shall prepare and promulgate written materials 
to be used in such a program. 
‘‘(B) 
LICENSEE-PROVIDED
PUBLICITY.— 
Regulations prescribed under subparagraph (A) 
may require a licensee to make available lit-
erature or screen displays relating to the exist-
ence of the program. 
‘‘(2) RULE OF CONSTRUCTION.—No provision of 
this subsection shall be construed as creating a legal 
duty in the Secretary, a qualified State or tribal reg-
ulatory body, a licensee, or any representative of a li-
censee to identify or to exclude problem or compulsive 
gamblers not on the list of self-excluded persons. 
‘‘(3) IMMUNITY.—The United States, the Sec-
retary, a qualified State or tribal regulatory body, a 
licensee, and any employee or agent of a licensee, 
shall not be liable to any person in any proceeding 
for losses or other damages of any kind arising out 
of that person’s gambling activities based on a claim 
that the person was a compulsive, problem, or patho-
logical gambler. 
‘‘§ 5385. Financial transaction providers 
‘‘(a) IN GENERAL.—No financial transaction provider 
shall be held liable for engaging in financial activities and 
transactions for or on behalf of a licensee or involving a 
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licensee, including payments processing activities, unless 
such provider has knowledge that the specific financial ac-
tivities or transactions are conducted in violation of this 
subchapter and with applicable Federal and State laws. 
‘‘(b) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
‘‘(1) FINANCIAL
TRANSACTION
PROVIDER.—The 
term ‘financial transaction provider’ means a cred-
itor, credit card issuer, financial institution, operator 
of a terminal at which an electronic fund transfer 
may be initiated, money transmitting business, or 
international, national, regional, or local payment 
network utilized to effect a credit transaction, elec-
tronic fund transfer, stored value product transaction, 
or money transmitting service, or a participant in 
such network, or other participant in a payment sys-
tem. 
‘‘(2) OTHER TERMS.— 
‘‘(A) CREDIT, CREDITOR, CREDIT CARD, AND 
CARD
ISSUER.—The terms ‘credit’, ‘creditor’, 
‘credit card’, and ‘card issuer’ have the meanings 
given the terms in section 103 of the Truth in 
Lending Act. 
‘‘(B) ELECTRONIC
FUND
TRANSFER.—The 
term ‘electronic fund transfer’— 
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‘‘(i) has the meaning given the term in 
section 903 of the Electronic Fund Transfer 
Act, except that the term includes transfers 
that would otherwise be excluded under sec-
tion 903(6)(E) of such Act; and 
‘‘(ii) includes any fund transfer cov-
ered by Article 4A of the Uniform Commer-
cial Code, as in effect in any State. 
‘‘(C) FINANCIAL
INSTITUTION.—The term 
‘financial institution’ has the meaning given the 
term in section 903 of the Electronic Fund 
Transfer Act, except that such term does not in-
clude a casino, sports book, or other business at 
or through which bets or wagers may be placed 
or received. 
‘‘(D) INSURED DEPOSITORY INSTITUTION.— 
The term ‘insured depository institution’— 
‘‘(i) has the meaning given the term in 
section 3(c) of the Federal Deposit Insur-
ance Act; and 
‘‘(ii) includes an insured credit union 
(as defined in section 101 of the Federal 
Credit Union Act). 
‘‘(E) MONEY TRANSMITTING BUSINESS AND 
MONEY
TRANSMITTING
SERVICE.—The 
terms 
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‘money transmitting business’ and ‘money trans-
mitting service’ have the meanings given the 
terms in section 5330(d) (determined without re-
gard to any regulations prescribed by the Sec-
retary under such section). 
‘‘§ 5386. List of unlawful Internet gambling enter-
prises 
‘‘(a) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
‘‘(1) UNLAWFUL
INTERNET
GAMBLING
ENTER-
PRISE.—The term ‘unlawful Internet gambling enter-
prise’ means any person who, more than 10 days 
after the date of the enactment of this section— 
‘‘(A) violates a provision of section 5363; 
‘‘(B) knowingly receives or transmits funds 
intended primarily for a person described in 
subparagraph (A); or 
‘‘(C) knowingly assists in the conduct of a 
person described in subparagraph (A) or (B). 
