(n) LIST OF LICENSED INTERNET GAMBLING FA-
CILITIES.—The Secretary shall establish and maintain a 
list of all Internet gambling facilities licensed under this 
section. The Secretary shall update such list regularly and 
make such list publicly available on an Internet website. 
SEC. 107. COMPULSIVE GAMING, RESPONSIBLE GAMING, 
AND SELF-EXCLUSION PROGRAM REQUIRE-
MENTS. 
(a) REGULATIONS REQUIRED.— 
(1) IN GENERAL.—Each qualified body shall, 
before issuing any licenses under this title, prescribe 
regulations for the development of a Compulsive 
Gaming, Responsible Gaming, and Self-Exclusion 
Program that each licensee of that qualified body 
shall implement as a condition of licensure. 
(2) OUTREACH.—The regulations required by 
paragraph (1) shall also provide for the establish-
ment of a program to alert the public to the exist-
ence, consequences, and availability of the self-exclu-
sion list established under subsection (c). 
(b) MINIMUM REQUIREMENTS.—Under each pro-
gram under subsection (a), a licensee shall, under the 
scope of the license issued the licensee under this title, 
at a minimum— 
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(1) provide informational materials written in 
plain language about responsible gaming, including 
information about the self-exclusion list established 
under subsection (c) and how a player may request 
placement on the list, each time a player signs in to 
make a bet or wager, which materials shall be pro-
vided via a prominently displayed hyperlink or com-
parable mechanism; 
(2) provide informational materials about re-
sponsible gaming to any player that requests such 
materials; 
(3) make continuously available individualized 
responsible gaming options that any customer may 
choose, including allowing customers to self-limit de-
posits amounts, frequency of play, and losses, as well 
as their access to the issuance of credit, check cash-
ing, or direct mail marketing by the licensee, in each 
case as and to the extent that the qualified body 
may consider appropriate; 
(4) ensure to a reasonable degree of certainty 
that persons on the list of self-excluded persons es-
tablished pursuant to subsection (c) are prevented 
from initiating any bets or wagers within the scope 
of this title; and 
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(5) ensure that the information required under 
this subsection is clearly and prominently made 
available by the licensee in each language in which 
services of the Internet gambling facility of the li-
censee are offered. 
(c) LIST OF PERSONS SELF-EXCLUDED.— 
(1) ESTABLISHMENT.— 
(A) LISTS
MAINTAINED
BY
QUALIFIED 
BODIES.— 
(i) IN GENERAL.—Each qualified body 
shall establish and maintain a list of per-
sons self-excluded from playing Internet 
gambling through Internet gambling facili-
ties licensed by the qualified body. 
(ii) SUBMITTAL TO SECRETARY.—At 
the end of each day, each qualified body 
shall submit to the Secretary a current 
copy of the list established and maintained 
by the qualified body under clause (i). 
(B) MASTER
LIST
MAINTAINED
BY
SEC-
RETARY.— 
(i) IN GENERAL.—The Secretary shall 
establish and maintain a master list of all 
persons self-excluded from playing Internet 
gambling through Internet gambling facili-
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ties licensed under this title. Such list shall 
consist of all persons submitted under sub-
paragraph (A)(ii). 
(ii) 
AVAILABILITY.—The 
Secretary 
shall make the master list established and 
maintained under clause (i) available to all 
qualified bodies and licensees on an ongo-
ing basis and licensees shall ensure to a 
reasonable degree of certainty that persons 
on the master list of self-excluded persons 
are prevented from initiating any bets or 
wagers within the scope of this title. 
(iii) SHARING OF INFORMATION.—(I) 
Notwithstanding any other provision of 
law, qualified bodies and licensees may 
share information relating to persons on 
the master list among one another and 
with other regulators, whether Federal, 
State, tribal, local, or foreign, for the pur-
pose of facilitating the prevention of self- 
excluded persons from initiating any bets 
or wagers within the scope of this title. 
(II) The Secretary shall establish ap-
propriate safeguards for the purpose of 
protecting the confidentiality of any per-
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sonal information shared pursuant to this 
clause, to prevent the disclosure of such in-
formation to unauthorized persons or for 
any purpose other than facilitating the pre-
vention of self-excluded persons from initi-
ating any bets or wagers within the scope 
of this title. 
