Student athlete sports agent reform

(a) In general The Sports Agent Responsibility and Trust Act (15 U.S.C. 7801 et seq.) is amended— (1) in section 2 (15 U.S.C. 7801)— (A) by amending paragraph (1) to read as follows: (1) Agency contract The term agency contract means a written agreement— (A) 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 (B) that— (i) states the name of each party to the agreement; (ii) states the term of the agreement; (iii) states the registration information for the athlete agent; and (iv) states the fee or commission charged by the athlete agent.; (B) by redesignating paragraphs (3) through (9) as paragraphs (5), (7), (9), (11), (12), (13), and (14), respectively; (C) by inserting after paragraph (2) the following: (3) Athletic association (A) In general The term athletic association means any organization or other group organized in the United States that— (i) has multiple conferences and institutions as members; (ii) sponsors or arranges college athletic competitions between those institutions; (iii) sets common rules, standards, procedures, or guidelines for the administration of college athletic competition; and (iv) is not a conference. (B) Inclusions The term athletic association includes— (i) the National Collegiate Athletic Association; and (ii) any other national intercollegiate athletic association. (4) Athletic department The term athletic department means a department at, or a component of, an institution responsible for managing one or more varsity intercollegiate sport programs.; (D) by inserting after paragraph (5), as redesignated by subparagraph (B), the following: (6) College athletic competition The term college athletic competition means any varsity game, meet, or other competition between or among athletic teams sponsored by institutions.; (E) by inserting after paragraph (7), as so redesignated, the following: (8) Conference The term conference means any organization that is not an athletic association and that— (A) has 2 or more institutions of higher education as members; and (B) arranges championships for college athletic competition or sets rules for college athletic competition.; (F) by inserting after paragraph (9), as so redesignated, the following: (10) Institution The term institution has the meaning given the term institution of higher education in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).; and (G) by adding at the end the following: (15) Varsity intercollegiate sport The term varsity intercollegiate sport means a sport played at the intercollegiate level, administered by an athletic department, for which eligibility requirements for participation by student athletes are established by an athletic association.; (2) in section 3 (15 U.S.C. 7802)— (A) in subsection (a)— (i) in paragraph (2), by striking; or and inserting a semicolon; (ii) in paragraph (3), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (4) represent a student athlete for an endorsement contract without first entering into an agency contract; (5) 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; (6) charge a student athlete a fee in connection with an endorsement contract that exceeds 5 percent of the value of the endorsement contract; (7) 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; (8) entice a student athlete to enroll at an institution, 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 (9) make a materially false, misleading, deceptive, or fraudulent representation as an athlete agent or in the application for registration as an athlete agent.; and (B) 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.; and (3) by inserting after section 3 the following: 3A. Registration and other requirements of athlete agents and athletic associations (a) Registration requirement Prior to representing a student athlete for an endorsement contract, a prospective athlete agent must register with a State. (b) Registration established An individual is deemed to be registered with a State for purposes of this section if the individual is— (1) a registered professional sports agent with a professional sports league or players association, in good standing; or (2) registered and certified under the All State Uniform Agent Acts in the State in which the agent operates, in good standing. (c) Agent fee cap 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. (d) Certification to athletic associations (1) Requirement 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. (2) Prohibition 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. (e) Requirements of athletic associations (1) Searchable registry 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). (2) Website 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.. (b) Clerical amendment The table of contents for the Sports Agent Responsibility and Trust Act is amended by inserting after the item relating to section 3 the following: Sec. 3A. Registration and other requirements of athlete agents and athletic associations..