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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5057 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5057

  To establish minimum Federal standards for sports betting, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 16, 2024

Mr. Blumenthal introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To establish minimum Federal standards for sports betting, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Supporting 
Affordability and Fairness with Every Bet Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
         TITLE I--MINIMUM FEDERAL STANDARDS FOR SPORTS BETTING

Sec. 101. General prohibition on sports wagering.
Sec. 102. State sports wagering program.
Sec. 103. State sports wagering program standards.
               TITLE II--PUBLIC HEALTH IN SPORTS BETTING

Sec. 201. Annual nationwide survey on sports betting.
Sec. 202. National Self-Exclusion List.
Sec. 203. Surgeon General's Report on Public Health Challenges 
                            Associated with Sports Betting.
Sec. 204. Surveillance of gambling addiction.
                     TITLE III--GENERAL PROVISIONS

Sec. 301. State and Tribal authority.
Sec. 302. Severability.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Amateur athletic competition.--The term ``amateur 
        athletic competition'' has the meaning given the term in 
        section 220501 of title 36, United States Code.
            (2) Anonymized sports wagering data.--With respect to a 
        sports wager accepted by a sports wagering operator, the term 
        ``anonymized sports wagering data'' means--
                    (A) a unique identifier for the transaction and, if 
                available, the individual who placed the sports wager, 
                except that such identifier shall not include any 
                personally identifiable information of such individual;
                    (B) the amount and type of sports wager;
                    (C) the date and time at which the sports wager was 
                accepted;
                    (D) the location at which the sports wager was 
                placed, including the internet protocol address, if 
                applicable; and
                    (E) the outcome of the sports wager.
            (3) Gambling disorder.--The term ``gambling disorder'' 
        means--
                    (A) gambling disorder, as the term is used by the 
                American Psychiatric Association in the publication 
                entitled ``Diagnostic and Statistical Manual of Mental 
                Disorders, 5th Edition'' (or a successor edition);
                    (B) pathological gambling;
                    (C) gambling addiction; and
                    (D) compulsive gambling.
            (4) Governmental entity.--The term ``governmental entity'' 
        means--
                    (A) a State;
                    (B) a political subdivision of a State; and
                    (C) an entity or organization, including an Indian 
                Tribe, that has governmental authority within the 
                territorial boundaries of the United States, including 
                Indian lands.
            (5) Indian lands.--The term ``Indian lands'' has the 
        meaning given the term in section 4 of the Indian Gaming 
        Regulatory Act (25 U.S.C. 2703)).
            (6) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 4 of the 
        Indian Gaming Regulatory Act (25 U.S.C. 2703).
            (7) Interactive sports wagering platform.--The term 
        ``interactive sports wagering platform'' means a person or 
        entity that offers licensed sports wagering over the internet, 
        including through an internet website and mobile devices, on 
        behalf of a licensed gaming facility.
            (8) Interstate sports wagering compact.--The term 
        ``interstate sports wagering compact'' means a compact to offer 
        sports wagering in accordance with this Act between--
                    (A) 2 or more States with a State sports wagering 
                program;
                    (B) 1 or more States with a State sports wagering 
                program and 1 or more Indian Tribes; or
                    (C) 2 or more Indian Tribes.
            (9) Licensed gaming facility.--The term ``licensed gaming 
        facility'' means a person licensed by a State regulatory entity 
        or an Indian Tribe licensed by a State regulatory agency for 
        the conduct of gaming.
            (10) Microbet.--The term ``microbet'' means a wager placed 
        on an outcome or occurrence within a sporting event which may 
        or may not be related to the ultimate result of the sporting 
        event.
            (11) National self-exclusion list.--The term ``national 
        self-exclusion list'' means the list maintained under section 
        553A of the Public Health Service Act, as added by section 202 
        of this Act, in cooperation with State regulatory entities, 
        under sections 103(b)(6)(A)(ii) of this Act.
            (12) Official.--The term ``official'' means a referee, 
        umpire, judge, reviewer, or any other individual authorized to 
        administer the rules of a sporting event.
            (13) Proposition bet.--The term ``proposition bet'' means a 
        side wager on a part of a sporting event that does not concern 
        the final outcome of the sporting event.
            (14) Reasonable lender standard.--The term ``reasonable 
        lender standard'' means application of underwriting criteria 
        that would be applied by a lender that is an insured depository 
        institution (as defined under section 3 of the Federal Deposit 
        Insurance Act (12 U.S.C. 1813)) for an unsecured loan extended 
        to a consumer.
            (15) Sporting event.--The term ``sporting event'' means any 
        athletic competition.
            (16) Sports organization.--The term ``sports organization'' 
        means--
                    (A) a person or governmental entity that--
                            (i) sponsors, organizes, schedules, or 
                        conducts a sporting event; and
                            (ii) with respect to the sporting event and 
                        the participants in the sporting event--
                                    (I) prescribes final rules; and
                                    (II) enforces a code of conduct; 
                                and
                    (B) a league or association of 1 or more persons or 
                governmental entities described in subparagraph (A).
            (17) Sports wager.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the term ``sports wager'' means the staking or 
                risking by any person of something of value upon the 
                outcome of a sporting event, including the outcome of 
                any portion or aspect thereof, upon an agreement or 
                understanding that the person or another person will 
                receive something of value in the event of a certain 
                outcome.
                    (B) Inclusion.--With respect to an amateur or 
                professional sporting event, the term ``sports wager'' 
                includes--
                            (i) a straight bet;
                            (ii) a teaser;
                            (iii) a variation of a teaser;
                            (iv) a parlay;
                            (v) a total or over-under;
                            (vi) a moneyline;
                            (vii) a betting pool;
                            (viii) exchange wagering;
                            (ix) in-game wagering, including in-game 
                        wagering on--
                                    (I) a final or interim game score;
                                    (II) statistics; or
                                    (III) a discrete in-game event;
                            (x) a sports lottery; and
                            (xi) a proposition bet.
                    (C) Exceptions.--The term ``sports wager'' does not 
                include--
                            (i) any activity excluded from the 
                        definition of the term ``bet or wager'' under 
                        section 5362 of title 31, United States Code; 
                        or
                            (ii) any activity that does not violate a 
                        provision of the Interstate Horseracing Act of 
                        1978 (15 U.S.C. 3001 et seq.).
            (18) Sports wagering.--The term ``sports wagering'' means 
        the acceptance of a sports wager by a sports wagering operator.
            (19) Sports wagering operator.--The term ``sports wagering 
        operator'' means--
                    (A) a licensed gaming facility that offers sports 
                wagering; and
                    (B) an interactive sports wagering platform.
            (20) Sports wagering opt-in state.--The term ``sports 
        wagering opt-in State'' means a State that administers a State 
        sports wagering program.
            (21) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia; and
                    (C) any commonwealth, territory, or possession of 
                the United States.
            (22) State regulatory entity.--The term ``State regulatory 
        entity'' means the governmental entity--
                    (A) established or designated by a sports wagering 
                opt-in State under section 102(a)(2)(A)(ii); and
                    (B) responsible, solely or in coordination with 1 
                or more other governmental entities, for the regulation 
                of sports wagering in the applicable sports wagering 
                opt-in State.
            (23) State social gambling law.--The term ``State social 
        gambling law'' means a State law that allows sports wagering 
        that--
                    (A) is not conducted as a business;
                    (B) involves 2 or more players who compete on equal 
                terms; and
                    (C) does not provide a benefit to--
                            (i) a player, other than the winnings of 
                        the player; or
                            (ii) a person who is not involved in a 
                        sports wager.
            (24) State sports wagering program.--The term ``State 
        sports wagering program'' means a program administered and 
        overseen by a State pursuant to an application approved by the 
        Attorney General under subsection (b) or (e) of section 102.
            (25) Suspicious transaction.--The term ``suspicious 
        transaction'' means a transaction or an arrangement that a 
        sports wagering operator knows or has reason to know, as 
        determined by a director, officer, employee, or agent of the 
        sports wagering operator is or would be if completed--
                    (A) a violation of, or part of a plan to violate or 
                evade, any Federal, State, or local law (including 
                regulations); or
                    (B) sports wagering by or on behalf of an 
                individual described in subparagraph (C), (D), or (E) 
                of section 103(b)(4).
            (26) Suspicious transaction report.--The term ``suspicious 
        transaction report'' means a report submitted to a State 
        regulatory entity or a sports organization under section 
        103(b)(13).
            (27) Tribal-state compact.--The term ``Tribal-State 
        compact'' means a compact entered into between a State and an 
        Indian Tribe pursuant to section 11(d)(3) of the Indian Gaming 
        Regulatory Act (25 U.S.C. 2710(d)(3)).

