‘‘(2) 
PERMISSIBLE
LOCATION.—Appropriate 
safeguards to ensure that the individual placing a bet 
or wager is physically located in a jurisdiction that 
permits Internet gambling at the time the bet or 
wager is placed. 
‘‘(3) COLLECTION OF CUSTOMER TAXES.—Appro-
priate mechanisms to ensure that all taxes relating to 
Internet gambling from persons engaged in Internet 
gambling are collected at the time of any payment of 
any proceeds of Internet gambling. 
‘‘(4) COLLECTION OF TAXES OF LICENSEE.—Ap-
propriate mechanisms to ensure that all taxes relating 
to Internet gambling from any licensee are collected 
and disbursed as required by law, and that adequate 
records to enable later audit or verification are main-
tained. 
‘‘(5) SAFEGUARDS AGAINST FINANCIAL CRIME.— 
Appropriate safeguards to combat fraud, money laun-
dering, and terrorist finance. 
‘‘(6) SAFEGUARDS
AGAINST
COMPULSIVE
GAM-
BLING.—Appropriate safeguards to combat compul-
sive Internet gambling. 
‘‘(7) PRIVACY SAFEGUARDS.—Appropriate safe-
guards to protect the privacy and security of any per-
son engaged in Internet gambling. 
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‘‘(8) PAYMENT OF ASSESSMENTS.—Appropriate 
mechanisms to ensure that any assessment under sub-
section (e) is paid to the Secretary. 
‘‘(9) OTHER
REQUIREMENTS.—Such other re-
quirements as the Secretary may establish by regula-
tion or order. 
‘‘(h) TERM AND RENEWAL OF LICENSE.— 
‘‘(1) TERM.—Any license issued under this sec-
tion shall be issued for a 5-year term beginning on 
the date of issuance. 
‘‘(2) RENEWAL.—Licenses may be renewed in ac-
cordance with the requirements prescribed by the Sec-
retary pursuant to this subchapter. 
‘‘(i) REVOCATION OF LICENSE.— 
‘‘(1) IN GENERAL.—Any license granted under 
this subchapter may be revoked by the Secretary if— 
‘‘(A) the licensee fails to comply with any 
provision of this subchapter; 
‘‘(B) the licensee is determined to be unsuit-
able for licensing, within the meaning of this 
subchapter; or 
‘‘(C) the licensee is determined to be tar-
geting marketing or advertising materials at in-
dividuals who are not of legal age to place a bet 
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or wager, as defined by the law of the State or 
tribal area in which the individuals are located. 
‘‘(2) FINAL ACTION.—Any revocation of a license 
under paragraph (1) shall be treated as a final action 
by the Secretary. 
‘‘(j) REGULATIONS.—The regulations prescribed by the 
Secretary under this subchapter shall include regulations 
to fully implement— 
‘‘(1) safeguards required for licensees under sub-
section (g); and 
‘‘(2) the requirements for programs relating to 
the Problem Gambling, Responsible Gambling, and 
Self-Exclusion Program under section 5384. 
‘‘(k) ADMINISTRATIVE PROVISIONS.— 
‘‘(1) GENERAL POWERS OF SECRETARY.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
have the authority to engage in the following: 
‘‘(i) Investigate the suitability of each 
licensee to ensure compliance with this sub-
chapter and regulations prescribed under 
this subchapter. 
‘‘(ii) Require licensees to maintain ap-
propriate procedures to ensure compliance 
with this subchapter and regulations pre-
scribed under this subchapter. 
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‘‘(iii) Require licensees to maintain 
substantial facilities involved with the proc-
essing of bets or wagers from the United 
States within the United States. 
‘‘(iv) Require that a majority of all of 
the employees of the applicant or licensee, 
and of its affiliated business entities, be 
residents or citizens of the United States. 
All entities under common control shall be 
considered affiliated business entities for the 
purposes of this subparagraph. 