‘‘(2) DIRECTOR.—The term ‘Director’ means the 
Director of the Financial Crimes Enforcement Net-
work. 
‘‘(b) LIST OF UNLAWFUL INTERNET GAMBLING EN-
TERPRISES.— 
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‘‘(1) IN
GENERAL.—Not later than 120 days 
after the date of the enactment of this section, the Di-
rector shall submit to the Secretary a list of unlawful 
Internet gambling enterprises and shall regularly up-
date such list in accordance with the procedures de-
scribed in paragraph (3). 
‘‘(2) CONTENTS
OF
LIST.—The list prepared 
under paragraph (1) shall include the following infor-
mation for each such unlawful Internet gambling en-
terprise: 
‘‘(A) All known Internet website addresses 
of the enterprise. 
‘‘(B) The names of all known owners and 
operators of the enterprise. 
‘‘(C) To the extent known, information 
identifying the financial agents and account 
numbers of the enterprise and the persons listed 
under subparagraph (B). 
‘‘(3) DISTRIBUTION OF LIST BY SECRETARY.— 
The Secretary shall make available— 
‘‘(A) a copy of the information provided 
under subparagraphs (A) and (B) of paragraph 
(2) on the Internet website of the Secretary of the 
Treasury; 
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‘‘(B) to all persons who are required to com-
ply with the regulations prescribed under the au-
thority provided in section 5364 a copy of all the 
information provided under paragraph (1) in an 
electronic format compatible with the Specially 
Designated Nationals list maintained by the Of-
fice of Foreign Assets Control; and 
‘‘(C) any information required under this 
paragraph not later than 10 days after receiving 
any new or updated list from the Director. 
‘‘(4) PROCEDURES.—The procedures described in 
this paragraph are the following: 
‘‘(A) INVESTIGATION.—The Director shall 
investigate entities that appear to be unlawful 
Internet gambling enterprises. An initial inves-
tigation shall be completed before the end of the 
60-day period beginning on the date of enact-
ment of this section. After the initial investiga-
tion, the Director shall regularly investigate enti-
ties that appear to be unlawful Internet gam-
bling enterprises. If the Director discovers evi-
dence sufficient to prove a prima facie case that 
any person is an unlawful Internet gambling en-
terprise, the Director shall provide the notice re-
quired under subparagraph (C). 
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‘‘(B) REQUESTS.—Any Federal, State, trib-
al, or local law enforcement official, any affected 
sports organization, any person directly harmed 
by unlawful Internet gambling, any financial 
transaction provider, and any interactive com-
puter service (as such terms are defined in sec-
tion 5362) shall have the right, but not the obli-
gation, to make a written request to the Director 
for the addition of any person to the list of un-
lawful Internet gambling enterprises. If the Di-
rector determines that the evidence submitted is 
sufficient to prove a prima facie case that such 
person is an unlawful Internet gambling enter-
prise, the Director shall provide the notice re-
quired under subparagraph (C) to each person 
identified as an alleged unlawful Internet gam-
bling enterprise. The Director also shall provide 
written notice of its decision under this subpara-
graph, including a decision not to add a person 
to the list required under paragraph (1), to the 
requesting party no later than 30 days after the 
request is received. 
‘‘(C) NOTICE.—Not fewer than 30 days be-
fore adding an unlawful Internet gambling en-
terprise, or an owner or operator thereof, to the 
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list required under paragraph (1), the Director 
shall provide written notice to such enterprise, 
owner, or operator. Any enterprise, owner, or op-
erator receiving such notice may contest the Di-
rector’s determination by written appeal to the 
Director not more than 30 days after receiving 
notice. 