         TITLE I--MINIMUM FEDERAL STANDARDS FOR SPORTS BETTING

SEC. 101. GENERAL PROHIBITION ON SPORTS WAGERING.

    (a) In General.--Except as provided in subsection (b), it shall be 
unlawful for any person to knowingly accept a sports wager.
    (b) Exceptions.--It shall not be a violation of subsection (a) 
for--
            (1) a sports wagering operator located in a sports wagering 
        opt-in State to accept a sports wager in accordance with State 
        law; or
            (2) a person to accept a sports wager in accordance with an 
        applicable State social gambling law.
    (c) Injunctions.--
            (1) In general.--If the Attorney General believes a person 
        has violated, is violating, or will violate subsection (a), the 
        Attorney General may bring a civil action in the appropriate 
        district court of the United States or the appropriate United 
        States court of a territory or possession of the United States, 
        which shall have jurisdiction in proceedings in accordance with 
        the Federal Rules of Civil Procedure to enjoin a violation of 
        subsection (a).
            (2) Jury trial.--In the case of an alleged violation of an 
        injunction or restraining order issued under paragraph (1), 
        trial shall be, on demand of the accused, by a jury in 
        accordance with the Federal Rules of Civil Procedure.
    (d) Civil Penalties.--
            (1) In general.--Any person who violates subsection (a) 
        shall be, with respect to any such violation, subject to a 
        civil penalty of not more than the greater of $10,000 or 3 
        times the amount of the applicable sports wager.
            (2) Separate violations.--A separate violation occurs for 
        each sports wager accepted in violation of subsection (a).
            (3) Jurisdiction.--The district courts of the United States 
        and appropriate United States courts of the territories and 
        possessions of the United States shall have jurisdiction to 
        enforce this subsection in accordance with section 1355 of 
        title 28, United States Code.
            (4) Effect of law.--A violation of subsection (a) shall not 
        constitute a crime, and a judgment for the United States and 
        imposition of a civil penalty pursuant to paragraph (1) shall 
        not give rise to any disability or legal disadvantage based on 
        conviction for a criminal offense.
    (e) Civil Penalty Not Exclusive of Criminal Penalty.--A civil 
penalty, injunction, or temporary restraining order imposed under this 
section shall be independent of, and not in lieu of, criminal 
prosecutions or any other proceedings under any other law of the United 
States, including sections 1084 and 1955 of title 18, United States 
Code.
    (f) Effective Date.--Subsection (a) shall take effect on the date 
that is 18 months after the date of enactment of this Act.

