otherwise making a bet or wager with a licensee, or 
sending, receiving, or inviting information assisting 
with a bet or wager with a licensee shall knowingly 
use, possess, or assist another in the use of, an elec-
tronic, electrical, or mechanical device or software or 
other program or tool which is designed, con-
structed, or programmed specifically for use in ob-
taining an advantage in any game authorized under 
this title, where such advantage is prohibited or oth-
erwise violates the rules of play established by the li-
censee. 
(3) PERMISSIBLE USES.—It shall not be a vio-
lation of this subsection for a licensee, its agents, a 
qualified State agency, or its agent to use or posses 
a device described in the preceding sentence if— 
(A) such use or possession is solely for 
purposes of testing an Internet poker facility; 
(B) such device is not used in live play in-
volving actual bets or wagers; and 
(C) such device is registered with the Sec-
retary and the qualified State agency that 
issued the applicable license. 
(4) DISCLOSURE TO PUBLIC NOT REQUIRED.— 
Notwithstanding any other provision of law, a reg-
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istration under paragraph (3)(C) is not required to 
be made available to the public. 
(b) ADDITIONAL OFFENSE.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), no person initiating, receiving, or other-
wise making a bet or wager with a licensee, or send-
ing, receiving, or inviting information assisting with 
a bet or wager with a licensee, shall knowingly use, 
possess, or assist another in the use of any cheating 
device with intent to cheat or defraud any licensee 
or other persons placing bets or wagers with such li-
censee. 
(2) BOTS.—A software program that makes 
bets or wagers according to an algorithm shall con-
stitute a type of cheating device under this sub-
section. 
(3) PERMISSIBLE USES.—It shall not be a vio-
lation of this subsection for a licensee, its agents, a 
qualified State agency, or its agent to use or posses 
a device described in paragraph (1) or (2) if— 
(A) such use or possession is solely for 
purposes of testing an Internet poker facility; 
(B) such device is not used in live play in-
volving actual bets or wagers; and 
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(C) such device is registered with the 
qualified State agency that issued the applicable 
license. 
(4) DISCLOSURE TO PUBLIC NOT REQUIRED.— 
Notwithstanding any other provision of law, a reg-
istration under paragraph (3)(C) is not required to 
be made available to the public. 
(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. 
(d) CRIMINAL
PENALTY.—Whoever violates sub-
section (a) or (b) shall be fined under title 18, United 
States Code, or imprisoned for not more than 3 years, or 
both. 
(e) REPORTS.— 
(1) RECOMMENDED
MINIMUM
STANDARDS.— 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary shall submit to Con-
gress a report containing the recommendations of 
the Secretary on what minimum standards quali-
fying bodies should adopt to carry out the require-
ments of subsection (a). 
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(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. INAPPLICABILITY OF CERTAIN PROVISIONS TO 
INTERSTATE OFF-TRACK WAGERS. 
The provisions of this title requiring a license and of 
subchapter IV of chapter 53 of title 31, United States 
Code, restricting acceptance of bets or wagers made by 
individuals located in the United States or requiring the 
blocking or other prevention of restricted transactions 
shall not apply with respect to the placing, transmitting, 
or receiving of interstate off-track wagers, as such term 
is defined in section 3 of the Interstate Horseracing Act 
of 1978 (15 U.S.C. 3002), that are permissible under such 
Act (15 U.S.C. 3001 et seq.), whether such off-track 
wager is made by telephone, Internet, satellite, or other 
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wire or wireless communication facility, service, or me-
dium. 
SEC. 112. 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. 
(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 Federal or State law 
that was in effect before the date of the enactment of this 
Act that— 
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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) SCOPE OF WIRE ACT.—Section 1084 of title 18, 
United States Code, is amended by adding at the end the 
following new subsection: 
‘‘(f) This section, subchapter IV of chapter 53 of title 
31, and any other provision of Federal law that establishes 
criminal penalties for any activity involved in placing, re-
ceiving, or otherwise transmitting a bet or wager, informa-
tion assisting in the placing of bets or wagers, or a com-
munication which entitles the recipient to receive money 
or credit as a result of bets or wagers, shall not apply 
to any activity that is permissible under the Interstate 
Horseracing Act of 1978 (15 U.S.C. 3001 et seq.) or title 
I of the Internet Gambling Prohibition, Poker Consumer 
Protection, and Strengthening UIGEA Act of 2011.’’. 