‘‘(v) Require licensees to maintain in 
the United States all facilities that are es-
sential to the regulation of bets or wagers 
placed from the United States at a location 
that is accessible to the appropriate regu-
latory personnel at all times. 
‘‘(vi) Examine any licensee and any 
books, papers, records, or other data of li-
censees relevant to any recordkeeping or re-
porting requirements imposed by the Sec-
retary under this subchapter. 
‘‘(vii) Require licensees to maintain all 
facilities within the United States for proc-
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essing of bets or wagers made or placed 
from the United States. 
‘‘(viii) When determined by the Sec-
retary to be necessary, summon a licensee or 
an applicant for a license, an officer or em-
ployee of a licensee or any such applicant 
(including a former officer or employee), or 
any person having possession, custody, or 
care of the reports and records required by 
the Secretary under this subchapter, to ap-
pear before the Secretary or a designee of 
the Secretary at a time and place named in 
the summons and to produce such books, pa-
pers, records, or other data, and to give tes-
timony, under oath, as may be relevant or 
material to any investigation in connection 
with the enforcement of this subchapter or 
any application for a license under this 
subchapter. 
‘‘(ix) Investigate any violation of this 
subchapter and any regulation under this 
subchapter and any other violation of law 
relating to the operation of an Internet 
gambling facility. 
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‘‘(x) Conduct continuing reviews of ap-
plicants and licensees and the operation of 
Internet gambling facilities by use of tech-
nological means, onsite observation of facili-
ties, including servers, or other reasonable 
means to assure compliance with this sub-
chapter and any regulations promulgated 
hereunder. 
‘‘(xi) Prohibit inappropriate adver-
tising practices by licensees, including unso-
licited emails targeting members of vulner-
able populations, including problem gam-
blers and minors, or Internet advertising 
linked to search terms associated with chil-
dren, problem gamblers, or other topics 
deemed inappropriate. 
‘‘(B) EFFECT
OF
WTO
RULING.—Clauses 
(iii) and (iv) of subparagraph (A) shall cease to 
have effect if a tribunal of the World Trade Or-
ganization of final arbitration rules that the im-
plementation of such clauses would violate the 
trade commitments of the United States under 
the World Trade Organization. 
‘‘(2) CONSULTATION WITH INDIAN TRIBES.—In 
implementing this subchapter, the Secretary shall 
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conduct meaningful consultation with Indian tribes 
regarding all aspects of this subchapter which affect 
Indian tribes, both as potential licensing entities or 
operating entities. 
‘‘(3) ADMINISTRATIVE ASPECTS OF SUMMONS.— 
‘‘(A) PRODUCTION AT DESIGNATED SITE.— 
A summons issued pursuant to this subsection 
may require that books, papers, records, or other 
data stored or maintained at any place be pro-
duced at any business location of a licensee or 
applicant for a license or any designated loca-
tion in any State or in any territory or other 
place subject to the jurisdiction of the United 
States not more than 500 miles distant from any 
place where the licensee or applicant for a license 
operates or conducts business in the United 
States. 
‘‘(B) NO
LIABILITY
FOR
EXPENSES.—The 
United States shall not be liable for any expense 
incurred in connection with the production of 
books, papers, records, or other data under this 
subsection. 
‘‘(C) SERVICE OF SUMMONS.—Service of a 
summons issued under this subsection may be by 
registered mail or in such other manner cal-
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culated to give actual notice as the Secretary 
may prescribe by regulation. 
‘‘(4) CONTUMACY OR REFUSAL.— 
‘‘(A) REFERRAL TO ATTORNEY GENERAL.— 
In case of contumacy by a person issued a sum-
mons under this subsection or a refusal by such 
person to obey such summons or to allow the 
Secretary to conduct an examination, the Sec-
retary shall refer the matter to the Secretary of 
the Treasury for referral to the Attorney General. 