(C) PLACEMENT
REQUEST.—Any person 
may request placement on the list of self- ex-
cluded persons by— 
(i) acknowledging in a manner to be 
established by each qualified body with re-
spect to its licensees that the person wishes 
to be denied gaming privileges within the 
scope of this title; and 
(ii) agreeing that, during any period 
of voluntary exclusion, the person may not 
participate in Internet gambling or collect 
any winnings or recover any losses result-
ing from any gaming activity at any Inter-
net gambling facility of a licensee. 
(2) LIMITATION ON LIABILITY.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the United States, the Sec-
retary, a qualified body, the State or Indian 
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tribe in which that qualified body is located, an 
enforcement agent, licensee, or any employee or 
agent thereof, shall not be liable to any self-ex-
cluded person or to any other party in any judi-
cial or administrative proceeding for any harm, 
monetary or otherwise, which may arise as a re-
sult of— 
(i) any failure to withhold gaming 
privileges from, or to restore gaming privi-
leges to, a self-excluded person; 
(ii) otherwise permitting a self-ex-
cluded person to engage in gaming activity 
while on the list of self-excluded persons; 
or 
(iii) disclosure to licensees, significant 
vendors, or employees or agents of licens-
ees or significant vendors of the fact that 
an individual has been placed on the list of 
self-excluded persons and of other informa-
tion that is reasonably necessary to iden-
tify that individual in order to carry out 
this subsection, including the address, date 
of birth, and taxpayer identification num-
ber of the individual. 
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(B) LICENSEES.—A licensee or employee 
or agent thereof may be liable to a self- ex-
cluded person in a judicial or administrative 
proceeding for a harm described in subpara-
graph (A) to the extent provided under the law 
of the State or Indian tribe of the qualified 
body that issued the license. 
(C) RULE OF CONSTRUCTION.—Nothing in 
this paragraph shall be construed to prevent the 
Secretary or a qualified body from assessing a 
regulatory sanction against a licensee or person 
for failing to comply with a provision of this 
section or a regulation prescribed thereunder or 
for misuse of any list of self-excluded persons 
for purposes not authorized under this section. 
(3) DISCLOSURE PROVISIONS.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of Federal, State, or tribal law, 
the list of self-excluded persons shall not be 
open to public inspection. 
(B) AFFILIATE DISCLOSURE.—If necessary 
to effectuate the self-exclusion purposes of this 
subsection, any licensee may disclose the identi-
ties of persons on the self- excluded list to any 
significant vendor, service provider, or affiliated 
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company to the extent that the significant ven-
dor, service provider, or affiliated company 
maintains such information under confiden-
tiality provisions comparable to those in this 
subsection. 
(d) GAMING BY PROHIBITED PERSONS.— 
(1) PROHIBITION ON BENEFITTING FROM PRO-
HIBITED GAMING ACTIVITY.—A person who is pro-
hibited from gaming with a licensee by law, or by 
order of the Secretary, a qualified body, or any court 
of competent jurisdiction, including any person on 
the self-exclusion list under subsection (c), shall not 
collect, in any manner or proceeding, any winnings 
or recover any losses arising as a result of prohibited 
gaming activity with a licensee. 
(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 wa-
gers made by a prohibited person while the applica-
ble prohibition is effective shall be subject to for-
feiture by order of the Secretary or a qualified body, 
following notice to the prohibited person and oppor-
tunity to be heard. 
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(3) DEPOSIT
OF
FORFEITED
FUNDS.—Any 
funds forfeited pursuant to this subsection shall be 
deposited into the Treasury of the United States, or, 
in the case of a forfeiture to a qualified body, as 
provided by the applicable State or tribal law. 
(e) ADMINISTRATIVE PROVISIONS.— 
(1) NO DUTY TO IDENTIFY OR EXCLUDE COM-
PULSIVE PLAYERS NOT ON LIST.—No provision of 
this section shall be construed as creating a legal 
duty in the Secretary, a qualified body, a licensee, 
or any employee or agent thereof to identify or to 
exclude compulsive players not on the list of self-ex-
cluded persons. 
(2) NO CAUSE OF ACTION.—The Secretary, a 
qualified body, a licensee, and any employee or agent 
thereof, shall not be liable to any person in any pro-
ceeding for losses or other damages of any kind aris-
ing out of that person’s gaming activities based on 
a claim that the person was a compulsive, problem, 
or pathological player. 
