I 
113TH CONGRESS 
1ST SESSION H. R. 2666 
To establish a program for the licensing of Internet poker by States and 
federally recognized Indian tribes, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 11, 2013 
Mr. BARTON introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on 
Financial Services, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To establish a program for the licensing of Internet poker 
by States and federally recognized Indian tribes, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Internet Poker Freedom Act of 2013’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
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TITLE I—PROHIBITION ON UNLICENSED INTERNET POKER AND 
PROTECTIONS FOR INTERNET POKER CONSUMERS 
Sec. 101. Definitions. 
Sec. 102. Prohibition on unlicensed Internet poker. 
Sec. 103. Department of Commerce qualification and oversight of Qualified 
Regulatory Authorities. 
Sec. 104. Licensing by Qualified Regulatory Authorities. 
Sec. 105. Enforcement. 
Sec. 106. Compulsive gaming, responsible gaming, and self-exclusion program 
requirements. 
Sec. 107. Prohibitions and restrictions. 
Sec. 108. Safe harbor. 
Sec. 109. Relation to subchapter IV of chapter 53 of title 31, United States 
Code. 
Sec. 110. Cheating and other fraud. 
Sec. 111. Construction and relation to other law. 
Sec. 112. Regulations. 
Sec. 113. Annual reports. 
Sec. 114. Effective date. 
TITLE II—STRENGTHENING OF UNLAWFUL INTERNET 
GAMBLING ENFORCEMENT ACT OF 2006 
Sec. 201. Financial transaction providers. 
Sec. 202. List of unlicensed Internet gambling enterprises. 
Sec. 203. Regulations. 
Sec. 204. Conforming amendments. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Since the development of the Internet, on-
line Web sites offering Internet poker have raised 
numerous policy, consumer protection, and enforce-
ment concerns for Federal, State, and tribal govern-
ments as such Web sites are run by operators lo-
cated in many different countries and have sought to 
attract customers from the United States. 
(2) The Unlawful Internet Gambling Enforce-
ment Act of 2006 (title VIII of Public Law 109– 
347; 120 Stat. 1952) was intended to aid enforce-
ment efforts against unlawful Internet operators and 
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to limit unlawful Internet gaming involving United 
States persons. However, that Act has only been 
partially successful in doing so. 
(3) There is uncertainty about the laws of the 
United States governing Internet poker, though not 
about laws governing Internet sports betting. In 
United States v. DiCristina a Federal District Court 
for the Eastern District of New York held that 
poker is a game in which skill is the predominant 
factor in determining the outcome and that in pass-
ing the Illegal Gambling Businesses Act, Congress 
only intended to criminalize clear games of chance. 
(4) Additional tools to assist law enforcement in 
the prevention of unlawful Internet gaming activities 
would be important and beneficial. Maintenance of a 
list of unlicensed Internet poker enterprises and the 
owners, operators, and key personnel of such enter-
prises (as well as entities and related personnel 
found unsuitable) would aid those law enforcement 
efforts and would make the Unlawful Internet Gam-
bling Enforcement Act more effective. 
(5) Poker is distinct from the class of games of 
chance traditionally defined as gambling in that 
players compete against each other, and not the per-
son or entity hosting the game (sometimes called 
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‘‘the house’’), and that over any significant interval 
the outcome of a poker game is predominantly deter-
mined by the skill of the participants. 
(6) United States consumers would benefit from 
a program of Internet poker regulation which recog-
nizes the interstate nature of the Internet, but nev-
ertheless preserves the prerogatives of States and 
federally recognized Indian tribes. Such a system 
would require strict licensing of Internet poker pro-
viders and would require licensee operators to— 
(A) have effective means to prevent minors 
from playing poker on-line; 
(B) identify and help treat problem gam-
blers; 
(C) prevent minors and players in non-par-
ticipating States; 
(D) allow players to self-exclude and limit 
losses; and 
(E) prevent money laundering. 
(7) Such a program would create a new indus-
try within the United States creating thousands of 
jobs and substantial revenue for Federal, State, and 
tribal governments. 
