Page:United States Statutes at Large Volume 118.djvu/1158

 118 STAT. 1128 PUBLIC LAW 108–304—SEPT. 24, 2004 (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 and are limited to actual 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 reason able 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. LIMITATION. Nothing in this Act shall be construed to prohibit an individual from seeking any remedies available under existing Federal or State law or equity. 15 USC 7806. Deadline. 15 USC 7805.

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