(3) NO PRIVATE RIGHT OF ACTION.—Nothing 
in this section shall be construed to create a private 
right of action. 
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SEC. 108. PROHIBITION ON USE OF LICENSES IN CERTAIN 
STATES AND INDIAN LANDS. 
(a) IN GENERAL.—Internet gambling provided by 
Internet gambling facilities licensed under this title shall 
be lawful in the United States only with respect to the 
acceptance of bets or wagers from individuals located in 
States and Indian lands that have opted-in under this sec-
tion. 
(b) STATE PARTICIPATION.— 
(1) OPT-IN ELECTION.—A State shall be con-
sidered to have opted-in under this section if its 
Governor or any other person authorized to make 
such notification under the laws of such State has 
not notified the Secretary within 120 days of enact-
ment that— 
(A) Internet gambling is prohibited in such 
State, or 
(B) the State declines to participate in 
Internet gambling authorized under this Act. 
(2) OPT-OUT ELECTION.—A State shall be con-
sidered not to have opted-in under this section if— 
(A) a majority of a quorum of each cham-
ber of the legislature of the State has approved 
a bill, resolution, or similar measure that ex-
presses that bets or wagers authorized under 
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this title should be prohibited in such State; 
and 
(B) such bill, resolution, or similar meas-
ure is the most recent bill, resolution, or similar 
measure approved by a majority of a quorum of 
each chamber of the legislature of the State 
that expresses whether bets or wagers author-
ized under this title should be prohibited in 
such State. 
(3) LIMITATION ON STATE PARTICIPATION.— 
Notwithstanding any other provision of law, for pur-
poses of determining whether a State has opted-in 
under this section, neither the Secretary nor any 
provision of State law may require a State to under-
take any additional or different procedures than 
those specified in paragraphs (1) and (2). 
(4) EFFECTIVE DATE OF CHANGES.—If a State 
changes its election to participate or not to partici-
pate under paragraph (1) or (2), such change shall 
apply, for purposes of this title, beginning on the 
later of— 
(A) 60 days after the date of the notifica-
tion to the Secretary by the Governor any other 
person authorized under the laws of such State 
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that the State has changed its election to par-
ticipate or not; or 
(B) the effective date specified in any bill, 
resolution, or similar measure determining the 
participation of the State in Internet gambling 
under the laws of such State. 
(c) INDIAN TRIBE NOTICE AND PARTICIPATION.— 
(1) OPT-IN ELECTION.—Except as provided in 
paragraphs (3) and (4), an Indian tribe shall be con-
sidered to have opted-in under this section if the 
principal chief or other chief executive officer or des-
ignated authority of such Indian tribe has not noti-
fied the Secretary within 120 days of enactment 
that— 
(A) Internet gambling is prohibited by 
such Indian tribe, or 
(B) the Indian tribe declines to participate 
in Internet gambling authorized under this Act. 
(2) OPT-OUT ELECTION.—Except as provided in 
paragraph (3) and subsection (d), an Indian tribe 
shall be considered not to have opted-in under this 
section if the principal chief or other chief executive 
officer or designated authority of such Indian tribe 
submits written notice to the Secretary that bets or 
wagers otherwise authorized under this title should 
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wagers authorized under this title should 
be prohibited on the Indian lands of such 
Indian tribe. 
(C) EFFECTIVE DATE.—A change in elec-
tion under this paragraph shall apply, for pur-
poses of this title, beginning on the later of— 
(i) 60 days after the date the most re-
cent notice is submitted under subpara-
graph (A); or 
(ii) the effective date specified in such 
notice. 
(4) INDIAN LANDS LOCATED IN STATES THAT 
HAVE OPTED-OUT.—The decision of a State to opt- 
in or opt-out shall have no effect on Internet gam-
bling in the lands of an Indian tribe located within 
a State, which shall be governed solely by determina-
tions made by the Indian tribe, as communicated to 
the Secretary by the principal chief or other chief ex-
ecutive officer or designated authority of an Indian 
tribe. 
(d) PROHIBITION ON UNLICENSED BETS OR WA-
GERS.— 
(1) IN GENERAL.—Except as expressly author-
ized in this title, no State or Indian tribe may au-
thorize or operate a facility that offers Internet gam-
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bling unless the Internet gambling facility is author-
ized and licensed by that State or Indian tribe in 
compliance with the law of that State or Indian 
tribe, as applicable, and solely provides services to 
participants wholly within the boundaries of such 
State or the Indian lands of such Indian tribe.. 
