should adopt to carry out the requirements of sub-
section (a). 
(2) IDENTIFICATION
OF
THREATS
TO
OPER-
ATION OF INTERNET POKER FACILITIES.—Not later 
than 1 year after the date that licenses are first 
issued under section 118(a), the Director of the Na-
tional Institute of Standards and Technology shall 
submit to Congress a report that identifies threats 
to the integrity of Internet poker facilities operated 
by licensees, including identification of technologies 
that could be used to hack computer networks, fa-
cilitate cheating, or otherwise place consumers at 
risk of fraud or monetary loss. 
SEC. 111. CONSTRUCTION AND RELATION TO OTHER LAW. 
(a) NO IMPACT ON EXISTING LAWFUL GAMES.— 
(1) IN GENERAL.—If bets or wagers on certain 
games of skill are not regarded as gambling under 
all provisions of Federal, State, or tribal law in ef-
fect as of the date of enactment of this Act— 
(A) nothing in this title shall be construed 
to require licensing under this title with respect 
to such games; and 
(B) fees paid to participate in such games 
shall not be regarded as bets or wagers for pur-
poses of this title. 
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(2) RELIANCE.—Nothing in this title may be 
relied on as support for the legality or permissibility 
of games described in paragraph (1) without compli-
ance with the licensing and other requirements of 
this title. 
(b) NO EFFECT ON EXISTING LAW.—Nothing in this 
section shall be construed to repeal, to amend, or to affect 
the interpretation of any provision of State, or tribal law 
that was in effect before the date of enactment of this 
Act that— 
(1) prohibits, restricts, or otherwise addresses 
bets or wagers; or 
(2) prohibits fraud, unfair or deceptive acts or 
practices, or other criminal activity. 
(c) PREEMPTION OF STATE AND TRIBAL LAWS.— 
(1) IN
GENERAL.—Except as otherwise ex-
pressly provided in this title and excluding any pro-
hibitions described in section 104(a)(3), the provi-
sions of this title shall supersede any provisions of 
the law of any State or federally recognized Indian 
tribe expressly relating to the permitting, prohib-
iting, licensing, or regulating of Internet poker facili-
ties, including Internet poker facilities, and the law 
of any State or federally recognized Indian tribe ex-
pressly relating to the permitting, prohibiting, licens-
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ing, or regulation of gambling, except to the extent 
such State or tribal laws are not inconsistent with 
this title. 
(2) LOTTERIES.—No provision of this title shall 
be construed to have any effect on the rights, privi-
leges, or obligations of a State or tribal lottery as 
may be provided under other applicable Federal, 
State, or tribal law. 
(3) SAVINGS PROVISION.—Nothing in this title 
may be construed to limit the applicability or en-
forcement of any State or tribal consumer protection 
law or preempt the applicability of State or tribal 
trespass, contract, or tort law. 
(d) RELATION TO GAMBLING DEVICES TRANSPOR-
TATION ACT.—Equipment used by a licensee or significant 
vendor in the furtherance of licensed activities pursuant 
to this title (but not to the extent it is used for other pur-
poses) shall not be considered a gambling device within 
the meaning of section 1 of the Act of January 2, 1951, 
prohibiting the transportation of gambling devices in 
interstate and foreign commerce (15 U.S.C. 1171). 
(e) NO IMPACT ON INDIAN GAMING REGULATORY 
ACT.— 
(1) IN GENERAL.—No provision of this title or 
decision or action taken by a federally recognized In-
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dian tribe or State pursuant to this title shall have 
any effect on non-Internet gaming activities within 
the scope of the Indian Gaming Regulatory Act (25 
U.S.C. 2710) or any successor provisions or on any 
tribal-State compacts or authorities pursuant there-
to. 
(2) TRIBAL
STATUS
OR
CATEGORY
NOT
AF-
FECTED.—Tribal operation of Internet poker facili-
ties under this title shall not be considered class II 
or class III gaming under such section, and a feder-
ally recognized Indian tribe’s status, category, or 
class under such section shall not impact its status 
or ability to offer bets or wagers pursuant to this 
title. 