‘‘(B) JURISDICTION OF COURT.—The Attor-
ney General may invoke the aid of any court of 
the United States to compel compliance with the 
summons within the jurisdiction of which— 
‘‘(i) the investigation which gave rise 
to the summons or the examination is being 
or has been carried on; 
‘‘(ii) the person summoned is an in-
habitant; or 
‘‘(iii) the person summoned carries on 
business or may be found. 
‘‘(C) COURT ORDER.—The court may issue 
an order requiring the person summoned to ap-
pear before the Secretary or a delegate of the Sec-
retary to produce books, papers, records, and 
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other data, to give testimony as may be nec-
essary to explain how such material was com-
piled and maintained, to allow the Secretary to 
examine the business of a licensee, and to pay 
the costs of the proceeding. 
‘‘(D) FAILURE TO COMPLY WITH ORDER.— 
Any failure to obey the order of the court may 
be punished by the court as a contempt thereof. 
‘‘(E) SERVICE OF PROCESS.—All process in 
any case under this subsection may be served in 
any judicial district in which such person may 
be found. 
‘‘(5) COMPILATION OF DATASETS ON PLAYER BE-
HAVIOR.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
compile and make available to the public, on the 
website of the Secretary, datasets on player be-
havior. 
‘‘(B) REGULATIONS REQUIRING SUBMISSION 
OF INFORMATION.—The Secretary shall prescribe 
regulations to require licensees under this sub-
chapter to provide information on player behav-
ior that the Secretary determines is appropriate 
for the datasets under subparagraph (A). 
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‘‘(C) INFORMATION
REQUIRED
TO
BE
IN-
CLUDED.—Datasets prepared under this para-
graph shall include information on any indi-
vidual player, if requested by the Secretary, in-
cluding but not limited to information con-
cerning gambling frequency, gaming duration, 
the amount wagered, the number of bets placed, 
and net losses, provided that such request com-
plies with the provisions of subparagraph (D). 
‘‘(D) PROTECTION OF PRIVACY.—All infor-
mation provided pursuant to this paragraph 
shall be aggregated and anonymized, and shall 
not contain information that either alone or in 
combination with other data elements would per-
mit identification of any individual player. 
‘‘(l) CIVIL MONEY PENALTIES.— 
‘‘(1) IN
GENERAL.—The Secretary may assess 
upon any licensee or other person subject to the re-
quirements of this subchapter for any willful violation 
of this subchapter or any regulation prescribed or 
order issued under this subchapter, a civil penalty of 
not more than the greater of— 
‘‘(A) the amount (not to exceed $100,000) 
involved in the violation, if any; or 
‘‘(B) $25,000. 
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‘‘(2) ASSESSMENT.— 
‘‘(A) WRITTEN NOTICE.—Any penalty im-
posed under paragraph (1) may be assessed and 
collected by the Secretary by written notice. 
‘‘(B) FINALITY OF ASSESSMENT.—If, with 
respect to any assessment under paragraph (1), 
a hearing is not requested pursuant to subpara-
graph (E) within the period of time allowed 
under such subparagraph, the assessment shall 
constitute a final and unappealable order. 
‘‘(C) AUTHORITY
TO
MODIFY
OR
REMIT 
PENALTY.—The 
Secretary 
may 
compromise, 
modify, or remit any penalty which the Sec-
retary may assess or has already assessed under 
paragraph (1). 
‘‘(D) 
MITIGATING
FACTORS.—In 
deter-
mining the amount of any penalty imposed 
under paragraph (1), the Secretary shall take 
into account the appropriateness of the penalty 
with respect to— 
‘‘(i) the size of the financial resources 
and the good faith of the person against 
whom the penalty is assessed; 
‘‘(ii) the gravity of the violation; 
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‘‘(iii) the history of previous violations; 
and 
‘‘(iv) such other matters as justice may 
require. 