SEC. 102. STATE SPORTS WAGERING PROGRAM.

    (a) Initial Application.--
            (1) In general.--To request approval to administer a State 
        sports wagering program, a State shall submit an application to 
        the Attorney General at such time, in such manner, and 
        accompanied by such information as the Attorney General may 
        require.
            (2) Contents.--An application under paragraph (1) shall 
        include--
                    (A) a full and complete description of the State 
                sports wagering program the State proposes to 
                administer under State law, including--
                            (i) each applicable State law relating to 
                        sports wagering; and
                            (ii) an identification of the State 
                        regulatory entity; and
                    (B) an assurance from the attorney general or chief 
                legal officer of the State that the laws of the State 
                provide adequate authority to carry out the proposed 
                State sports wagering program.
    (b) Approval by Attorney General.--
            (1) In general.--Not later than 180 days after the date on 
        which the Attorney General receives a complete application 
        under this section, the Attorney General shall approve the 
        application unless the Attorney General determines that the 
        proposed State sports wagering program does not meet the 
        standards set forth in section 103.
            (2) Denial of application.--A decision of the Attorney 
        General to deny an application submitted under this section 
        shall--
                    (A) be made in writing; and
                    (B) specify the 1 or more standards under section 
                103 that are not satisfied by the proposed State sports 
                wagering program.
    (c) Notice of Material Changes.--In the case of a material change 
to a State law relating to sports wagering, the State regulatory 
entity, or other information included in an application submitted 
pursuant to subsection (a) or (e), not later than 30 days after the 
date on which the change is made, the State shall submit to the 
Attorney General a notice of such change.
    (d) Duration.--A State sports wagering program shall be valid for a 
fixed 3-year period beginning on the date on which the Attorney General 
approves the application of the applicable State under subsection (a) 
or (e).
    (e) Renewal Application and Approval.--Not later than the date on 
which the 3-year period referred to in subsection (d) ends, a State 
seeking to renew the approval of the State sports wagering program may 
submit to the Attorney General a renewal application that--
            (1) includes the information described in subsection (a); 
        and
            (2) shall be subject to the approval process under 
        subsection (b).
    (f) Revocation and Review.--
            (1) Emergency revocation of approval.--The Attorney General 
        shall promulgate regulations that provide procedures by which 
        the Attorney General may revoke the approval of a State to 
        administer a State sports wagering program before the date on 
        which the 3-year term described in subsection (d) expires if 
        the Attorney General finds that the sports wagering program 
        does not meet 1 or more standards set forth in section 103.
            (2) Administrative review.--The Attorney General shall 
        promulgate regulations that provide procedures by which a State 
        may seek administrative review of any decision by the Attorney 
        General--
                    (A) to deny an application under subsection (b);
                    (B) to deny a renewal application under subsection 
                (e); or
                    (C) to revoke an approval under paragraph (1) of 
                this subsection.

SEC. 103. STATE SPORTS WAGERING PROGRAM STANDARDS.

