II

106TH CONGRESS

1ST SESSION S. 692

To prohibit Internet gambling, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 23, 1999

Mr. KYL (for himself and Mr. BRYAN) introduced the following bill; which was

read twice and referred to the Committee on the Judiciary

A BILL

To prohibit Internet gambling, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Internet Gambling

5 Prohibition Act of 1999’’.

6 SEC. 2. PROHIBITION ON INTERNET GAMBLING.

7 (a) IN GENERAL.—Chapter 50 of title 18, United

8 States Code, is amended by adding at the end the fol9 lowing:

10 ‘‘§ 1085. Internet gambling

11 ‘‘(a) DEFINITIONS.—In this section:
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1 ‘‘(1) BETS OR WAGERS.—The term ‘bets or

2 wagers’—

3 ‘‘(A) means the staking or risking by any

4 person of something of value upon the outcome

5 of a contest of others, a sporting event, or a

6 game of chance, upon an agreement or under7 standing that the person or another person will

8 receive something of value based on that out9 come;

10 ‘‘(B) includes the purchase of a chance or

11 opportunity to win a lottery or other prize

12 (which opportunity to win is predominantly sub13 ject to chance);

14 ‘‘(C) includes any scheme of a type de15 scribed in section 3702 of title 28, United

16 States Code; and

17 ‘‘(D) does not include—

18 ‘‘(i) a bona fide business transaction

19 governed by the securities laws (as that

20 term is defined in section 3(a)(47) of the

21 Securities Exchange Act of 1934 (15

22 U.S.C. 78c(a)(47))) for the purchase or

23 sale at a future date of securities (as that

24 term is defined in section 3(a)(10) of the
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1 Securities Exchange Act of 1934 (15

2 U.S.C. 78c(a)(10)));

3 ‘‘(ii) a transaction on or subject to the

4 rules of a contract market designated pur5 suant to section 5 of the Commodity Ex6 change Act (7 U.S.C. 7);

7 ‘‘(iii) a contract of indemnity or guar8 antee; or

9 ‘‘(iv) a contract for life, health, or ac10 cident insurance.

11 ‘‘(2) CLOSED-LOOP SUBSCRIBER-BASED SERV12 ICE.—The term ‘closed-loop subscriber-based service’

13 means any information service or system that uses—

14 ‘‘(A) a device or combination of devices—

15 ‘‘(i) expressly authorized and operated

16 in accordance with the laws of a State, ex17 clusively for placing, receiving, or otherwise

18 making a bet or wager described in sub19 section (d)(1)(B); and

20 ‘‘(ii) by which a person located within

21 any State must subscribe to be authorized

22 to place, receive, or otherwise make a bet

23 or wager, and must be physically located

24 within that State in order to be authorized

25 to do so;
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1 ‘‘(B) an effective customer verification and

2 age verification system, expressly authorized

3 and operated in accordance with the laws of the

4 State in which it is located, to ensure that all

5 applicable Federal and State legal and regu6 latory requirements for lawful gambling are

7 met; and

8 ‘‘(C) appropriate data security standards

9 to prevent unauthorized access by any person

10 who has not subscribed or who is a minor.

11 ‘‘(3) FOREIGN JURISDICTION.—The term ‘for12 eign jurisdiction’ means a jurisdiction of a foreign

13 country or political subdivision thereof.

14 ‘‘(4) GAMBLING BUSINESS.—The term ‘gam15 bling business’ means a business that is conducted

16 at a gambling establishment, or that—

17 ‘‘(A) involves—

18 ‘‘(i) the placing, receiving, or other19 wise making of bets or wagers; or

20 ‘‘(ii) the offering to engage in the

21 placing, receiving, or otherwise making of

22 bets or wagers;

23 ‘‘(B) involves 1 or more persons who con24 duct, finance, manage, supervise, direct, or own

25 all or part of such business; and
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1 ‘‘(C) has been or remains in substantially

2 continuous operation for a period in excess of

3 10 days or has a gross revenue of $2,000 or

4 more from such business during any 24-hour

5 period.

