‘‘(1) 
IN
GENERAL.—Relief 
granted 
under this section against an interactive 
computer service shall— 
‘‘(A) be limited to the removal of, 
or disabling of access to, an online 
site violating section 5363, or a hyper-
text link to an online site violating 
such section, that resides on a com-
puter server that such service con-
trols or operates, except that the limi-
tation in this subparagraph shall not 
apply if the service is subject to li-
ability under this section under sec-
tion 5367; 
‘‘(B) be available only after notice 
to the interactive computer service 
and an opportunity for the service to 
appear are provided; 
‘‘(C) not impose any obligation on 
an interactive computer service to 
monitor its service or to affirmatively 
seek facts indicating activity vio-
lating this subchapter; 
‘‘(D) specify the interactive com-
puter service to which it applies; and 
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‘‘(E) specifically identify the loca-
tion of the online site or hypertext 
link to be removed or access to which 
is to be disabled. 
‘‘(2) COORDINATION WITH OTHER LAW.— 
An interactive computer service that 
does not violate this subchapter shall not 
be liable under section 1084(d) of title 18, 
except that the limitation in this para-
graph shall not apply if an interactive 
computer service has actual knowledge 
and control of bets and wagers and— 
‘‘(A) operates, manages, super-
vises, or directs an Internet website 
at which unlawful bets or wagers 
may be placed, received, or otherwise 
made or at which unlawful bets or 
wagers are offered to be placed, re-
ceived, or otherwise made; or 
‘‘(B) owns or controls, or is owned 
or controlled by, any person who op-
erates, manages, supervises, or di-
rects an Internet website at which 
unlawful bets or wagers may be 
placed, received, or otherwise made, 
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or at which unlawful bets or wagers 
are offered to be placed, received, or 
otherwise made. 
‘‘(d) LIMITATION
ON INJUNCTIONS AGAINST 
REGULATED
PERSONS.—Notwithstanding any 
other provision of this section, and subject to 
section 5367, no provision of this subchapter 
shall be construed as authorizing the Attor-
ney General of the United States, or the attor-
ney general (or other appropriate State offi-
cial) of any State to institute proceedings to 
prevent or restrain a restricted transaction 
against any financial transaction provider, to 
the extent that the person is acting as a finan-
cial transaction provider. 
‘‘§ 5366. Criminal penalties 
‘‘(a) IN GENERAL.—Whoever violates sec-
tion 5363 shall be fined under title 18, or im-
prisoned for not more than 5 years, or both. 
‘‘(b) PERMANENT INJUNCTION.—Upon con-
viction of a person under this section, the 
court may enter a permanent injunction en-
joining such person from placing, receiving, 
or otherwise making bets or wagers or send-
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ing, receiving, or inviting information assist-
ing in the placing of bets or wagers. 
‘‘§ 5367. Circumventions prohibited 
‘‘Notwithstanding section 5362(2), a finan-
cial transaction provider, or any interactive 
computer service or telecommunications serv-
ice, may be liable under this subchapter if 
such person has actual knowledge and con-
trol of bets and wagers, and— 
‘‘(1) operates, manages, supervises, or 
directs an Internet website at which un-
lawful bets or wagers may be placed, re-
ceived, or otherwise made, or at which 
unlawful bets or wagers are offered to be 
placed, received, or otherwise made; or 
‘‘(2) owns or controls, or is owned or 
controlled by, any person who operates, 
manages, supervises, or directs an Inter-
net website at which unlawful bets or wa-
gers may be placed, received, or other-
wise made, or at which unlawful bets or 
wagers are offered to be placed, received, 
or otherwise made.’’. 
(b) TECHNICAL
AND CONFORMING AMEND-
MENT.—The table of sections for chapter 53 of 
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title 31, United States Code, is amended by 
adding at the end the following: 
‘‘SUBCHAPTER IV—PROHIBITION ON FUNDING OF UNLAWFUL 
INTERNET GAMBLING 
‘‘5361. Congressional findings and purpose. 
‘‘5362. Definitions. 
‘‘5363. Prohibition on acceptance of any financial instrument 
for unlawful Internet gambling. 
‘‘5364. Policies and procedures to identify and prevent re-
stricted transactions. 
‘‘5365. Civil remedies. 
‘‘5366. Criminal penalties. 
‘‘5367. Circumventions prohibited.’’. 
SEC. 4. INTERNET GAMBLING IN OR THROUGH FOREIGN 
JURISDICTIONS. 
(a) IN GENERAL.—In deliberations between 
the United States Government and any other 
country on money laundering, corruption, 
and crime issues, the United States Govern-
ment should— 
(1) encourage cooperation by foreign 
governments and relevant international 
fora in identifying whether Internet gam-
bling operations are being used for 
money laundering, corruption, or other 
crimes; 
(2) advance policies that promote the 
cooperation 
of 
foreign 
governments, 
through information sharing or other 
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measures, in the enforcement of this Act; 
and 
(3) encourage the Financial Action 
Task Force on Money Laundering, in its 
annual 
report 
on 
money 
laundering 
typologies, to study the extent to which 
Internet gambling operations are being 
used for money laundering purposes. 
(b) REPORT REQUIRED.—The Secretary of 
the Treasury shall submit an annual report to 
the Congress on any deliberations between 
the United States and other countries on 
issues relating to Internet gambling. 
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Union Calendar No. 267 
109TH CONGRESS 
2D SESSION 
H. R. 4411 
[Report No. 109–412, Parts I and II] 
A BILL 
To prevent the use of certain payment instruments, 
credit cards, and fund transfers for unlawful 
Internet gambling, and for other purposes. 
MAY 26, 2006 
Reported from the Committee on the Judiciary with an 
amendment; committed to the Committee of the Whole 
House on the State of the Union and ordered to be 
printed 
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