    (a) In General.--The Attorney General shall approve an application 
under section 102 unless the Attorney General determines that the 
proposed State sports wagering program does not meet the standards set 
forth in subsection (b).
    (b) Standards for State Sports Wagering Programs.--A State sports 
wagering program shall meet each of the following standards:
            (1) State regulatory entity.--Establish or designate a 
        public entity in the applicable State as the State regulatory 
        entity for the purposes of regulating sports wagering operators 
        and enforcing sports wagering laws in the State.
            (2) Permissible sports wagering.--
                    (A) In-person sports wagering.--Provide that in-
                person sports wagering may be offered only by a sports 
                wagering operator.
                    (B) Internet sports wagering.--
                            (i) In general.--With respect to any 
                        authorization of sports wagering on an 
                        interactive sports wagering platform, provide 
                        that such sports wagering, as available, is 
                        available only to--
                                    (I) individuals located in the 
                                State; or
                                    (II) in the case of an interstate 
                                sports wagering compact approved by the 
                                Attorney General, individuals located 
                                in States and on Indian lands of Indian 
                                Tribes that are party to the compact.
                            (ii) Location verification.--Include 
                        location verification requirements reasonably 
                        designed to prevent an individual from placing 
                        a sports wager on an interactive sports 
                        wagering platform from a location other than a 
                        location described in clause (i).
                    (C) Sports wager approval.--
                            (i) In general.--Provide that a sports 
                        wagering operator shall not accept a sports 
                        wager unless such sports wager or class of 
                        sports wagers is expressly approved by the 
                        State regulatory entity.
                            (ii) Approval criteria.--Direct the State 
                        regulatory entity to establish criteria for 
                        decisions with respect to the approval of a 
                        sports wager or a class of sports wagers, such 
                        as whether the outcome of the event or 
                        contingency on which the sports wager is placed 
                        is--
                                    (I) verifiable;
                                    (II) generated by a reliable and 
                                independent process; and
                                    (III) unlikely to be affected by 
                                any sports wager placed.
                    (D) Prohibition on amateur or intercollegiate 
                proposition bets.--Prohibit the State regulatory entity 
                from approving, or a sports wagering operator from 
                accepting, a proposition bet on--
                            (i) any amateur athletic competition; or
                            (ii) any intercollegiate sport (as defined 
                        in the Sports Agent Responsibility and Trust 
                        Act (15 U.S.C. 7801)).
                    (E) Prohibition of sports wagering on sporting 
                events that have commenced.--Prohibit the State 
                regulatory entity from approving, or a sports wagering 
                operator from accepting, a sports wager on any sporting 
                event, once such event has commenced.
            (3) Restrictions on sports wagering to protect contest 
        integrity.--
                    (A) Definition of necessary to maintain contest 
                integrity.--In this paragraph, the term ``necessary to 
                maintain contest integrity'' means that, in the absence 
                of a restriction, there is a reasonably foreseeable 
                risk that the outcome of the sporting event or 
                contingency on which the wager is placed would be 
                affected by the wager.
                    (B) Contest integrity.--Prohibit a sports wagering 
                operator from accepting a sports wager in violation of 
                a notice of restriction received by the sports wagering 
                operator under subparagraph (E)(i).
                    (C) Request to restrict sports wagering.--
                            (i) In general.--With respect to a sporting 
                        events sponsored, organized, or conducted by a 
                        sports organization, permit the sports 
                        organization to submit to the State regulatory 
                        entity a request to restrict, limit, or exclude 
                        wagers on 1 or more sporting events, including 
                        by restricting, limiting, and excluding sports 
                        wagers on 1 or more performances of an athlete 
                        in 1 or more sporting events in which such 
                        athlete participates, if the applicable sports 
                        organization determines that such restriction 
                        is necessary to maintain contest integrity.
                            (ii) Deadlines for submission.--Provide 
                        that the State regulatory entity shall 
                        establish reasonable deadlines for the 
                        submission of a request under clause (i) in 
                        advance of the applicable sporting event.
                    (D) Determination by the state regulatory entity.--
                Provide that the State regulatory entity shall 
                promptly--
                            (i) approve a request described in 
                        subparagraph (C)(i) unless the State regulatory 
                        entity determines, considering any information 
                        provided by the sports organization and any 
                        other relevant information, that a restriction 
                        is not necessary to maintain contest integrity;
                            (ii) provide a written explanation of a 
                        determination under clause (i) to approve or 
                        deny a request;
                            (iii) make such written explanation 
                        available to the public; and
                            (iv) provide a process by which the sports 
                        organization that submitted the request may 
                        seek review of such determination.
                    (E) Notice of restriction.--Provide that the State 
                regulatory entity shall establish a process--
                            (i) to provide to sports wagering operators 
                        prompt notice of any restriction approved by 
                        the State regulatory entity; and
                            (ii) to make such notice publicly 
                        available.
            (4) Prevention of sports wagering by prohibited 
        individuals.--Prohibit a sports wagering operator from 
        accepting sports wagers from any--
                    (A) individual younger than 21 years of age;
                    (B) individual on the national self-exclusion list;
                    (C) athlete, coach, official, or employee of a 
                sports organization or any club or team of a sports 
                organization, with respect to a sporting event 
                sponsored, organized, or conducted by the sports 
                organization;
                    (D) employee of a player or an official union of a 
                sports organization, with respect to a sporting event 
                sponsored, organized, or conducted by the sports 
                organization;
                    (E) individual who, with respect to a sporting 
                event sponsored, organized, or conducted by a sports 
                organization, is--
                            (i) credentialed or accredited by the 
                        sports organization; and
                            (ii) prohibited from placing a sports wager 
                        by the terms of such credential or 
                        accreditation; or
                    (F) individual convicted of an offense under 
                subsection (a) or (b) of section 224 of title 18, 
                United States Code.
            (5) Authorized data.--
                    (A) Result of a sports wager.--
                            (i) Market transition period.--With respect 
                        to any sports wager accepted on or before 
                        December 31, 2024, provide that a sports 
                        wagering operator shall determine the result of 
                        a sports wager only with data that is licensed 
                        and provided by--
                                    (I) the applicable sports 
                                organization; or
                                    (II) an entity expressly authorized 
                                by the applicable sports organization 
                                to provide such information.
                            (ii) Post-transition period.--With respect 
                        to any sports wager accepted after December 31, 
                        2024, provide that a sports wagering operator 
                        shall determine the result of a sports wager 
                        only with data that is obtained from a source 
                        that the State regulatory entity has--
                                    (I) found to provide--
                                            (aa) data of substantially 
                                        similar speed, accuracy, and 
                                        consistency to the data 
                                        available under clause (i); and
                                            (bb) only data that is--

                                                    (AA) legally 
                                                obtained; and

                                                    (BB) in full 
                                                compliance with the 
                                                terms of any applicable 
                                                contract or license;