6 ‘‘(5) INFORMATION ASSISTING IN THE PLACING

7 OF A BET OR WAGER.—The term ‘information as8 sisting in the placing of a bet or wager’—

9 ‘‘(A) means information that is intended

10 by the sender or recipient to be used by a per11 son engaged in the business of betting or wa12 gering to accept or place a bet or wager; and

13 ‘‘(B) does not include—

14 ‘‘(i) information concerning pari15 mutuel pools that is exchanged exclusively

16 between or among 1 or more racetracks or

17 other parimutuel wagering facilities li18 censed by the State or approved by the for19 eign jurisdiction in which the facility is lo20 cated, and 1 or more parimutuel wagering

21 facilities licensed by the State or approved

22 by the foreign jurisdiction in which the fa23 cility is located, if that information is used

24 only to conduct common pool parimutuel

25 pooling under applicable law;
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1 ‘‘(ii) information exchanged exclu2 sively between or among 1 or more race3 tracks or other parimutuel wagering facili4 ties licensed by the State or approved by

5 the foreign jurisdiction in which the facility

6 is located, and a support service located in

7 another State or foreign jurisdiction, if the

8 information is used only for processing

9 bets or wagers made with that facility

10 under applicable law;

11 ‘‘(iii) information exchanged exclu12 sively between or among 1 or more wager13 ing facilities that are located within a sin14 gle State and are licensed and regulated by

15 that State, and any support service, wher16 ever located, if the information is used only

17 for the pooling or processing of bets or wa18 gers made by or with the facility or facili19 ties under applicable State law;

20 ‘‘(iv) any news reporting or analysis

21 of wagering activity, including odds, racing

22 or event results, race and event schedules,

23 or categories of wagering; or

24 ‘‘(v) any posting or reporting of any

25 educational information on how to make a
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1 bet or wager or the nature of betting or

2 wagering.

3 ‘‘(6) INTERACTIVE COMPUTER SERVICE.—The

4 term ‘interactive computer service’ means any infor5 mation service, system, or access software provider

6 that uses a public communication infrastructure or

7 operates in interstate or foreign commerce to provide

8 or enable computer access by multiple users to a

9 computer server, including specifically a service or

10 system that provides access to the Internet.

11 ‘‘(7) INTERNET.—The term ‘Internet’ means

12 the international computer network of both Federal

13 and non-Federal interoperable packet switched data

14 networks.

15 ‘‘(8) PERSON.—The term ‘person’ means any

16 individual, association, partnership, joint venture,

17 corporation, State or political subdivision thereof,

18 department, agency, or instrumentality of a State or

19 political subdivision thereof, or any other govern20 ment, organization, or entity (including any govern21 mental entity (as defined in section 3701(2) of title

22 28, United States Code)).

23 ‘‘(9) PRIVATE NETWORK.—The term ‘private

24 network’ means a communications channel or chan-
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1 nels, including voice or computer data transmission

2 facilities, that use either—

3 ‘‘(A) private dedicated lines; or

4 ‘‘(B) the public communications infrastruc5 ture, if the infrastructure is secured by means

6 of the appropriate private communications tech7 nology to prevent unauthorized access.

8 ‘‘(10) STATE.—The term ‘State’ means a State

9 of the United States, the District of Columbia, the

10 Commonwealth of Puerto Rico, or a commonwealth,

11 territory, or possession of the United States.

12 ‘‘(11) SUBSCRIBER.—The term ‘subscriber’—

13 ‘‘(A) means any person with a business re14 lationship with the interactive computer service

15 provider through which such person receives ac16 cess to the system, service, or network of that

17 provider, even if no formal subscription agree18 ment exists; and

19 ‘‘(B) includes registrants, students who are

20 granted access to a university system or net21 work, and employees who are granted access to

22 the system or network of their employer.

23 ‘‘(b) GAMBLING BUSINESSES.—

24 ‘‘(1) PROHIBITION.—Subject to subsection (d),

25 it shall be unlawful for a person engaged in a gam-
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1 bling business to use the Internet or any other inter2 active computer service—

3 ‘‘(A) to place, receive, or otherwise make a

4 bet or wager; or

5 ‘‘(B) to send, receive, or invite information

6 assisting in the placing of a bet or wager.

7 ‘‘(2) PENALTIES.—A person engaged in a gam8 bling business who violates paragraph (1) shall be—

9 ‘‘(A) fined in an amount equal to not more

10 than the greater of—

11 ‘‘(i) the amount that such person re12 ceived in bets or wagers as a result of en13 gaging in that business in violation of this

14 subsection; or

15 ‘‘(ii) $20,000;

16 ‘‘(B) imprisoned not more than 4 years; or

17 ‘‘(C) both.