‘‘(E) HEARING.—The person against whom 
any penalty is assessed under paragraph (1) 
shall be afforded an agency hearing if such per-
son submits a request for such hearing within 20 
days after the issuance of the notice of assess-
ment. 
‘‘(F) COLLECTION.— 
‘‘(i) REFERRAL.—If any person fails 
to pay an assessment after any penalty as-
sessed under this paragraph has become 
final, the Secretary shall recover the amount 
assessed by action in the appropriate 
United States district court. 
‘‘(ii) APPROPRIATENESS
OF
PENALTY 
NOT
REVIEWABLE.—In any civil action 
under clause (i), the validity and appro-
priateness of the penalty shall not be subject 
to review. 
‘‘(G) DISBURSEMENT.—All penalties col-
lected under authority of this subsection shall be 
deposited into the Treasury. 
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‘‘(3) CONDITION FOR LICENSURE.—Payment by 
a licensee of any civil penalty assessed under this sub-
section that has become final shall be a requirement 
for the retention of its license. 
‘‘(m) TREATMENT OF RECORDS.—In light of business 
competition, confidentiality, and privacy concerns, the Sec-
retary shall protect from disclosure information submitted 
in support of a license application under this subchapter 
and information collected in the course of regulating licens-
ees to the full extent permitted by sections 552 and 552a 
of title 5. 
‘‘(n) SUITABILITY
FOR LICENSING REQUIREMENTS 
FOR CERTAIN SERVICE PROVIDERS.— 
‘‘(1) IN
GENERAL.—Any person that know-
ingly— 
‘‘(A) manages, administers, or controls bets 
or wagers that are initiated, received, or other-
wise made within the United States, 
‘‘(B) otherwise manages or administers the 
games with which such bets or wagers are associ-
ated, or 
‘‘(C) develops, maintains or operates, or 
distributes or makes available for downloading 
software, other system programs or hardware 
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that create, operate, or otherwise affect the out-
come of a game, 
shall meet all of the suitability for licensing criteria 
established under this section in the same manner 
and to the same extent as if that person were itself 
a licensee. 
‘‘(2) SUITABILITY
FOR
LICENSING
REQUIRE-
MENTS FOR CERTAIN SERVICE PROVIDERS.—Any fail-
ure on the part of person described in any subpara-
graph of paragraph (1) to remain suitable for licens-
ing shall be grounds for revocation of the authority of 
the licensee for whom such service is provided to oper-
ate an Internet gambling facility, in the same man-
ner and in accordance with subsection (i). 
‘‘(o) RELIANCE ON STATE AND TRIBAL REGULATORY 
BODY
CERTIFICATIONS
OF
SUITABILITY
FOR
APPLI-
CANTS.— 
‘‘(1) QUALIFICATION OF STATE AND TRIBAL REG-
ULATORY BODIES.— 
‘‘(A) APPLICATION FOR DETERMINATION.— 
Any State or tribal regulatory body with exper-
tise in regulating gambling may— 
‘‘(i) notify the Secretary of its willing-
ness to review prospective applicants to cer-
tify whether any such applicant meets the 
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qualifications established under this sub-
chapter; and 
‘‘(ii) provide the Secretary with such 
documentation as the Secretary determines 
necessary for the Secretary to determine 
whether such State or tribal regulatory body 
is qualified to conduct such review and may 
be relied upon by the Secretary to make any 
such certification. 
‘‘(B) DETERMINATION AND NOTICE.—With-
in 60 days after receiving any notice under sub-
paragraph(A)(i), the Secretary shall— 
‘‘(i) make the determination as to 
whether a State or tribal regulatory body is 
qualified to conduct a review of prospective 
applicants and may be relied upon to cer-
tify whether any such applicant meets the 
qualifications established under this sub-
chapter; and 
‘‘(ii) notify the State or tribal regu-
latory body of such determination. 