                                    (II) expressly authorized to 
                                provide such data to sports wagering 
                                operators; and
                                    (III) identified in the application 
                                of the State regulatory entity under 
                                section 102.
                    (B) Other purposes.--Provide that the statistics, 
                result, outcome, or other data used by a sports 
                wagering operator for a purpose other than to determine 
                the result of a sports wager shall be in the public 
                domain or otherwise legally obtained.
            (6) Consumer protections.--
                    (A) Self-exclusion.--
                            (i) State self-exclusion list.--Provide a 
                        process by which an individual may restrict 
                        himself or herself from placing a sports wager 
                        with a sports wagering operator located in the 
                        State, including by imposing sports wager 
                        limits.
                            (ii) National self-exclusion list.--
                        Provide, through the State regulatory entity 
                        acting in cooperation with the Assistant 
                        Secretary for Mental Health and Substance Use, 
                        a process by which an individual may restrict 
                        himself or herself from placing a sports wager 
                        with a sports wagering operator located in any 
                        sports wagering opt-in State, including by 
                        imposing sports wager limits, and placing 
                        himself or herself on the national self-
                        exclusion list.
                            (iii) Reasonable steps required.--Provide 
                        that a sports wagering operator may not accept 
                        a sports wager by an individual who is--
                                    (I) described in clause (i); or
                                    (II) included on the national self-
                                exclusion list.
                    (B) Withdrawal restrictions.--Prohibit a sports 
                wagering operator from--
                            (i) requiring an individual engaged in 
                        sports wagering to participate in a publicity 
                        or an advertising activity of the sports 
                        wagering operator as a condition of withdrawal 
                        of the winnings of the individual; and
                            (ii) imposing on any individual engaged in 
                        sports wagering--
                                    (I) a minimum or maximum withdrawal 
                                limit for the account of the 
                                individual;
                                    (II) any restriction on the right 
                                of the individual to make a withdrawal 
                                from the account of the individual 
                                based on the extent of the sports 
                                wagering by the individual;
                                    (III) an unreasonable deadline for 
                                the provision of information relating 
                                to the identity of the individual as a 
                                condition of withdrawal from the 
                                account of the individual; or
                                    (IV) a dormancy charge for an 
                                account of the individual that is not 
                                used to place a sports wager.
                    (C) Disclosure.--
                            (i) Restrictions or conditions.--Provide 
                        that a sports wagering operator shall provide 
                        an individual with adequate and clear 
                        information relating to any applicable 
                        restriction or condition before the individual 
                        opens an account with the sports wagering 
                        operator.
                            (ii) Bonuses offered.--Provide that a 
                        sports wagering operator shall provide to an 
                        individual engaged in sports wagering clear 
                        information relating to any bonus offered, 
                        including the terms of withdrawal of the bonus.
                            (iii) Public availability.--Provide that 
                        the information described in clauses (i) and 
                        (ii) be available to the public.
                    (D) Treatment and education funding.--Provide that 
                a sports wagering operator shall allocate an 
                appropriate percentage of the revenue from sports 
                wagering to--
                            (i) treatment for gambling disorder; and
                            (ii) education on responsible gaming.
                    (E) Reserve requirement.--Provide that a sports 
                wagering operator shall maintain a reserve in an amount 
                not less than the sum of--
                            (i) the amounts held by the sports wagering 
                        operator for the account of patrons;
                            (ii) the amounts accepted by the sports 
                        wagering operator as sports wagers on 
                        contingencies the outcomes of which have not 
                        been determined; and
                            (iii) the amounts owed but unpaid by the 
                        sports wagering operator on winning wagers 
                        during the period for honoring winning wagers 
                        established by State law or the sports wagering 
                        operator.
                    (F) Affordability protections.--Provide that a 
                sports wagering operator--
                            (i) may not accept more than 5 deposits 
                        from an individual during a 24-hour period;
                            (ii) may not accept deposits made using a 
                        credit card; and
                            (iii) shall be required, before accepting 
                        sport wagers from an individual in an amount 
                        that is more than $1,000 during a 24-hour 
                        period or $10,000 during a 30-day period, to 
                        conduct an affordability check which shall be 
                        satisfied by 1 or both of the following ways:
                                    (I) Verification that the proposed 
                                deposit is not greater than 30 percent 
                                of the monthly income of the 
                                individual.
                                    (II) Verification through a 
                                reasonable lender standard based on 
                                issuance of an unsecured loan for the 
                                proposed deposit through methods 
                                normally used by consumer lenders.
                    (G) Artificial intelligence restriction.--Provide 
                that a sports wagering operator may not use artificial 
                intelligence to--
                            (i) track the sports wagers of an 
                        individual;
                            (ii) create an offer or promotion targeting 
                        a specific individual; or
                            (iii) create a gambling product, such as a 
                        microbet.
            (7) Advertising.--Provide that advertisements for a sports 
        wagering operator--
                    (A) shall--
                            (i) disclose the identity of the sports 
                        wagering operator; and
                            (ii) provide information about how to 
                        access resources relating to gambling 
                        addiction;
                    (B) shall not recklessly or purposefully target--
                            (i) problem gamblers;
                            (ii) individuals suffering from gambling 
                        disorder; or
                            (iii) individuals who are ineligible to 
                        place a sports wager, including individuals 
                        younger than 21 years of age;
                    (C) may not be broadcasted--
                            (i) between the hours of 8:00am and 10:00pm 
                        local time; or
                            (ii) during a live broadcast of a sporting 
                        event; and
                    (D) may not include--
                            (i) odds boosts or similar offers, 
                        including advertising that contains the phrase 
                        ``bonus'', ``no sweat'', ``bonus bet'', or any 
                        other similar term; or
                            (ii) any information on how to place a 
                        sports wager or how sports wagers work.
            (8) Licensing requirement.--
                    (A) In general.--Provide that a sports wagering 
                operator located in the State shall be licensed by the 
                State regulatory entity.