(3) NEW NEGOTIATIONS NOT REQUIRED.— 
(A) 
FEDERALLY
RECOGNIZED
INDIAN 
TRIBES.—The fact that a federally recognized 
Indian tribe is operating under a license issued 
pursuant to this title or that a tribal regulatory 
body is acting as a qualified body pursuant to 
this title shall not require a federally recognized 
Indian tribe to negotiate a new agreement, limi-
tation, or other provision of tribal-State com-
pact, agreement, or other understanding with 
respect to gaming or revenue-sharing, with re-
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gard to any bet or wager occurring pursuant to 
a license issued under this title. 
(B) STATES.—The fact that a State has 
prohibited or limited Internet bets or wagers 
under section 104(a)(3) or that a State regu-
latory body is acting as a qualified body pursu-
ant to this title shall not require the State to 
negotiate a new agreement, limitation, or other 
provision of tribal-State compact, agreement, or 
other understanding with respect to gaming or 
revenue-sharing, with regard to any bet or 
wager occurring pursuant to a license issued 
under this title. 
SEC. 112. REGULATIONS. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary shall prescribe such regulations 
as the Secretary considers necessary and where expressly 
required or authorized to carry out this title. 
SEC. 113. ANNUAL REPORTS. 
(a) LICENSING
AND REGULATION
OF INTERNET 
POKER FACILITIES.—Not later than 1 year after the date 
that licenses first issue under this title and annually there-
after, the Secretary shall transmit to Congress a report 
on the licensing and regulation of Internet poker facilities 
under this title, including— 
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commercial and regulatory practices carried out to protect 
consumers with respect to Internet poker, including the 
practices carried out pursuant to the requirements of sec-
tion 106 and the regulations prescribed pursuant to such 
section. Such report shall include— 
(1) a detailed description of the efforts of each 
qualified regulatory authority to protect consumers 
from unfair or deceptive acts or practices, including 
deceptive advertising and marketing to minors; 
(2) a description of the practices that the Sec-
retary recommends a qualified regulatory authority 
to adopt to protect consumers; 
(3) such recommendations as the Secretary may 
have for legislative action as the Secretary considers 
necessary to protect consumers with respect to 
Internet poker; and 
(4) such other information as the Secretary 
considers appropriate. 
SEC. 114. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as otherwise provided in 
this title, the provisions of this title shall take effect on 
the date that is 30 days after the date of enactment of 
this Act. 
(b) REGULATIONS REQUIRED BEFORE ISSUING LI-
CENSES.—Notwithstanding any other provision of this 
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title, a qualified regulatory authority may not issue a li-
cense under this title before the later of— 
(1) the date on which the Secretary prescribes 
final regulations under section 113; 
(2) the date on which the Secretary of the 
Treasury prescribes final regulations pursuant to 
subsections (a) and (d) of section 203; and 
(3) the date on which the Director of the Fi-
nancial Crimes Enforcement Network submits to the 
Secretary of the Treasury a list of unlicensed Inter-
net gambling enterprises pursuant to section 
5369(a)(1)(B) of title 31, United States Code, as 
added by section 202(a). 
TITLE II—STRENGTHENING OF 
UNLAWFUL INTERNET GAM-
BLING 
ENFORCEMENT 
ACT 
OF 2006 
SEC. 201. FINANCIAL TRANSACTION PROVIDERS. 
(a) IN GENERAL.—Subchapter IV of chapter 53 of 
title 31, United States Code, is amended by adding at the 
end the following: 
‘‘§ 5368. Liability of financial transaction providers 
‘‘(a) LIABILITY FOR CERTAIN FINANCIAL ACTIVITIES 
AND TRANSACTIONS.—A financial transaction provider 
shall not be held liable for engaging in a financial activity 
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or transaction, including a payments processing activity, 
in connection with a bet or wager permitted by the Inter-
net Poker Freedom Act of 2013 or the Interstate Horse-
racing Act of 1978 (15 U.S.C. 3001 et seq.) unless the 
financial transaction provider has actual knowledge that 
the financial activity or transaction was conducted in vio-
lation of either such Act or any other applicable provision 
of Federal or State law. 