‘‘(2) ACTIONS
BY
QUALIFIED
AUTHORITIES.— 
During the period that any determination of quali-
fication under paragraph (1)(B) is in effect with re-
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spect to any such State or tribal regulatory body, the 
State or tribal regulatory body— 
‘‘(A) may undertake reviews of any appli-
cant to determine whether the applicant or any 
person associated with the applicant meets the 
criteria for suitability for licensing established 
under this subchapter; 
‘‘(B) may impose on each such applicant 
an administrative fee or assessment for con-
ducting such review in an amount the regulatory 
body determines to be necessary to meet its ex-
penses in the conduct of such review; and 
‘‘(C) shall process and assess each applicant 
fairly and equally based on objective criteria, re-
gardless of any prior licensing of an applicant 
by the State or tribal regulatory body. 
‘‘(3) RELIANCE ON STATE OR TRIBAL CERTIFI-
CATION.—Any applicant may provide a certification 
of suitability for licensing made by any State or trib-
al regulatory body under paragraph (2), together with 
all documentation the applicant has submitted to any 
such State or tribal regulatory body, to the Secretary, 
and any such certification and documentation shall 
be relied on by the Secretary as evidence that an ap-
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plicant has met the suitability for licensing require-
ments under this section. 
‘‘(4) AUTHORITY OF SECRETARY TO REVIEW.— 
Notwithstanding any certification of suitability for li-
censing made by any State or tribal regulatory body, 
the Secretary retains the authority to review, with-
hold, or revoke any license if the Secretary has reason 
to believe that any applicant or licensee does not meet 
the suitability requirements for licensing established 
under this section, or any other requirement of a li-
censee. 
‘‘(5) RELIANCE
ON
QUALIFIED
REGULATORY 
BODY FOR OTHER PURPOSES, INCLUDING EXAMINA-
TION AND ENFORCEMENT.—The Secretary shall rely 
on any State and tribal regulatory body found quali-
fied under this subsection for such other regulatory 
and enforcement activities as the Secretary finds to be 
useful and appropriate to carry out the purposes of 
this subchapter, including authority under paragraph 
(6). 
‘‘(6) ADDITIONAL
AUTHORITY
OF
QUALIFIED 
STATE OR TRIBAL AUTHORITIES.—The qualified state 
or tribal authorities may— 
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‘‘(A) examine licensees who are licensed 
under a State or tribal program referred to in 
paragraph (1); 
‘‘(B) employ enforcement agents with suffi-
cient training and experience to administer the 
requirements of this subchapter; and 
‘‘(C) enforce any requirement of this sub-
chapter that is within the jurisdiction of the 
qualified state or tribal authority through all ap-
propriate means provided under this subchapter 
and other provisions of law. 
‘‘(7) REVOCATION OF QUALIFICATION.—The Sec-
retary may revoke, at any time and for any reason, 
the qualification of any State or tribal regulatory 
body to certify or to conduct any other regulatory or 
enforcement activity to carry out the purposes of this 
subchapter. 
‘‘(p) PREVENTION OF MINORS FROM PLACING BETS 
OR WAGERS.—The Secretary shall— 
‘‘(1) frequently monitor, evaluate, and measure 
compliance effectiveness of each licensee’s software, 
mechanisms, and other systems for preventing minors 
from placing bets or wagers through the Internet site 
of the licensee; and 
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‘‘(2) impose a sanction of either a fine, a revoca-
tion of license, or both, on a licensee whose minor pro-
tection software, mechanisms, and other systems are 
found to be insufficiently effective. 
‘‘(q) REQUIREMENTS WITH RESPECT TO CHILD SUP-
PORT DELINQUENTS.— 
‘‘(1) IN GENERAL.—When it is made known to 
the Secretary by a Federal or State court or a com-
petent State agency involved with the administration 
or enforcement of a court-ordered child support pay-
ment that a particular individual is delinquent with 
respect to court-ordered child support payments, the 
Secretary shall include that individual on the list es-
tablished under section 5384(c)(1)(A). 