                    (B) Suitability for licensing.--
                            (i) In general.--Provide that before 
                        granting a license to a prospective sports 
                        wagering operator, the State regulatory entity 
                        shall make a determination, based on a 
                        completed background check and investigation, 
                        with respect to whether the prospective sports 
                        wagering operator and any person considered to 
                        be in control of the prospective sports 
                        wagering operator is suitable for license in 
                        accordance with suitability standards 
                        established by the State regulatory entity.
                            (ii) Associates of applicants.--Provide 
                        that if a prospective sports wagering operator 
                        is a corporation, partnership, or other 
                        business entity, a background check and 
                        investigation shall occur with respect to--
                                    (I) the president or other chief 
                                executive of the corporation, 
                                partnership, or other business entity; 
                                and
                                    (II) any other partner or senior 
                                executive and director of the 
                                corporation, partnership, or other 
                                business entity, as determined by the 
                                State regulatory entity.
                            (iii) Background check and investigation.--
                        Establish standards and procedures for 
                        conducting the background checks and 
                        investigations described in this subparagraph.
                    (C) Unsuitability for licensing.--With respect to 
                the suitability standards under subparagraph (B)(i), 
                provide that a prospective sports wagering operator 
                shall not be determined to be suitable for licensing as 
                a sports wagering operator if the prospective sports 
                wagering operator--
                            (i) has failed to provide information and 
                        documentary material for a determination of 
                        suitability for licensing as a sports wagering 
                        operator;
                            (ii) has supplied information which is 
                        untrue or misleading as to a material fact 
                        pertaining to any such determination;
                            (iii) has been convicted of an offense 
                        punishable by imprisonment of more than 1 year;
                            (iv) is delinquent in--
                                    (I) filing any applicable Federal 
                                or State tax returns; or
                                    (II) the payment of any taxes, 
                                penalties, additions to tax, or 
                                interest owed to the United States or a 
                                State;
                            (v) on or after October 13, 2006--
                                    (I) has knowingly participated in, 
                                or should have known the prospective 
                                sports wagering operator was 
                                participating in, an illegal internet 
                                gambling activity, including--
                                            (aa) taking an illegal 
                                        internet wager;
                                            (bb) payment of winnings on 
                                        an illegal internet wager;
                                            (cc) promotion through 
                                        advertising of an illegal 
                                        internet gambling website or 
                                        service; or
                                            (dd) collection of any 
                                        payment on behalf of an entity 
                                        operating an illegal internet 
                                        gambling website; or
                                    (II) has knowingly been owned, 
                                operated, managed, or employed by, or 
                                should have known the prospective 
                                sports wagering operator was owned, 
                                operated, managed, or employed by, any 
                                person who was knowingly participating 
                                in, or should have known the person was 
                                participating in, an illegal internet 
                                gambling activity, including an 
                                activity described in items (aa) 
                                through (dd) of subclause (I);
                            (vi) has--
                                    (I) received any assistance, 
                                financial or otherwise, from a person 
                                who has, before the date of enactment 
                                of this Act, knowingly accepted bets or 
                                wagers from any other person who is 
                                physically present in the United States 
                                in violation of Federal or State law; 
                                or
                                    (II) provided any assistance, 
                                financial or otherwise, to a person who 
                                has, before the date of enactment of 
                                this Act, knowingly accepted bets or 
                                wagers from any other person who is 
                                physically present in the United States 
                                in violation of Federal or State law;
                            (vii) with respect to any other entity that 
                        has accepted a bet or wager from any individual 
                        in violation of United States law, has 
                        purchased or otherwise obtained--
                                    (I) such entity;
                                    (II) a list of the customers of 
                                such entity; or
                                    (III) any other part of the 
                                equipment or operations of such entity; 
                                or
                            (viii) fails to certify in writing, under 
                        penalty of perjury, that the applicant or other 
                        such person, and all affiliated business 
                        entities (including all entities under common 
                        control), during the entire history of such 
                        applicant or other such person and all 
                        affiliated business entities--
                                    (I) have not committed an 
                                intentional felony violation of Federal 
                                or State sports wagering law; and
                                    (II) have used diligence to prevent 
                                any United States person from placing a 
                                sports wager on an internet site in 
                                violation of Federal or State sports 
                                wagering laws.
                    (D) Revocation and suspension.--Establish standards 
                and procedures for suspending or revoking the license 
                of a sports wagering operator.
            (9) Employee background checks.--Provide that a sports 
        wagering operator--
                    (A) shall ensure that each existing and newly hired 
                employee or contractor of the sports wagering operator 
                undergo an annual criminal history background check; 
                and
                    (B) shall not employ or enter into a contract with 
                any individual who has been convicted of a Federal or 
                State crime relating to sports wagering.
            (10) Recordkeeping requirements.--
                    (A) In general.--Except as provided in subparagraph 
                (B), with respect to each sports wager accepted by a 
                sports wagering operator or attempted to be placed by 
                an individual with a sports wagering operator, provide 
                that the sports wagering operator shall secure and 
                maintain a record of the following:
                            (i) The name, permanent address, date of 
                        birth, and social security number or passport 
                        number of the individual who placed, or 
                        attempted to place, the sports wager, which the 
                        sports wagering operator shall verify in 
                        accordance with the requirements for 
                        verification of identity in parts 1010.312 and 
                        1021.312 of title 31, Code of Federal 
                        Regulations (or any successor regulation).