‘‘(b) NO LIABILITY FOR BLOCKING OR REFUSING TO 
HONOR CERTAIN TRANSACTIONS.— 
‘‘(1) IN GENERAL.—A financial transaction pro-
vider that takes an action described in paragraph 
(2) with respect to a transaction shall not be liable 
to any party for that action if the financial trans-
action provider takes the action because the origi-
nator of the transaction or a party to the trans-
action is— 
‘‘(A) a person or entity that is included in 
the list of unlicensed Internet gambling enter-
prises required by section 5369(a); 
‘‘(B) a person or entity that the financial 
transaction provider reasonably believes is in-
cluded in that list; 
‘‘(C) a person or entity that is included in 
a list of unlicensed Internet gambling enter-
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prises made available to the financial trans-
action provider by the Secretary under section 
5369(a)(3); 
‘‘(D) a person or entity that the financial 
transaction provider reasonably believes is in-
cluded in a list described in subparagraph (C); 
‘‘(E) a person or entity that is dem-
onstrated to be an unlicensed Internet gambling 
enterprise based on information, other than a 
list described in subparagraph (C), that is made 
available to the financial transaction provider; 
or 
‘‘(F) a person or entity that the financial 
transaction provider reasonably believes is dem-
onstrated to be an unlicensed Internet gambling 
enterprise based on information described in 
subparagraph (E). 
‘‘(2) ACTIONS DESCRIBED.—A financial trans-
action provider takes an action described in this 
paragraph if the financial transaction provider— 
‘‘(A) identifies and blocks a transaction; 
‘‘(B) prevents or prohibits the acceptance 
of its products or service in connection with a 
transaction or otherwise refuses to honor a 
transaction; or 
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‘‘(C) closes an account or ends a financial 
relationship.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 53 of title 31, United States Code, is amended 
by adding at the end the following: 
‘‘5368. Liability of financial transaction providers.’’. 
(c) 
TECHNICAL
CORRECTION.—Section 
5362(11)(B)(i) of title 31, United States Code, is amend-
ed by striking ‘‘section 903(6)(E)’’ and inserting ‘‘section 
903(7)(E)’’. 
SEC. 202. LIST OF UNLICENSED INTERNET GAMBLING EN-
TERPRISES. 
(a) IN GENERAL.—Subchapter IV of chapter 53 of 
title 31, United States Code, as amended by section 
201(a), is further amended by adding at the end the fol-
lowing: 
‘‘§ 5369. List of unlicensed Internet gambling enter-
prises 
‘‘(a) LIST OF UNLICENSED INTERNET GAMBLING 
ENTERPRISES.— 
‘‘(1) IN GENERAL.—The Director shall— 
‘‘(A) identify unlicensed Internet gambling 
enterprises in accordance with the procedures 
described in subsection (b); 
‘‘(B) not later than 120 days after the 
date of enactment of the Internet Poker Free-
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dom Act of 2013, submit to the Secretary a list 
of unlicensed Internet gambling enterprises that 
includes the information described in paragraph 
(2); and 
‘‘(C) not less frequently than every 60 days 
thereafter, submit to the Secretary an updated 
list that reflects the results of subsequent inves-
tigations carried out under this section. 
‘‘(2) INFORMATION REQUIRED.—The informa-
tion described in this paragraph is, with respect to 
each unlicensed Internet gambling enterprise in-
cluded on the list required by paragraph (1), the fol-
lowing: 
‘‘(A) All known Internet Web site address-
es of the enterprise. 
‘‘(B) The name of any person who con-
trols, finances, manages, supervises, directs, or 
owns all or part of the enterprise (as such 
terms are used in section 1955 of title 18). 