18 ‘‘(c) PERMANENT INJUNCTIONS.—Upon conviction of

19 a person under this section, the court may, as an addi20 tional penalty, enter a permanent injunction enjoining the

21 transmission of bets or wagers or information assisting in

22 the placing of a bet or wager.

23 ‘‘(d) APPLICABILITY.—

24 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

25 the prohibition in this section does not apply to—
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1 ‘‘(A) any otherwise lawful bet or wager

2 that is placed, received, or otherwise made

3 wholly intrastate for a State lottery, or for a

4 multi-State lottery operated jointly between 2

5 or more States in conjunction with State lot6 teries if—

7 ‘‘(i) each such lottery is expressly au8 thorized, and licensed or regulated, under

9 applicable State law;

10 ‘‘(ii) the bet or wager is placed on an

11 interactive computer service that uses a

12 private network;

13 ‘‘(iii) each person placing or otherwise

14 making that bet or wager is physically lo15 cated when such bet or wager is placed at

16 a facility that is open to the general public;

17 and

18 ‘‘(iv) each such lottery complies with

19 sections 1301 through 1304 of title 18,

20 United States Code, and other applicable

21 provisions of Federal law;

22 ‘‘(B) any otherwise lawful bet or wager

23 that is placed, received, or otherwise made on

24 an interstate or intrastate basis on a live horse

25 race, or the sending, receiving, or inviting of in-
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1 formation assisting in the placing of such a bet

2 or wager, if such bet or wager, or the trans3 mission of such information, as applicable, is—

4 ‘‘(i) expressly authorized, and licensed

5 or regulated by the State in which such bet

6 or wager is received, under applicable Fed7 eral and such State’s laws;

8 ‘‘(ii) placed on a closed-loop sub9 scriber-based service;

10 ‘‘(iii) initiated from a State in which

11 betting or wagering on that same type of

12 live horse racing is lawful and received in

13 a State in which such betting or wagering

14 is lawful;

15 ‘‘(iv) subject to the regulatory over16 sight of the State in which the bet or

17 wager is received and subject by such

18 State to minimum control standards for

19 the accounting, regulatory inspection, and

20 auditing of all such bets or wagers trans21 mitted from 1 State to another; and

22 ‘‘(v) made in accordance with the

23 Interstate Horse Racing Act of 1978 (15

24 U.S.C. 3001 et seq.); or
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1 ‘‘(C) any otherwise lawful bet or wager

2 that is placed, received, or otherwise made for

3 a fantasy sports league game or contest.

4 ‘‘(2) INAPPLICABILITY TO BETS OR WAGERS

5 MADE BY AGENTS OR PROXIES.—

6 ‘‘(A) IN GENERAL.—Paragraph (1)(A)

7 does not apply in any case in which a bet or

8 wager is placed, received, or otherwise made by

9 the use of an agent or proxy using the Internet

10 or an interactive computer service.

11 ‘‘(B) RULE OF CONSTRUCTION.—Nothing

12 in this paragraph may be construed to prohibit

13 the owner operator of a parimutuel wagering

14 facility that is licensed by a State from employ15 ing an agent in the operation of the account

16 wagering system owned or operated by the pari17 mutuel facility.’’.

18 (b) TECHNICAL AMENDMENT.—The analysis for

19 chapter 50 of title 18, United States Code, is amended

20 by adding at the end the following:

‘‘1085. Internet gambling.’’.

21 SEC. 3. CIVIL REMEDIES.

22 (a) IN GENERAL.—

23 (1) JURISDICTION.—The district courts of the

24 United States shall have original, exclusive, and con25 tinuing jurisdiction to prevent and restrain violations
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1 of section 1085 of title 18, United States Code, as

2 added by section 2 of this Act, by issuing appro3 priate orders in accordance with this section, regard4 less of whether a prosecution has been initiated

5 under that section.

6 (2) PROCEEDINGS.—

7 (A) INSTITUTION BY FEDERAL GOVERN8 MENT.—

9 (i) IN GENERAL.—The United States

10 may institute proceedings under this sub11 section to prevent or restrain a violation of

12 section 1085 of title 18, United States

13 Code.

14 (ii) RELIEF.—Upon application of the

15 United States under this subparagraph,

16 the district court may enter a temporary

17 restraining order or an injunction against

18 any person to prevent a violation of section

19 1085 of title 18, United States Code, if the

20 court determines, after notice and an op21 portunity for a hearing, that there is a

22 substantial probability that such violation

23 has occurred or will occur.