‘‘(2) REMOVAL FROM LIST.—Individuals placed 
on the list pursuant to paragraph (1) shall be re-
moved from such list if the court or agency that made 
such individual’s delinquency known to the Secretary 
notifies the Secretary that such individual is no 
longer delinquent. 
‘‘§ 5384. Problem Gambling, Responsible Gambling, 
Consumer Safeguards, and Self-Exclusion 
Program 
‘‘(a) REGULATIONS REQUIRED.—The Secretary and 
any State or tribal regulatory body that has been qualified 
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under subsection 5383(o) shall prescribe regulations for the 
development of a Problem Gambling, Responsible Gam-
bling, Consumer Safeguards, and Self-Exclusion Program 
on the basis of standards that each licensee shall implement 
as a condition of licensure. 
‘‘(b) MINIMUM REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Any application for a license 
shall include a submission to the Secretary or quali-
fied State or tribal regulatory body setting forth a 
comprehensive program that is intended— 
‘‘(A) to verify the identity and age of each 
customer through the use of commercially avail-
able data sources or any approved government 
database that is available for access in real-time 
through an automated process; 
‘‘(B) to ensure that no customers under the 
legal age 21 may initiate or otherwise make any 
bets or wagers for real money; 
‘‘(C) to verify the State or tribal land in 
which the customer is located at the time the cus-
tomer attempts to initiate a bet or wager; 
‘‘(D) to ensure that no customer who is lo-
cated in a State or tribal land that opts out pur-
suant to section 5387 can initiate or otherwise 
make a bet or wager prohibited by such opt-out; 
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‘‘(E) to ensure that responsible gambling 
materials including materials on problem gam-
bling, services and resources to address problem 
gambling, descriptions of games offered by the li-
censee, and when appropriate, odds of winning 
or payout rates of games, and any other mate-
rials that the Secretary or qualified State or 
tribal regulatory body may deem appropriate 
are made available to customers; 
‘‘(F) to make available player-selectable re-
sponsible gambling options that may include, as 
appropriate to specific gambling games, a stake 
limit, loss limit, time-based loss limits, deposit 
limit, session time limit, time-based exclusion 
from all gambling and other similar options that 
the Secretary or qualified State or tribal regu-
latory body may deem appropriate and require 
to be made available; 
‘‘(G) to require each customer, before mak-
ing or placing any bet or wager, to establish per-
sonal limits as a condition of play that apply 
across all betting sites, which may be in hourly, 
daily, weekly or monthly increments, at the dis-
cretion of the customer; 
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‘‘(H) to protect the privacy and security of 
any customer in connection with any lawful 
Internet gambling activity; 
‘‘(I) to protect against fraud and to provide 
for dispute resolution relating to internet gam-
bling activity through programs to insure the in-
tegrity and fairness of the games; and 
‘‘(J) to protect against money laundering 
relating to Internet gambling activities. 
‘‘(2) REQUIREMENTS FOR PROGRAMS ENSURING 
INTEGRITY AND FAIRNESS.—The programs referred to 
in paragraph (1)(I) to insure the integrity and fair-
ness of the games shall include requirements for— 
‘‘(A) real-time, multiparty cryptographic 
protocols for random number generation where 1 
of the parties is the player; 
‘‘(B) secure audit trails; 
‘‘(C) detailed player betting logs that record 
and store each wager placed by the player; 
‘‘(D) real time confirmation of high value 
bets or wagers, where appropriate; or 
‘‘(E) equally effective options that the Sec-
retary or qualified State or tribal regulatory of-
ficer or agency may determine to be appropriate. 
‘‘(c) PERIODIC REVIEW.— 
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‘‘(1) IN GENERAL.—The Secretary shall, on a 
regular basis, review the minimum requirements 
under this section and may, based on the best avail-
able technology, update the standards that each li-
censee shall implement as a condition of licensure. 