‘‘(C) To the extent known, information 
identifying the financial agents and account 
numbers of the enterprise and the persons de-
scribed in subparagraph (B). 
‘‘(3) DISTRIBUTION OF LIST.—Not later than 
10 days after receiving the list or an updated version 
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of the list required by paragraph (1) from the Direc-
tor, the Secretary shall— 
‘‘(A) post the information provided under 
subparagraphs (A) and (B) of paragraph (2) on 
the Internet Web site of the Department of the 
Treasury; and 
‘‘(B) provide to each person that is re-
quired to comply with the regulations pre-
scribed pursuant to section 5364 a copy of the 
information included with the list required by 
paragraph (1) in an electronic format compat-
ible with the list of Specially Designated Na-
tionals and Blocked Persons maintained by the 
Office of Foreign Assets Control. 
‘‘(b) PROCEDURES FOR IDENTIFYING UNLICENSED 
INTERNET GAMBLING ENTERPRISES.— 
‘‘(1) INVESTIGATIONS.— 
‘‘(A) INITIAL
INVESTIGATION.—Not later 
than the date that is 60 days after the date of 
enactment of the Internet Poker Freedom Act 
of 2013, the Director shall complete an initial 
investigation of entities that appear to be unli-
censed Internet gambling enterprises. 
‘‘(B) 
SUBSEQUENT
INVESTIGATIONS.— 
After completing the initial investigation re-
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quired by subparagraph (A), the Director shall 
regularly investigate entities that appear to be 
unlicensed Internet gambling enterprises. 
‘‘(2) REQUESTS.— 
‘‘(A) IN
GENERAL.—Any Federal, State, 
tribal, or local law enforcement official, any af-
fected sports organization, any person directly 
harmed by unlicensed Internet gambling, any fi-
nancial transaction provider, and any inter-
active computer service shall have the right, but 
not the obligation, to make a written request to 
the Director for the addition of any person to 
the list of unlicensed Internet gambling enter-
prises required by subsection (a). 
‘‘(B) DETERMINATIONS; NOTICE TO PER-
SON THAT SUBMITTED A REQUEST.—Not later 
than 30 days after receiving a request under 
subparagraph (A), the Director shall— 
‘‘(i) determine if the request contains 
information sufficient to constitute a prima 
facie case that an entity is an unlicensed 
Internet gambling enterprise; and 
‘‘(ii) notify the person that submitted 
the request of the determination of the Di-
rector. 
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‘‘(3) NOTICE.—Not later than 30 days before 
including a person in the list of unlicensed Internet 
gambling enterprises required by subsection (a), the 
Director shall provide written notice to the person of 
the determination of the Director to include the per-
son in the list. 
‘‘(4) OPPORTUNITY TO CONTEST.— 
‘‘(A) IN GENERAL.—A person that receives 
notice under paragraph (3) that the Director 
has determined to include the person in the list 
of unlicensed Internet gambling enterprises re-
quired by subsection (a) may, not later than 30 
days after receiving the notice, contest the de-
termination— 
‘‘(i) by submitting a written appeal to 
the Director; and 
‘‘(ii) by agreeing in the written appeal 
to submit to the jurisdiction of the United 
States. 
‘‘(B) EFFECT OF NOT CONTESTING.—If a 
person described in subparagraph (A) does not 
contest the determination of the Director to in-
clude the person in the list of unlicensed Inter-
net gambling enterprises required by subsection 
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(a) in accordance with subparagraph (A), the 
Director shall include the person in the list. 
‘‘(5) OPPORTUNITY FOR HEARING.—The Direc-
tor— 
‘‘(A) may not include a person that sub-
mits a written appeal pursuant to paragraph 
(4) in the list of unlicensed Internet gambling 
enterprises required by subsection (a) until the 
Director provides the person with an oppor-
tunity for a hearing; and 
‘‘(B) shall provide the person the oppor-
tunity for a hearing not later than 30 days 
after receiving the written appeal from the per-
son. 