24 (B) INSTITUTION BY STATE ATTORNEY

25 GENERAL.—
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1 (i) IN GENERAL.—The attorney gen2 eral of a State (or other appropriate State

3 official) in which a violation of section

4 1085 of title 18, United States Code, is al5 leged to have occurred, or may occur, after

6 providing written notice to the United

7 States, may institute proceedings under

8 this subsection to prevent or restrain the

9 violation, unless the United States has ex10 clusive jurisdiction over the violation under

11 Federal law.

12 (ii) RELIEF.—Upon application of the

13 attorney general (or other appropriate

14 State official) of an affected State under

15 this subparagraph, the district court may

16 enter a temporary restraining order or an

17 injunction against any person to prevent a

18 violation of section 1085 of title 18, United

19 States Code, if the court determines, after

20 notice and an opportunity for a hearing,

21 that there is a substantial probability that

22 such violation has occurred or will occur.

23 (C) EXPIRATION.—Any temporary re24 straining order or preliminary injunction en25 tered pursuant to subparagraph (A) or (B)
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1 shall expire if, and as soon as, the United

2 States, or the attorney general (or other appro3 priate State official) of the State, as applicable,

4 notifies the court that issued the injunction that

5 the United States or the State, as applicable,

6 will not seek a permanent injunction.

7 (3) EXPEDITED PROCEEDINGS.—

8 (A) IN GENERAL.—In addition to any pro9 ceeding under paragraph (2), a district court

10 may enter a temporary restraining order

11 against a person alleged to be in violation of

12 section 1085 of title 18, United States Code,

13 upon application of the United States under

14 paragraph (2)(A) of this subsection, or the at15 torney general (or other appropriate State offi16 cial) of an affected State under paragraph

17 (2)(B) of this subsection, without notice and

18 the opportunity for a hearing, if the United

19 States or the State, as applicable, demonstrates

20 that there is probable cause to believe that the

21 use of the Internet or other interactive com22 puter service at issue violates section 1085 of

23 title 18, United States Code.
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1 (B) EXPIRATION.—A temporary restrain2 ing order entered under this paragraph shall ex3 pire on the earlier of—

4 (i) the expiration of the 30-day period

5 beginning on the date on which the order

6 is entered; or

7 (ii) the date on which a preliminary

8 injunction is granted or denied.

9 (C) HEARINGS.—A hearing requested con10 cerning an order entered under this paragraph

11 shall be held at the earliest practicable time.

12 (b) INTERACTIVE COMPUTER SERVICE PRO13 VIDERS.—

14 (1) ELIGIBILITY.—For purposes of this sub15 section, an interactive computer service provider is

16 described in this paragraph only if the provider has

17 established and reasonably implements a policy that

18 provides for the termination of the account of a sub19 scriber of the service system or network of the pro20 vider upon the receipt by the provider of a notice de21 scribed in paragraph (4)(B).

22 (2) USE OF FACILITIES OR SERVICES.—Nothing

23 in section 1085 of title 18, United States Code, may

24 be constructed to impose, or to provide any basis

25 for, liability against an interactive computer service
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1 provider described in paragraph (1) whose facilities

2 or services are used by another person to engage in

3 an activity prohibited by that section—

4 (A) arising out of any transmitting, rout5 ing, or providing of connections for the material

6 or activity (including intermediate and tem7 porary storage in the course of such transmit8 ting, routing, or providing connections) by the

9 provider, if—

10 (i) the material or activity was initi11 ated by or at the direction of a person

12 other than the provider;

13 (ii) the transmitting, routing, or pro14 viding of connections is carried out

15 through an automatic process without se16 lection of the material or activity by the

17 provider;

18 (iii) the provider does not select the

19 recipients of the material or activity, ex20 cept as an automatic response to the re21 quest of another person; and

22 (iv) the material or activity is trans23 mitted through the system or network of

24 the provider without modification of its

25 content; or
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1 (B) with respect to material or activity at

2 an online site residing on a computer server

3 owned, controlled, or operated by or for the pro4 vider, unless the provider fails to comply within

5 a reasonable time with a notification under

6 paragraph (4) with respect to the particular

7 material or activity at issue.