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(f) NO IMPACT ON INDIAN GAMING REGULATORY 
ACT.— 
(1) IN GENERAL.—No provision of this title or 
decision or action taken by an Indian tribe or State 
pursuant to this title shall have any effect on non- 
Internet gaming activities within the scope of section 
of the Indian Gaming Regulatory Act (25 U.S.C. 
2710) or any successor provisions or on any Tribal- 
State compacts or authorities pursuant thereto. 
(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 an In-
dian tribe’s status, category, or class under such sec-
tion shall not impact its status or ability to offer 
bets or wagers pursuant to this title. 
(3) NEW NEGOTIATIONS NOT REQUIRED.— 
(A) INDIAN TRIBES.—The fact that an In-
dian 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 an Indian tribe to ne-
gotiate a new agreement, limitation, or other 
provision of tribal-State compact, agreement, or 
other understanding with respect to gaming or 
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revenue-sharing, with regard 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. 113. REGULATIONS. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary shall prescribe such regula-
tions as the Secretary considers necessary and where ex-
pressly required or authorized to carry out this title. 
SEC. 114. 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 
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on the licensing and regulation of Internet poker facilities 
under this title, including— 
(1) the amount of fees collected under section 
104(e) and, in cooperation with the Secretary of 
Treasury, an estimate of the amount of income tax 
revenue that is attributable to the operation of 
Internet poker facilities during the period covered by 
the report; 
(2) a list of qualified State agencies, the num-
ber of licensees reviewed by the qualified State agen-
cies under this title, and the outcomes of such re-
views; 
(3) a description of the efforts the Secretary 
has undertaken to ensure that qualified State agen-
cies are properly issuing licenses and regulating li-
censees under this title; 
(4) a detailed description of each type of game 
offered by licensees and how each type is consistent 
with the definition of poker under section 102; and 
(5) any other information the Secretary deter-
mines may be useful to Congress. 
(c) CONSUMER PROTECTION.—Not later than 1 year 
after the date that licenses first issue under this title and 
annually thereafter, the Secretary shall transmit to the 
Committee on Energy and Commerce of the House of 
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Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on 
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 State agency to protect consumers from 
unfair or deceptive acts or practices, including de-
ceptive advertising and marketing to minors; 
(2) a description of the practices that the Sec-
retary recommends qualified State agency 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. 115. 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 the enactment 
of this Act. 
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(b) REGULATIONS REQUIRED BEFORE ISSUING LI-
CENSES.—Notwithstanding any other provision of this 
title, a qualified State agency may not issue a license 
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: 
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‘‘§ 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 
or transaction, including a payments processing activity, 
in connection with a bet or wager permitted by the Inter-
net Gambling Prohibition, Poker Consumer Protection, 
and Strengthening UIGEA Act of 2011 or the Interstate 
Horseracing 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 violation of either such Act or any other applicable pro-
vision 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); 
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‘‘(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-
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— 
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‘‘(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 
‘‘(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— 
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‘‘(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 the enactment of the Internet Gambling 
Prohibition, Poker Consumer Protection, and 
Strengthening UIGEA Act of 2011, submit to 
the Secretary a list of unlicensed Internet gam-
bling 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). 
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‘‘(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 
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 
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the enactment of the Interne Gambling Prohibi-
tion, Poker Consumer Protection, and Strength-
ening UIGEA Act of 2011, the Director shall 
complete an initial investigation of entities that 
appear to be unlicensed Internet gambling en-
terprises. 
‘‘(B) 
SUBSEQUENT
INVESTIGATIONS.— 
After completing the initial investigation re-
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 gaming, 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 
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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. 
‘‘(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 
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‘‘(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 
(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-
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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 
‘‘(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). 
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‘‘(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). 
‘‘(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— 
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‘‘(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 
‘‘(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 the enactment of the Internet Gambling Pro-
VerDate Mar 15 2010 
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srobinson on DSK4SPTVN1PROD with BILLS