(2) LIMITATION.—The prohibition set out in 
paragraph (1) shall not apply to any bet or wager 
authorized pursuant to a State or tribal law enacted 
or authorized by a license issued pursuant to this 
title. 
(e) NOTIFICATION AND ENFORCEMENT OF STATE 
AND INDIAN TRIBE PROHIBITIONS.— 
(1) IN GENERAL.—The Secretary shall notify 
qualified bodies, all licensees, and applicants of all 
States and Indian tribes that are considered to have 
opted-in under this section, promptly upon receipt of 
any notice received under subsection (b) or (c) and 
not fewer than 30 days before the effective date of 
such notice. 
(2) VIOLATIONS.—It shall be a violation of this 
title for any licensee to accept a bet or wager initi-
ated or otherwise made by a person who the licensee 
knows is located at the time of placing such bet or 
wager within any State or on the Indian lands of 
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any Indian tribe which is not considered to have 
opted-in under this section. 
(3) STATE
ATTORNEY
GENERAL
ENFORCE-
MENT.—In any case in which the attorney general of 
a State or any State or local law enforcement agen-
cy, authorized by the attorney general of the State 
or by State statute to prosecute violations of con-
sumer protection law, has reason to believe that an 
interest of the residents of that State has been or 
is threatened or adversely affected by a violation by 
a licensee under paragraph (2), the State, or the 
State or local law enforcement agency, may bring a 
civil action on behalf of the residents of that State 
or jurisdiction in a district court of the United 
States located therein— 
(A) to enjoin that practice; or 
(B) to enforce compliance with this section. 
(4) INDIAN TRIBE ENFORCEMENT.—In any case 
in which the chief law enforcement officer of an In-
dian tribe or tribal law enforcement agency, author-
ized by the chief law enforcement officer of the In-
dian tribe or by tribal law to prosecute violations of 
consumer protection law, has reason to believe that 
an interest of the residents of the Indian lands with-
in the tribe’s jurisdiction has been or is threatened 
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or adversely affected by a violation by a licensee 
under paragraph (2), the Indian tribe, or the tribal 
law enforcement agency, may bring a civil action on 
behalf of the residents of those Indian lands in a 
district court of the United States located nearest to 
those Indian lands— 
(A) to enjoin that practice; or 
(B) otherwise to enforce compliance with 
this section. 
(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 thereto shall have any effect on non-Inter-
net gaming activities within the scope of section 11 
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 gambling fa-
cilities under this title shall not be considered class 
II or class III gaming under such section, and an 
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. 
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(3) NEW NEGOTIATIONS NOT REQUIRED.— 
(A) INDIAN TRIBES.—The fact that an In-
dian tribe is operating under a license issued 
under this title or that a tribal regulatory body 
is acting as a qualified body under this title 
shall not require an Indian tribe to negotiate a 
new agreement, limitation, or other provision of 
tribal-State compact, agreement, or other un-
derstanding with respect to gaming or revenue- 
sharing, with regard to any bet or wager occur-
ring pursuant to a license issued under this 
title. 
(B) STATES.—The fact that a State has 
opted in under this section or that a State reg-
ulatory body is acting as a qualified body under 
this title shall not require the State to negotiate 
a new agreement, limitation, or other provision 
of tribal-State compact, agreement, or other un-
derstanding with respect to gaming or revenue- 
sharing, with regard to any bet or wager occur-
ring pursuant to a license issued under this 
title. 
(g) NO IMPACT ON ACTIVITIES CARRIED OUT SOLE-
LY WITHIN A STATE OR WITHIN TRIBAL LANDS.—No 
provision of this title shall have any effect on Internet 
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gaming activities that are authorized and licensed by that 
State or Indian tribe (as the case may be) in compliance 
with the law of that State or Indian tribe as of the date 
before the date of the enactment of this Act, as applicable, 
and that solely provide services to participants wholly 
within the boundaries of that State or the Indian lands 
of that Indian tribe. 
SEC. 109. PROHIBITION ON BETS OR WAGERS ON SPORTING 
EVENTS. 
(a) IN GENERAL.—No provision of this title shall be 
construed to authorize any licensee to accept a bet or 
wager on any sporting event in violation of any applicable 
provision of Federal or State law. 