8 (3) PROTECTION OF PRIVACY.—Nothing in this

9 section or in section 1085 of title 18, United States

10 Code, may be construed to impose or authorize an

11 obligation on an interactive computer service de12 scribed in paragraph (1) to—

13 (A) monitor material or use of its service;

14 or

15 (B) except as required by an order of a

16 court, to gain access to, to remove, or to disable

17 access to material in any case in which such

18 conduct is prohibited by law.

19 (4) NOTICE TO INTERACTIVE COMPUTER SERV20 ICE PROVIDERS.—

21 (A) IN GENERAL.—If an interactive com22 puter service provider receives from a Federal

23 or State law enforcement agency, acting within

24 its jurisdiction, a written or electronic notice

25 described in subparagraph (B), that a par-
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1 ticular online site residing on a computer server

2 owned, controlled, or operated by or for the pro3 vider is being used to violate section 1085 of

4 title 18, United States Code, the provider shall

5 not be liable under any Federal or State law if,

6 in a reasonably expeditious manner—

7 (i) the provider removes or disables

8 access to the material or activity residing

9 at that online site that allegedly violates

10 that section; or

11 (ii) if the provider does not own, oper12 ate, or control the site at which the subject

13 material or activity resides, the provider

14 notifies the Federal or State law enforce15 ment agency that—

16 (I) the provider is not the proper

17 recipient of such notice; and

18 (II) upon receipt of a subpoena,

19 the provider will cooperate with the

20 Federal or State law enforcement

21 agency in identifying the person or

22 persons who control the site.

23 (B) NOTICE.—A notice is described in this

24 subparagraph if it—
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1 (i) identifies the material or activity

2 that allegedly violates section 1085 of title

3 18, United States Code;

4 (ii) provides information reasonably

5 sufficient to permit the provider to locate

6 the material or activity;

7 (iii) is supplied to any agent of a pro8 vider designated under section 512 of title

9 17, United States Code, if information re10 garding such designation is readily avail11 able to the public; and

12 (iv) provides information that is rea13 sonably sufficient to permit the provider to

14 contact the law enforcement agency that

15 issued the notice, including—

16 (I) the name of the law enforce17 ment agency; and

18 (II) the name and telephone

19 number of an individual to contact at

20 the law enforcement agency, and, if

21 available, the electronic mail address

22 of that individual.

23 (5) INJUNCTIVE RELIEF.—

24 (A) IN GENERAL.—Except as provided in

25 subparagraph (B), a Federal or State law en-
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1 forcement agency acting within its jurisdiction,

2 may, following the issuance of a notice to an

3 interactive computer service provider under

4 paragraph (4), in a civil action, obtain an in5 junction or other appropriate relief to prevent

6 the use of the interactive computer service in

7 violation of Federal or State law.

8 (B) OTHER LIMITATIONS.—In the case of

9 any application for an injunction against an

10 interactive computer service provider to prevent

11 a violation of section 1085 of title 18, United

12 States Code—

13 (i) arising out of the transmitting,

14 routing, or providing of connections by the

15 provider for material or activity that is

16 prohibited by section 1085 of title 18,

17 United States Code, or performing the in18 termediate and temporary storage of such

19 material or activity in the course of such

20 transmitting, routing, or providing of con21 nections, the injunctive relief is limited

22 to—

23 (I) an order restraining the pro24 vider from providing access to an

25 identified subscriber of the system or
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1 network of the interactive computer

2 service provider, who is using that ac3 cess to violate section 1085 of title 18,

4 United States Code (or whose use of

5 that access involves a violation of sec6 tion 1085 of title 18, United States

7 Code, by another person), by termi8 nating the specified account of that

9 subscriber; and

10 (II) an order restraining the pro11 vider from providing access, by taking

12 reasonable steps specified in the order

13 to block access, to a specific, identi14 fied, foreign online location;

15 (ii) with respect to conduct other than

16 that which qualifies for the limitation on

17 remedies set forth in clause (i), the injunc18 tive relief is limited to—

19 (I) an order restraining the pro20 vider from providing access to a mate21 rial or activity that violates section

22 1085 of title 18, United States Code,

23 at a particular online site residing on

24 a computer server, owned, operated,

25 or controlled by the provider;
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1 (II) an order restraining the pro2 vider from providing access to a sub3 scriber of the system or network of

4 the interactive computer service, who

5 is identified in the order and who is

6 using such service in violation of sec7 tion 1085 of title 18, United States

8 Code, by terminating the specified ac9 count of that subscriber; or

10 (III) such other injunctive rem11 edies as the court considers necessary

12 to prevent or restrain access to speci13 fied material or activity that is pro14 hibited by section 1085 of title 18,

15 United States Code, at a particular

16 online location residing on a computer

17 server owned, operated, or controlled

18 by the provider, that are the least

19 burdensome to the provider among the

20 forms of relief that are comparably ef21 fective for that purpose.