‘‘(D) OPPORTUNITY
FOR
HEARING.—If a 
person properly submits a written appeal under 
subparagraph (C), the Director shall not include 
such person in the list required under paragraph 
(1) unless and until the Director provides such 
person with an opportunity for a hearing not 
more than 30 days after receiving written notice 
of appeal. Not more than 10 days after an op-
portunity for hearing is afforded, whether or not 
the person requesting the hearing appears at 
such hearing, the Director shall proceed to add 
such person to the list of unlawful Internet gam-
bling enterprises unless the Director determines, 
based on a preponderance of the evidence, that 
such person is not an unlawful Internet gam-
bling enterprise. 
‘‘(E) INJUNCTIVE
RELIEF.—Any person 
that the Director determines shall be included in 
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the list required under paragraph (1) after such 
person appears at a hearing described in sub-
paragraph (D) and any person included in such 
list who did not receive the notice required under 
subparagraph (C), may petition for injunctive 
relief in the United States District Court for the 
District of Columbia, which shall have exclusive 
jurisdiction to hear challenges pursuant to this 
section. The petitioner shall have the burden of 
establishing by a preponderance of the evidence 
that such person is not an unlawful Internet 
gambling enterprise. Only persons designated by 
the Director for inclusion on the list of unlawful 
Internet gambling enterprises, and other owners 
or operators of an enterprise to be so listed, shall 
have standing to contest the Director’s deter-
mination. The court may enjoin the Director 
and the Secretary not to add or remove the peti-
tioner from the list of unlawful Internet gam-
bling enterprises, and no other judicial recourse 
shall be permitted. 
‘‘(c) EFFECT OF LIST.—A financial transaction pro-
vider shall be deemed to have actual knowledge that a per-
son is an unlawful Internet gambling enterprise to the ex-
tent that such person is identified on the list available to 
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the public, or on a non-public list made available to such 
financial transaction provider, by the Secretary as de-
scribed in subsection (b)(2), provided that the list shall not 
be deemed to be the sole source of actual knowledge. 
‘‘§ 5387. Limitation of licenses in States and Indian 
lands 
‘‘(a) STATE OPT-OUT EXERCISE.— 
‘‘(1) LIMITATIONS IMPOSED BY STATES.— 
‘‘(A) IN
GENERAL.—No licensee may en-
gage, under any license issued under this sub-
chapter, in the operation of an Internet gam-
bling facility that knowingly accepts bets or wa-
gers initiated by persons who reside in any State 
which provides notice that it will limit such bets 
or wagers, if the Governor or other chief execu-
tive officer of such State informs the Director of 
such limitation, in a manner which clearly iden-
tifies the nature and extent of such limitation, 
before the end of the period beginning on the date 
of the enactment of the Internet Gambling Regu-
lation, Consumer Protection, and Enforcement 
Act and ending on the date on which such 
State’s legislature has conducted one full general 
legislative session, where such session began after 
the date of the enactment of such Act, or in ac-
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‘‘§ 5393. Cheating and other fraud 
‘‘(a) ELECTRONIC CHEATING DEVICES PROHIBITED.— 
No person initiating, receiving, or otherwise making a bet 
or wager with a licensee, or sending, receiving, or inviting 
information assisting with a bet or wager with a licensee, 
knowingly shall use, or assist another in the use of, an elec-
tronic, electrical, or mechanical device which is designed, 
constructed, or programmed specifically for use in obtain-
ing an advantage in any game authorized under this sub-
chapter, where such advantage is prohibited or otherwise 
violates the rules of play established by the licensee. 
‘‘(b) ADDITIONAL OFFENSE.—No person initiating, re-
ceiving, or otherwise making a bet or wager with a licensee, 
or sending, receiving, or inviting information assisting 
with a bet or wager with a licensee, knowingly shall use 
or possess any cheating device with intent to cheat or de-
fraud any licensee or other persons placing bets or wagers 
with such licensee. 
‘‘(c) PERMANENT INJUNCTION.—Upon conviction of a 
person for violation of this section, the court may enter a 
permanent injunction enjoining such person from initi-
ating, receiving, or otherwise making bets or wagers or 
sending, receiving, or inviting information assisting in the 
placing of bets or wagers. 
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