(b) CONSTRUCTION.—Nothing in this title shall be 
construed to repeal or amend any provision of Federal or 
State law prohibiting, restricting, or otherwise addressing 
bets or wagers on sporting events, including provisions of 
Federal and State law that permit participation in any 
fantasy or simulation sports games. 
SEC. 110. PUBLIC INTERNET GAMBLING AND INTERNET 
GAMBLING PARLORS PROHIBITED. 
(a) IN GENERAL.—It shall be considered a violation 
of this title to operate a place of public accommodation, 
club (including a club or association limited to dues-paying 
members or similar restricted groups), or similar estab-
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lishment in which computer terminals or similar access de-
vices are made available to be used principally for the pur-
pose of accessing Internet gambling facilities. 
(b) CRIMINAL PENALTIES.—Any person who violates 
subsection (a) shall be fined under title 18, United States 
Code, imprisoned for not more than 5 years, or both. 
(c) CONSTRUCTION.—Nothing in this title shall be 
construed to authorize or otherwise to permit the oper-
ation of places of public accommodation, clubs (including 
clubs or associations limited to dues-paying members or 
similar restricted groups) and similar establishments that 
permit access to Internet gambling facilities. 
(d) RELATION
TO STATE, LOCAL, AND TRIBAL 
LAW.—Places of public accommodation, clubs, or similar 
establishments described in subsection (c) shall be subject 
to all otherwise applicable State, local, and tribal police, 
criminal, zoning, and other regulatory powers which are 
not intended to be limited in any way by this title. 
SEC. 111. SAFE HARBOR. 
It shall be an affirmative defense to any prosecution 
or enforcement action under any provision of Federal, 
State, or tribal law that the activity forming the basis of 
such prosecution or enforcement action is authorized 
under and has been carried out lawfully in accordance with 
and under the terms of this title. 
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SEC. 112. CHEATING AND OTHER FRAUD. 
(a) CHEATING
AND CHEATING DEVICES PROHIB-
ITED.— 
(1) CHEATING PROHIBITED.—No person initi-
ating, receiving, or otherwise making a bet or wager 
with a licensee, or sending, receiving, or inviting in-
formation assisting with a bet or wager with a li-
censee shall knowingly violate, attempt to violate, or 
assist another in violating the rules of play estab-
lished by the licensee for the purpose of obtaining 
prohibited or unfair advantage in any game author-
ized under this title. 
(2) CHEATING DEVICES.—Except as provided in 
paragraph (3), 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 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. 
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(3) PERMISSIBLE USES.—It shall not be a vio-
lation of this subsection for a licensee, its agents, a 
qualified body, or its agents to use or possess a de-
vice described in the preceding sentence if— 
(A) such use or possession is solely for 
purposes of testing an Internet gambling facil-
ity; 
(B) such device is not used in live play in-
volving actual bets or wagers; and 
(C) such device is registered with the 
qualified body 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. 
(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. 
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(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 body, or its agent to use or possess a device 
described in paragraph (1) or (2) if— 
(A) such use or possession is solely for 
purposes of testing an Internet gambling facil-
ity; 
(B) such device is not used in live play in-
volving actual bets or wagers; and 
(C) such device is registered with the 
qualified body 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) CRIMINAL
PENALTY.—Whoever violates sub-
section (a) or (b) shall be fined under title 18, United 
States Code, imprisoned for not more than 3 years, or 
both. 
(d) PERMANENT INJUNCTION.—Upon conviction of a 
person for violation of this section, the court may enter 
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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. 
(e) REPORT ON THREATS TO OPERATION OF INTER-
NET GAMBLING FACILITIES.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of first issuance specified in section 114(a), 
the Director of the National Institute of Standards 
and Technology shall submit to Congress a report on 
threats to the integrity of Internet gambling facili-
ties operated by licensees. 
(2) ELEMENTS.—The report required by para-
graph (1) shall include the following: 
(A) Identification of threats to the integ-
rity of Internet gambling facilities operated by 
licensees. 
(B) Identification of technologies that 
could be used to hack computer networks, facili-
tate cheating, or otherwise place consumers at 
risk of fraud or monetary loss. 
(C) An evaluation of steps taken by Inter-
net gambling facilities licensed under this title 
to respond to the threats identified pursuant to 
subparagraph (A). 
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