22 (C) CONSIDERATIONS.—The court, in de23 termining appropriate injunctive relief under

24 this paragraph, shall consider—
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1 (i) whether such an injunction, either

2 alone or in combination with other such in3 junctions issued against the same provider

4 (under section 1085 of title 18, United

5 States Code, or under this section) would

6 significantly burden either the provider or

7 the operation of the system or network of

8 the provider;

9 (ii) whether implementation of such

10 an injunction would be technically feasible

11 and effective, and would not unreasonably

12 interfere with access to lawful material at

13 other online locations;

14 (iii) whether other less burdensome

15 and comparably effective means of pre16 venting or restraining access to the illegal

17 material or activity are available; and

18 (iv) the magnitude of the harm likely

19 to be suffered by the community if the in20 junction is not granted.

21 (D) NOTICE AND EX PARTE ORDERS.—In22 junctive relief under this paragraph shall not be

23 available without notice to the service provider

24 and an opportunity for such provider to appear

25 before the court, except for orders ensuring the
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1 preservation of evidence or other orders having

2 no material adverse effect on the operation of

3 the communications network of the service pro4 vider.

5 (6) EFFECT ON OTHER LAW.—

6 (A) PREEMPTION OF STATE LAW.—An

7 interactive computer service provider described

8 in paragraph (1) shall not be liable under any

9 State law prohibiting or regulating gambling, or

10 subject to any injunctive relief under any such

11 State law, in connection with the use of the

12 interactive computer service of that provider by

13 any person in interstate or affecting commerce.

14 (B) IMMUNITY FROM LIABILITY.—In the

15 absence of fraud or bad faith, an interactive

16 computer service provider described in para17 graph (1) shall not be liable for any damages,

18 penalty, or forfeiture, civil or criminal, under

19 Federal or State law for—

20 (i) taking any action described in

21 paragraph (1) or paragraph 4(A) to com22 ply with a notice described in paragraph

23 (4)(B); or

24 (ii) complying with any court order

25 issued under paragraph (5).
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1 (c) RELATIONSHIP TO OTHER REMEDIES.—

2 (1) IN GENERAL.—Except as provided in sub3 section (b)(6), nothing in this section may be con4 strued to affect any remedy under section 1085 of

5 title 18, United States Code, or under any other

6 provision of Federal or State law.

7 (2) AVAILABILITY OF RELIEF.—The availability

8 of relief under this section shall not depend on, or

9 be affected by, the initiation or resolution of any ac10 tion under section 1085 of title 18, United States

11 Code, or under any other provision of Federal or

12 State law.

13 SEC. 4. RULE OF CONSTRUCTION.

14 Except as provided in section 3(b)(6) of this Act,

15 nothing in this Act or in section 1085 of title 18, United

16 States Code, as added by section 2 of this Act, may be

17 construed otherwise to affect any prohibition or remedy

18 relating to gambling that is imposed under any other pro19 vision of Federal or State law.

20 SEC. 5. REPORT ON ENFORCEMENT.

21 Not later than 3 years after the date of enactment

22 of this Act, the Attorney General shall submit to Congress

23 a report, which shall include—
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1 (1) an analysis of the problems, if any, associ2 ated with enforcing section 1085 of title 18, United

3 States Code, as added by section 2 of this Act;

4 (2) recommendations for the best use of the re5 sources of the Department of Justice to enforce that

6 section; and

7 (3) an estimate of the amount of activity and

8 money being used to gamble on the Internet.

9 SEC. 6. SEVERABILITY.

10 If any provision of this Act, an amendment made by

11 this Act, or the application of such provision or amend12 ment to any person or circumstance is held to be uncon13 stitutional, the remainder of this Act, the amendments

14 made by this Act, and the application of the provisions

15 of such to any person or circumstance shall not be affected

16 thereby.

Æ