or information assisting in the placing of bets or wagers,
if—
‘‘(1) at the time the transmission occurs, the in-
dividual or entity placing the bets or wagers or infor-
mation assisting in the placing of bets or wagers, the
gambling business, and any facility or support service
processing those bets or wagers are physically located
in the same State, and the State has a secure and ef-
fective customer verification and age verification sys-
tem to assure compliance with age and residence re-
quirements, and for class II or class III gaming
under the Indian Gaming Regulatory Act, are phys-
ically located on Indian lands within that State;
‘‘(2) the State or Tribe has explicitly authorized
such bets and wagers;
‘‘(3) the State has explicitly authorized and li-
censed the operation of the gambling business, any fa-
cility processing the bets and wagers, and the support
service within its borders or the Tribe has explicitly
authorized and licensed the operation of such gam-
bling business, any facility processing the bets and
wagers, and the support service on Indian lands with-
in its jurisdiction;
‘‘(4) with respect to class II or class III gaming,
the game is permitted under and conducted in accord-
ance with the Indian Gaming Regulatory Act;
‘‘(5) with respect to class III gaming under the
Indian Gaming Regulatory Act, the game is author-
ized under, and is conducted in accordance with, the
respective Tribal-State compact of the Tribe having
jurisdiction over the Indian lands where the indi-
vidual or entity placing the bets or wagers or infor-
mation assisting in the placing of bets or wagers, the
gambling business, and any facility or support service
processing those bets or wagers are physically located;
and
‘‘(6) with respect to class III gaming under the
Indian Gaming Regulatory Act, each such Tribal-
State compact expressly provides that the game may
be conducted using a communication facility to trans-
mit bets or wagers or information assisting in the
placing of bets or wagers.
‘‘(f) Nothing in this section creates immunity from
criminal prosecution under any laws of any State or Tribe.
‘‘(g) Nothing in this section authorizes activity that
is prohibited under chapter 178 of title 28, United States
Code.
‘‘(h) When any common carrier, subject to the jurisdic-
tion of the Federal Communications Commission, is noti-
fied in writing by a Federal, State, tribal or local law en-
forcement agency, acting within its jurisdiction, that any
communication facility furnished by it is being used or will
be used by its subscriber for the purpose of transmitting
or receiving gambling information, in interstate or foreign
commerce, within the special maritime and territorial ju-
risdiction of the United States, or to or from any place out-
side the jurisdiction of any nation with respect to any
transmission to or from the United States in violation of
Federal, State, tribal or local law, it shall discontinue or
refuse, the leasing, furnishing, or maintaining of such facil-
ity, after reasonable notice to the subscriber, but no dam-
ages, penalty or forfeiture, civil or criminal, shall be found
against any common carrier for any act done in compli-
ance with any notice received from a law enforcement agen-
cy. Nothing in this section shall be deemed to prejudice the
right of any person affected thereby to secure an appro-
priate determination, as otherwise provided by law, in a
Federal court or in a State, tribal, or local tribunal or
agency, that such facility should not be discontinued or re-
moved, or should be restored.
‘‘(i)(1) A Federal, State, tribal, or local law enforce-
ment agency, acting within its jurisdiction may, in a civil
action, obtain injunctive or declaratory relief to restrain
or prevent any person from paying or assisting in the pay-
ment of bets or wagers, or communicating information as-
sisting in the placing of bets or wagers, in interstate or
foreign commerce, within the special maritime and terri-
torial jurisdiction of the United States, or to or from any
place outside the jurisdiction of any nation with respect to
any transmission to or from the United States in violation
of Federal, State, tribal, or local law.
‘‘(2) No damages, penalty, or forfeiture, civil or crimi-
nal, shall be found against any person or entity for any
act done in compliance with any notice received from a law
enforcement agency.
‘‘(3) Relief granted under paragraph (1) against an
interactive computer service (as defined in section 230(f)
of the Communications Act of 1934) shall—
‘‘(A) be limited to the removal of, or disabling of
access to, an online site violating this section, or a
hypertext link to an online site violating this section,
that resides on a computer server that such service
controls or operates; except this limitation shall not
apply if the service is violating this section or is in
active concert with a person who is violating this sec-
tion and receives actual notice of the relief;
‘‘(B) be available only after notice to the inter-
active 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 affirma-
tively seek facts indicating activity violating this sec-
tion;
‘‘(D) specify the interactive computer service to
which it applies; and
‘‘(E) specifically identify the location of the on-
line site or hypertext link to be removed or access to
which is to be disabled.
‘‘(j) Nothing in this section allows the use of a commu-
nication facility for the purpose of placing a bet or wager
or the use of a communication facility for the purpose of
transmitting information assisting in the placement of bets
or wagers that was illegal as of June 6, 2002.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 50 of such title is amended so that
the item relating to section 1084 reads as follows:
‘‘1084.
Use of a communication facility to transmit bets or wagers; penalties.’’.
Union Calendar No. 356
107TH CONGRESS
2D SESSION
H. R. 3215
[Report No. 107–591, Part I]
A BILL
To amend title 18, United States Code, to expand
and modernize the prohibition against interstate
gambling, and for other purposes.
JULY 18, 2002
Reported with an amendment and referred to the Com-
mittee on Energy and Commerce for a period ending
no later than July 19, 2002, for consideration of such
provisions of the bill and amendment as fall within the
jurisdiction of that committee pursuant to clause 1(f),
rule X
JULY 19, 2002
Committee on Energy and Commerce discharged; com-
mitted to the Committee of the Whole House on the
State of the Union and ordered to be printed