[Congressional Record (Bound Edition), Volume 150 (2004), Part 13]
[Senate]
[Page 18002]
[From the U.S. Government Publishing Office, www.gpo.gov]




               SPORTS AGENT RESPONSIBILITY AND TRUST ACT

  Mr. FRIST. I ask unanimous consent that the Commerce Committee be 
discharged from further consideration of H.R. 361 and the Senate 
proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 361) 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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCAIN. Mr. President, I am pleased that the Senate has agreed by 
unanimous consent to pass H.R. 361, the Sports Agent Responsibility and 
Trust Act, SPARTA. The bill would help to protect amateur athletes from 
exploitation by sports agents. I commend Congressman Tom Osborne for 
his tireless work on this legislation and his ongoing commitment to 
ensuring that amateur athletes are treated with fairness and dignity.
  This legislation is needed because State and Federal penalties for 
agents who engage in dishonest practices to lure athletes to sign 
contracts are seen by many groups as weak. For example, misconduct such 
as secret payments to amateur athletes, undisclosed payments to family 
or friends of athletes, unrealistic promises, pressure placed on the 
athletes, and even blackmail often go unpunished despite the severe 
damage that their practices cause to our country's amateur athletes.
  Under SPARTA, sports agents would be prohibited from providing false 
or misleading information, making false promises, or providing anything 
of value to amateur athletes or their families. Each violation of 
SPARTA would be deemed an unfair or deceptive act or practice under the 
Federal Trade Commission Act, FTCA. SPARTA would authorize civil 
actions by the Federal Trade Commission, State attorneys general, and 
educational institutions against violators.
  In addition, SPARTA would serve as a Federal backstop for an ongoing 
effort by the National Collegiate Athletic Association, NCAA, college 
coaches, university presidents, and athletic directors to promote at 
the State-level legislation developed by the National Conference of 
Commissioners on Uniform State Laws to regulate the business practices 
of sports agents. The legislation, titled the Uniform Athlete's Agent 
Act, UAAA, would require that sports agents be registered with the 
States in which they operate, and provide uniform State laws addressing 
their conduct and practices. To date, the legislatures of 29 States and 
two territories have passed the UAAA, but no similar Federal standard 
exists.
  We must protect our youth from the predatory practices of those who 
do not share their best interests. This bill represents a positive step 
toward protecting amateur athletes and I thank my colleagues for their 
support in its passage.
  Mr. FRIST. I ask unanimous consent that the bill be read a third time 
and passed, the motion to reconsider be laid upon the table, and that 
any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 361) was read the third time and passed.

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