC ASSOCIATION OR 
CONFERENCE TO WHICH YOUR COLLEGE OR UNIVERSITY BELONGS MAY NOT RESTORE 
YOUR ELIGIBILITY TO PARTICIPATE IN INTERCOLLEGIATE ATHLETICS. IF YOU 
SIGN THIS CONTRACT PRIOR TO YOUR LAST INTERCOLLEGIATE GAME AND DO NOT 
NOTIFY YOUR COLLEGE OR UNIVERSITY OF THIS CONTRACT, YOUR TEAM MAY BE 
REQUIRED TO FORFEIT ALL GAMES IN WHICH YOU PARTICIPATE THEREAFTER, AND 
YOU MAY CAUSE YOUR TEAM TO BE INELIGIBLE FOR POSTSEASON GAMES.''

SEC. 4. DEFINITIONS.

    For purposes of this Act:
            (1) Agent contract.--The term ``agent contract'' means a 
        contract or agreement in which a student athlete authorizes an 
        athlete agent to represent him in the marketing of his athletic 
        ability or reputation in a sport.
            (2) Athlete agent.--The term ``athlete agent'' means a 
        person who, directly or indirectly, recruits or solicits a 
        student athlete to enter into an agent contract, or who for a 
        fee procures, offers, promises, or attempts to obtain 
        employment for a student athlete with a professional sports 
        team or as a professional athlete.
            (3) Student athlete.--The term ``student athlete'' means 
        any athlete who is practices for or otherwise participates in 
        intercollegiate athletics at any college or university.
            (4) Contact.--The term ``contact'' means any offer, 
        inducement or agreement, communicated between an athlete agent 
        and a student athlete for the purpose of entering or soliciting 
        entry into an agent contract prior to the end of the student's 
        eligibility.
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