‘‘(2) CONSULTATION.—In conducting the review 
required under paragraph (1), the Secretary shall 
consult with— 
‘‘(A) State and tribal gaming regulatory of-
ficials; 
‘‘(B) law enforcement officials; 
‘‘(C) experts in underage and problem gam-
ing; 
‘‘(D) experts on individual privacy; 
‘‘(E) consumers; 
‘‘(F) on-line retailers of other age restricted 
materials such as tobacco and alcohol products; 
‘‘(G) licensees and other representatives of 
the gaming industry; 
‘‘(H) software developers with expertise in 
gaming, privacy, the payments systems avail-
able, and other relevant areas; and 
‘‘(I) such other relevant individuals as the 
Secretary may determine to be appropriate. 
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‘‘(d) LIST OF PERSONS SELF-EXCLUDED FROM GAM-
BLING ACTIVITIES.— 
‘‘(1) ESTABLISHMENT.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
provide by regulation for the establishment of a 
list of persons self-excluded from gambling ac-
tivities at all licensee sites. 
‘‘(B) PLACEMENT
REQUEST.—Any person 
may request placement on the list of self-excluded 
persons by— 
‘‘(i) acknowledging in a manner to be 
established by the Secretary that the person 
wishes to be denied gambling privileges; and 
‘‘(ii) agreeing that, during any period 
of voluntary exclusion, the person may not 
collect any winnings or recover any losses 
resulting from any gambling activity at 
any licensee sites. 
‘‘(2) PLACEMENT AND REMOVAL PROCEDURES.— 
The regulations prescribed by the Secretary under 
paragraph (1)(A) shall establish procedures for place-
ments on, and removals from, the list of self-excluded 
persons. 
‘‘(3) LIMITATION ON LIABILITY.— 
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‘‘(A) IN GENERAL.—The United States, the 
Secretary, an enforcement agent, or a licensee, or 
any employee or agent of the United States, the 
Secretary, an enforcement agent, or a licensee, 
shall not be liable to any self-excluded person or 
to any other party in any judicial or adminis-
trative proceeding for any harm, monetary or 
otherwise, which may arise as a result of— 
‘‘(i) any failure to withhold gambling 
privileges from, or to restore gambling 
privileges to, a self-excluded person; or 
‘‘(ii) otherwise permitting a self-ex-
cluded person to engage in gambling activ-
ity while on the list of self-excluded persons. 
‘‘(B) RULE OF CONSTRUCTION.—No provi-
sion of subparagraph (A) shall be construed as 
preventing the Director from assessing any regu-
latory sanction against a licensee for failing to 
comply with the minimum standards prescribed 
pursuant to this subsection. 
‘‘(4) DISCLOSURE PROVISIONS.— 
‘‘(A) IN
GENERAL.—Notwithstanding any 
other provision of Federal or State law, the list 
of self-excluded persons shall not be open to pub-
lic inspection. 
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‘‘(B) AFFILIATE DISCLOSURE.—Any licens-
ees may disclose the identities of persons on the 
self-excluded list to any affiliated company or, 
where required to comply with this subsection, 
any service provider, to the extent that the li-
censee ensures that any affiliated company or 
service provider maintains such information 
under confidentiality provisions comparable to 
those in this subsection. 
‘‘(5) LIMITATION
ON
LIABILITY
FOR
DISCLO-
SURE.—A licensee or an employee, agent, or affiliate 
of a licensee shall not be liable to any self-excluded 
person or to any other party in any judicial pro-
ceeding for any harm, monetary or otherwise, which 
may arise as a result of disclosure or publication in 
any manner. 