‘‘(6) DETERMINATIONS AFTER HEARING.—Not 
later than 10 days after the date of a hearing pro-
vided for a person under paragraph (5) (without re-
gard to whether the person appears at the hearing), 
the Director shall— 
‘‘(A) determine if the person should be in-
cluded in the list of unlicensed Internet gam-
bling enterprises required by subsection (a); 
and 
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‘‘(B) if the Director determines that the 
person should be included in the list, add the 
person to the list. 
‘‘(7) INJUNCTIVE RELIEF.— 
‘‘(A) IN GENERAL.—A person described in 
subparagraph (B) may petition for injunctive 
relief in the United States District Court for 
the District of Columbia, which shall have ex-
clusive jurisdiction to hear cases arising under 
this section. 
‘‘(B) PERSON DESCRIBED.—A person de-
scribed in this subparagraph is a person that 
the Director determines to include in the list of 
unlicensed Internet gambling enterprises re-
quired by subsection (a)— 
‘‘(i) after the person appears at a 
hearing described in paragraph (5); or 
‘‘(ii) that did not receive the notice re-
quired by paragraph (3). 
‘‘(C) BURDEN OF PROOF.—The petitioner 
shall have the burden of establishing that the 
person should not be included in the list of unli-
censed Internet gambling enterprises required 
by subsection (a). 
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‘‘(D) STANDING.—Only persons that the 
Director determines to include in the list of un-
licensed Internet gambling enterprises required 
by subsection (a) and owners or operators of 
such enterprises shall have standing to contest 
the determination of the Director. 
‘‘(E) AVAILABLE RELIEF.—The court may 
direct the Director and the Secretary not to 
add, or to remove, the petitioner from the list 
of unlicensed Internet gambling enterprises. 
‘‘(F) UNAVAILABILITY
OF
OTHER
REM-
EDIES.—There shall be no judicial review of a 
determination under this section other than 
pursuant to this paragraph. 
‘‘(c) EFFECT OF LIST.—A financial transaction pro-
vider shall be deemed to have actual knowledge that a per-
son or entity is an unlicensed Internet gambling enterprise 
if— 
‘‘(1) the person or entity is included in the list 
of unlicensed Internet gambling enterprises required 
by subsection (a); or 
‘‘(2)(A) the person or entity is included in a list 
of unlicensed Internet gambling enterprises made 
available to the financial transaction provider by the 
Secretary under subsection (a)(3); and 
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‘‘(B) information in addition to the list de-
scribed in subparagraph (A) is available to the fi-
nancial transaction provider that demonstrates that 
the person or entity is an unlicensed Internet gam-
bling enterprise. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) DIRECTOR.—The term ‘Director’ means 
the Director of the Financial Crimes Enforcement 
Network appointed under section 310(b). 
‘‘(2) SPORTS ORGANIZATION.—The term ‘sports 
organization’ means an amateur sports organization 
or a professional sports organization (as those terms 
are defined in section 3701 of title 28). 
‘‘(3) UNLICENSED
INTERNET
GAMBLING
EN-
TERPRISE.—The term ‘unlicensed Internet gambling 
enterprise’ means any person who, on or after the 
date of enactment of the Internet Poker Freedom 
Act of 2013— 
‘‘(A) violates a provision of section 5363; 
or 
‘‘(B) knowingly assists a person in conduct 
described in subparagraph (A).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter 53, as amended by sec-
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tion 201(b), is further amended by adding at the end the 
following: 
‘‘5369. Unlicensed Internet gambling enterprises.’’. 
SEC. 203. REGULATIONS. 