                            (ii) The amount and type of the sports 
                        wager.
                            (iii) The date and time at which the sports 
                        wager was placed or attempted to be placed.
                            (iv) The location at which the sports wager 
                        was placed or attempted to be placed, including 
                        the internet protocol address, if applicable.
                            (v) The outcome of the sports wager.
                    (B) Exception.--Provide that a sports wagering 
                operator shall not be required to maintain a record of 
                the information described in subparagraph (A) if--
                            (i) the sports wager is not placed by an 
                        individual through an account with the sports 
                        wagering operator;
                            (ii) the amount of the sports wager does 
                        not exceed $10,000;
                            (iii) the sports wagering operator and any 
                        officer, employee, or agent of the sports 
                        wagering operator does not have knowledge, or 
                        would not in the ordinary course of business 
                        have reason to have knowledge, that the sports 
                        wager is 1 of multiple sports wagers placed by 
                        an individual or on behalf of an individual 
                        during 1 day that are, in the aggregate, in 
                        excess of $10,000; and
                            (iv) the sports wagering operator is not 
                        required, pursuant to section 31.3402(q)-1 of 
                        title 26, Code of Federal Regulations (or a 
                        successor regulation), to furnish a Form W-2G 
                        to the individual who placed the sports wager 
                        with respect to winnings from the sports wager.
                    (C) Records relating to suspicious transactions.--
                Provide that, in addition to the records required to be 
                maintained pursuant paragraph (A), a sports wagering 
                operator shall be required to maintain any other 
                records relating to a suspicious transaction, including 
                video recordings, in the possession, custody, or 
                control of the sports wagering operator.
                    (D) Duration of recordkeeping obligation.--Provide 
                that a sports wagering operator shall be required to 
                maintain each record required under this paragraph for 
                not fewer than 5 years after the date on which the 
                record is created.
            (11) Data security.--Provide that a sports wagering 
        operator and the State regulatory entity shall take reasonable 
        steps to prevent unauthorized access to, or dissemination of, 
        sports wagering and customer data.
            (12) Real-time information sharing.--Provide that a sports 
        wagering operator shall provide to the State regulatory entity 
        anonymized sports wagering data in real-time or as soon as 
        practicable, but not later than 24 hours, after the time at 
        which a sports wager is accepted by the sports wagering 
        operator.
            (13) Suspicious transaction reporting.--
                    (A) Reporting to state regulatory entity.--Provide 
                that each sports wagering operator located in the State 
                shall promptly report the information described in 
                paragraph (10)(A) for any suspicious transaction to the 
                State regulatory entity, in such manner and accompanied 
                by such additional information as the State regulatory 
                entity may require.
                    (B) Reporting to sports organizations.--
                            (i) In general.--Subject to clause (ii), 
                        provide that a sports wagering operator shall 
                        simultaneously transmit to the applicable 
                        sports organization, and any component of the 
                        Department of Justice or other Federal law 
                        enforcement entity designated by the Attorney 
                        General to receive such reports, any suspicious 
                        transaction report submitted to a State 
                        regulatory entity under subparagraph (A).
                            (ii) Personally identifiable information.--
                                    (I) In general.--Except as provided 
                                in subclause (II), a suspicious 
                                transaction report submitted to a 
                                sports organization shall not contain 
                                any personally identifiable information 
                                relating to any individual who placed, 
                                or attempted to place, a sports wager.
                                    (II) Exception.--A suspicious 
                                transaction report submitted to a 
                                sports organization shall include any 
                                available personally identifiable 
                                information relating to an individual 
                                described in subparagraph (C), (D), or 
                                (E) of paragraph (4).
            (14) Monitoring and enforcement.--
                    (A) In general.--Provide that the State regulatory 
                entity, in consultation with law enforcement, shall 
                develop and implement a strategy to enforce the sports 
                wagering laws of the State.
                    (B) Authority to monitor and enforcement.--Provide 
                adequate authority to the State regulatory entity and 
                law enforcement, as appropriate, to monitor compliance 
                with and enforce the sports wagering laws of the State, 
                including--
                            (i) the authority and responsibility to 
                        conduct periodic audits and inspect the books 
                        and records of each sports wagering operator 
                        located or operating in the State; and
                            (ii) a requirement that the State 
                        regulatory entity shall refer evidence of 
                        potential criminal violations to the 
                        appropriate law enforcement entity.
            (15) Cooperation with investigations.--
                    (A) Sports wagering operators.--Provide that any 
                sports wagering operator located or operating in the 
                State shall cooperate with any lawful investigation 
                conducted by--
                            (i) the State regulatory entity;
                            (ii) Federal or State law enforcement; or
                            (iii) a sports organization, with respect 
                        to a sports wager--
                                    (I) on a sporting event sponsored, 
                                organized, or conducted by the sports 
                                organization;
                                    (II) placed by or on behalf of an 
                                individual described in subparagraph 
                                (C), (D), or (E) of paragraph (4); and
                                    (III) accepted by the sports 
                                wagering operator.
                    (B) State regulatory entity.--Provide that the 
                State regulatory entity shall cooperate with any lawful 
                investigation conducted by--
                            (i) Federal or State law enforcement; or
                            (ii) a sports organization, with respect to 
                        a sports wager--
                                    (I) on a sporting event sponsored, 
                                organized, or conducted by the sports 
                                organization; and
                                    (II) accepted by a sports wagering 
                                operator located or operating in the 
                                State.
            (16) Internal controls.--
                    (A) In general.--Provide that each sports wagering 
                operator shall devise and maintain a system of internal 
                controls sufficient to provide reasonable assurances 
                that sports wagers are accepted in accordance with all 
                applicable laws, regulations, and policies.
                    (B) Minimum standards.--Provide that the State 
                regulatory entity shall adopt and publish minimum 
                standards for internal control procedures.
                    (C) Report.--Provide that each sports wagering 
                operator shall submit to the State regulatory entity 
                not less frequently than annually the written system of 
                internal controls of the sports wagering operator.
                    (D) Audit.--Provide that system of internal 
                controls of a sports wagering operator shall be 
                evaluated on a periodic basis, but not less frequently 
                than every 3 years, by the State regulatory entity or 
                an independent third-party auditor.