‘‘(e) GAMBLING BY PROHIBITED PERSONS.— 
‘‘(1) PROHIBITION BENEFITTING FROM PROHIB-
ITED GAMBLING ACTIVITY.—A person who is prohib-
ited from gambling with a licensee by law, or by 
order of the Secretary or any court of competent ju-
risdiction, including any person on the self-exclusion 
list as established in accordance with subsection (d), 
shall not collect, in any manner or proceeding, any 
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winnings or recover any losses arising as a result of 
any prohibited gambling activity. 
‘‘(2) FORFEITURE.—In addition to any other 
penalty provided by law, any money or thing of value 
that has been obtained by, or is owed to, any prohib-
ited person by a licensee as a result of bets or wagers 
made by a prohibited person shall be subject to for-
feiture by order of the Secretary, following notice to 
the prohibited person and opportunity to be heard. 
‘‘(3) DEPOSIT
OF
FORFEITED
FUNDS.—Any 
funds forfeited pursuant to this subsection shall be de-
posited into the general fund of the Treasury. 
‘‘(4) PERSONS SELF-EXCLUDED.—Licensees may 
not accept bets or wagers from persons on the list es-
tablished pursuant to subsection (d)(1)(A). 
‘‘(f) PROBLEM OR COMPULSIVE GAMBLERS NOT ON 
THE LIST OF SELF-EXCLUDED PERSONS.— 
‘‘(1) PUBLIC AWARENESS PROGRAM.— 
‘‘(A) IN GENERAL.—The Secretary and any 
State or tribal regulatory body that has been 
qualified under subsection 5383(o) shall provide 
by regulation for the establishment of a program 
to alert the public to the existence, consequences, 
and availability of the self-exclusion list, and 
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‘‘§ 5390. State and tribal lotteries 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of this subchapter, this subchapter shall not apply to 
Internet gambling conducted by any State or tribal lottery 
authority when conducted in accordance with subparagraph 
(B) or (C) of section 5362(10), as clarified by section 
5362(10)(E). 
‘‘(b) RULE OF CONSTRUCTION.—For purposes of the 
clarification made by subparagraph (E) of section 5362(10) 
to the meaning and intent of subparagraphs (B) and (C) 
of such section, Internet gambling described in subsection 
(a) is hereby expressly permitted, and operators of any 
State or tribal lottery authority conducting Internet gam-
bling facilities operating in accordance with such subpara-
graph (B) or (C), as clarified by such subparagraph (E), 
and vendors, suppliers and service providers to such State 
or tribal lottery authority, shall not be required to be li-
censed under this subchapter. 
‘‘(c) APPLICABILITY OF OTHER PROVISIONS TO LOT-
TERY ACTIVITY.—To clarify existing law, section 1084 of 
title 18 shall not apply to any of the following that occurs 
in connection with any Internet gambling conducted by any 
State or tribal lottery authority when conducted in accord-
ance with subparagraph (B) or (C) of section 5362(10), as 
clarified by section 5362(10)(E): 
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‘‘(1) Any Internet bet or wager, including any 
transmission thereof. 
‘‘(2) Any transmission of information assisting 
in the placing of bets or wagers. 
‘‘(3) any transmission entitling the recipient to 
receive money or credit as a result of bets or wagers, 
or for information assisting in the placing of bets or 
wagers. 
‘‘(d) AUTHORIZATION OF SPONSOR.—No licensee may 
offer services relating to any lottery sponsored by a State, 
tribal, or other governmental body without the authoriza-
tion of the official sponsor. 
‘‘§ 5391. Safe harbors 
‘‘It shall be a complete defense against any prosecution 
or enforcement action under any Federal or State law 
against any person possessing a valid license under this 
subchapter that the activity is authorized under and has 
been carried out lawfully under the terms of this subchapter. 
‘‘§ 5392. Relation to section 1084 of title 18 and the 
Unlawful Internet Gambling Enforcement 
Act 
‘‘Section 1084 of title 18 and subchapter IV of this 
chapter shall not apply to any Internet bet or wager occur-
ring pursuant to a license issued in accordance with this 
subchapter. 
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