(a) REGULATIONS.—Not later than 180 days after 
the date of enactment of this Act, the Secretary of the 
Treasury shall— 
(1) prescribe regulations to carry out sections 
5368 and 5369 of title 31, United States Code, as 
added by sections 201(a) and 202(a), and publish 
such regulations in final form in the Federal Reg-
ister; and 
(2) prescribe such regulations as the Secretary 
of the Treasury considers necessary to ensure com-
pliance with chapter 2 of title I of Public Law 91– 
508 (12 U.S.C. 1951 et seq.) and subchapter II of 
chapter 53 of title 31, United States Code (com-
monly known, collectively, as the ‘‘Bank Secrecy 
Act’’), by licensees, significant vendors to such li-
censees, and financial service providers to such li-
censees (as such terms are defined in section 102). 
(b) EXCLUSION OF BOARD OF GOVERNORS OF THE 
FEDERAL RESERVE SYSTEM FROM REQUIREMENT TO 
PRESCRIBE REGULATIONS CONCERNING PREVENTION OF 
RESTRICTED TRANSACTIONS.—Subsection (a) of section 
5364 of title 31, United States Code, is amended by strik-
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100 
ing ‘‘Before the end of the 270-day period beginning on 
the date of enactment of this subchapter, the Secretary 
and the Board of Governors of the Federal Reserve Sys-
tem, in consultation with the Attorney General, shall pre-
scribe regulations (which the Secretary and the Board 
jointly determine to be appropriate)’’ and inserting ‘‘The 
Secretary shall prescribe regulations’’. 
(c) TEMPORARY SUSPENSION OF CERTAIN REGULA-
TIONS.— 
(1) IN GENERAL.—Subject to paragraph (2), 
during the period beginning on the date of enact-
ment of this Act and ending on the date set forth 
in subsection (d), part 233 of title 12, Code of Fed-
eral Regulations, and part 132 of title 31, Code of 
Federal Regulations, shall have no force or effect to 
the extent that those regulations require or impose 
any obligation that is inconsistent with the provi-
sions of title I. 
(2) PREVIOUS VIOLATION.—Paragraph (1) shall 
not apply with respect to any violation of a regula-
tion described in such paragraph that occurred be-
fore the date of enactment of this Act. 
(d) REVISION OF REGULATIONS.—Not later than 180 
days after the date of enactment of this Act, the Secretary 
of the Treasury shall revise part 233 of title 12, Code of 
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101 
Federal Regulations, and part 132 of title 31, Code of 
Federal Regulations, to conform with the provisions of 
title I. 
(e) ANNUAL REPORT.—Not later than 1 year after 
the date on which the Secretary of the Treasury prescribes 
regulations under this section, and annually thereafter, 
the Secretary shall submit to Congress a report on the 
list required by section 5369(a) of title 31, United States 
Code, as added by section 202(a), including the following: 
(1) The size of the list. 
(2) The number of persons and Web sites 
added to and removed from the list. 
(3) The number and description of challenges to 
inclusion on the list and a description of how such 
challenges were resolved. 
SEC. 204. CONFORMING AMENDMENTS. 
(a) DUTIES AND POWERS OF THE DIRECTOR OF THE 
FINANCIAL CRIMES ENFORCEMENT NETWORK.—Section 
310(b)(2)(I) of title 31, United States Code, is amended 
by striking ‘‘subchapter II’’ and inserting ‘‘subchapters II 
and IV’’. 
(b) EXCLUSION OF LICENSED INTERNET POKER FA-
CILITY OPERATIONS FROM DEFINITION OF UNLAWFUL 
INTERNET GAMBLING ENTERPRISE.—Section 5362(10) 
of such title is amended— 
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102 
(1) in subparagraph (D), by striking clause 
(iii); 
(2) by redesignating subparagraph (E) as sub-
paragraph (F); and 
(3) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) LICENSED INTERNET POKER FACILI-
TIES.—The term ‘unlawful Internet gambling’ 
does not include an activity carried out by an 
Internet poker facility, as such term is defined 
in section 102 of the Internet Poker Freedom 
Act of 2013, operated by a person under a li-
cense provided under title I of such Act in ac-
cordance with the provisions of such title.’’. 
Æ 
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tjames on DSK6SPTVN1PROD with BILLS