               TITLE II--PUBLIC HEALTH IN SPORTS BETTING

SEC. 201. ANNUAL NATIONWIDE SURVEY ON ONLINE SPORTS BETTING.

    Part D of title V of the Public Health Service Act (42 U.S.C. 290dd 
et seq.) is amended by adding at the end the following:

``SEC. 553. ANNUAL NATIONWIDE SURVEY ON ONLINE SPORTS BETTING.

    ``(a) In General.--Not later than 1 year after the date of 
enactment of this section, and annually thereafter, the Secretary 
shall--
            ``(1) conduct a nationwide survey designed to provide 
        quantitative data regarding the scope of problem gambling and 
        gambling-related harm experienced by individuals using online 
        sports betting; and
            ``(2) make available to the public summaries and analyses 
        of the data collected pursuant to surveys under paragraph (1).
    ``(b) Issues To Be Surveyed.--Each survey under subsection (a) 
shall include--
            ``(1) a survey of the rates and outcomes of online sports 
        betting; and
            ``(2) examination of the rates of potential problem 
        gambling and gambling-related harm by administering the Problem 
        Gambling Severity Index (Ferris and Wynne, 2001) to a select 
        sample of individuals engaged in online sports betting over the 
        12-month period covered by the survey.
    ``(c) Requirements.--The Secretary shall ensure that each survey 
under subsection (a) is--
            ``(1) conducted by qualified researchers; and
            ``(2) not conducted, funded, or instructed by the gambling 
        industry.''.

SEC. 202. NATIONAL SELF-EXCLUSION LIST.

    Part D of title V of the Public Health Service Act (42 U.S.C. 290dd 
et seq.), as amended by section 201, is further amended by adding at 
the end the following:

``SEC. 553A. NATIONAL SELF-EXCLUSION LIST.

    ``(a) In General.--In cooperation with State regulatory entities, 
the Secretary shall maintain and administer--
            ``(1) a list (to be known as the `national self-exclusion 
        list') of individuals who, by placing themselves on the list, 
        restrict themselves from placing a sports wager with a sports 
        wagering operator located in any sports wagering opt-in State, 
        including by imposing sports wager limits; and
            ``(2) a process by which an individual may add or remove 
        himself or herself from the national self-exclusion list.
    ``(b) Definitions.--In this section, the terms `sports wager', 
`sports wagering operator' and `sports wagering opt-in State' have the 
meanings given to such terms in section 2 of the Supporting 
Affordability and Fairness with Every Bet Act.''.

SEC. 203. SURGEON GENERAL'S REPORT ON PUBLIC HEALTH CHALLENGES 
              ASSOCIATED WITH SPORTS BETTING.

    Not later than 1 year after the date of enactment of this Act, the 
Surgeon General shall submit a report to Congress on the public health 
challenges associated with widespread sports betting.

SEC. 204. SURVEILLANCE OF GAMBLING DISORDER.

    Title III of the Public Health Service Act is amended by inserting 
after section 317V (42 U.S.C. 247b-24) the following:

``SEC. 317W. SURVEILLANCE OF GAMBLING ADDICTION.

    ``(a) In General.--The Secretary, acting through the Director of 
the Centers for Disease Control and Prevention and in coordination with 
other appropriate agencies, shall, as appropriate--
            ``(1) enhance and expand infrastructure and activities to 
        track the epidemiology of gambling addiction; and
            ``(2) incorporate information obtained through such 
        infrastructure and activities into an integrated surveillance 
        system, which may consist of or include a registry, to be known 
        as the `National Gambling Addiction Surveillance System'.
    ``(b) Research.--The Secretary shall ensure that the National 
Gambling Addiction Surveillance System, if established, is designed in 
a manner that facilitates further research on gambling addiction.
    ``(c) Public Access.--Subject to subsection (d), the Secretary 
shall ensure that information and analysis in the National Gambling 
Addiction Surveillance System, if established, are available, as 
appropriate, to the public, including researchers.
    ``(d) Privacy.--The Secretary shall ensure that information and 
analysis in the National Gambling Addiction Surveillance System, if 
established, are made available only to the extent permitted by 
applicable Federal and State law, and in a manner that protects 
personal privacy, to the extent required by applicable Federal and 
State privacy law, at a minimum.''.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. STATE AND TRIBAL AUTHORITY.

    (a) Relation to Indian Gaming Regulatory Act.--
            (1) In general.--For purposes of the Indian Gaming 
        Regulatory Act (25 U.S.C. 2701 et seq.), a sports wager made 
        through an interactive sports wagering platform shall be deemed 
        to be made at the physical location of the server or other 
        equipment used to accept the sports wager.
            (2) Server on indian lands.--With respect to a sports wager 
        described in paragraph (1) accepted through a server or other 
        equipment located on Indian lands, the sports wager shall be 
        considered to be exclusively occurring on Indian lands if--
                    (A) the sports wager and the server are in the same 
                State; and
                    (B) the applicable State and Indian Tribe have 
                entered into a Tribal-State compact authorizing the 
                placing of sports wagers through interactive sports 
                wagering platforms.
    (b) No Preemption.--Nothing in this Act preempts or limits the 
authority of a State or an Indian Tribe to enact, adopt, promulgate, or 
enforce any law, rule, regulation, or other measure with respect to 
sports wagering that is in addition to, or more stringent than, the 
requirements of this Act.
    (c) Taxation of Sports Wagering.--Nothing in this Act limits or 
otherwise affects the taxation of sports wagering by a State, an Indian 
Tribe, or a locality.

SEC. 302. SEVERABILITY.

    If a provision of this Act, an amendment made by this Act, a 
regulation promulgated under this Act or under an amendment made by 
this Act, or the application of any such provision, amendment, or 
regulation to any person or circumstance, is held to be invalid, the 
remaining provisions of this Act, amendments made by this Act, 
regulations promulgated under this Act or under an amendment made by 
this Act, or the application of such provisions, amendments, and 
regulations to any person or circumstance--
            (1) shall not be affected by the invalidity; and
            (2) shall continue to be enforced to the maximum extent 
        practicable.
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