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TITLE I—PROHIBITION ON UNLI-
CENSED 
INTERNET 
POKER 
AND 
PROTECTIONS 
FOR 
INTERNET 
POKER 
CON-
SUMERS 
SEC. 101. DEFINITIONS. 
As used in this title, the following definitions apply: 
(1) APPLICANT.—The term ‘‘applicant’’ means 
any person who has applied for a license pursuant 
to this title. 
(2) BET OR WAGER.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘bet or wager’’ has 
the meaning given the term in section 5362 of 
title 31, United States Code. 
(B) 
EXCEPTION.—The 
term 
‘‘bet 
or 
wager’’ does not include the following: 
(i) INTERSTATE
HORSERACING.—A 
bet or wager that is permissible under the 
Interstate Horseracing Act of 1978 (15 
U.S.C. 3001 et seq.). 
(ii) CERTAIN
INTRASTATE
TRANS-
ACTIONS.—Placing, receiving, or otherwise 
transmitting a bet or wager— 
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(I) as described in subparagraph 
(B) of section 5362(10) of title 31, 
United States Code, and clarified by 
subparagraph (E) of such section; and 
(II) authorized under a license 
that was issued by a regulatory body 
of a State or federally recognized In-
dian tribe on or before the date of en-
actment of this Act. 
(iii) INTRASTATE
LOTTERY
TRANS-
ACTIONS.—A bet or wager that is— 
(I) a chance or opportunity to 
win a lottery or other prize (which op-
portunity to win is predominantly sub-
ject to chance) authorized by a State 
or federally recognized Indian tribe; 
and 
(II) a placing, receiving, or trans-
mitting of a bet or wager as described 
in such subparagraph (B) and clari-
fied by subparagraph (E) of such sec-
tion 5362(10). 
(iv) INTRATRIBAL
TRANSACTIONS.— 
Placing, receiving, or otherwise transmit-
ting a bet or wager as described in sub-
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paragraph (C) of such section 5362(10), as 
clarified by such subparagraph (E). 
(3) CASINO GAMING.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘casino gaming’’ 
means the full range of casino gaming activity 
licensed by regulatory bodies of States or feder-
ally recognized Indian tribes that would be 
qualified as class III gaming under section 4 of 
the Indian Gaming Regulatory Act (25 U.S.C. 
2703), if that Act were applicable to the gam-
ing. 
(B) EXCEPTION.—The term ‘‘casino gam-
ing’’ does not include lotteries of States or fed-
erally recognized Indian tribes. 
(4) CASINO GAMING FACILITY.—The term ‘‘ca-
sino gaming facility’’ means a facility that provides 
casino gaming on a riverboat, at a race track, or in 
another facility that hosts gaming devices in one 
physical location pursuant to a duly authorized li-
cense issued by a gaming regulatory authority of a 
State or Indian tribe and has not fewer than 500 
slot machines. 
(5) COMMISSION.—The term ‘‘Commission’’ 
means the National Indian Gaming Commission. 
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(6) GAMING DEVICE.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘gaming device’’ 
means any computer-based gambling machine, 
including slot machines and video lottery termi-
nals that have been approved by a gaming regu-
latory authority of a State or federally recog-
nized Indian tribe. 
(B) EXCEPTIONS.—The term ‘‘gaming de-
vice’’ does not include— 
(i) machines that process bets or wa-
gers for parimutuel betting pools or class 
II gaming devices qualified under section 4 
of the Indian Gaming Regulatory Act (25 
U.S.C. 2703); or 
(ii) a personal computer. 
(7) INDEPENDENT
TESTING
LABORATORY.— 
The term ‘‘independent testing laboratory’’ means a 
testing laboratory that is accredited by an inter-
national accreditation body approved by the Sec-
retary and is not owned or controlled by an Internet 
gaming facility, an electronic gambling equipment 
vendor, manufacturer, or retailer, or an Internet 
gambling operator. 
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(8) INDIAN
LANDS
AND
FEDERALLY
RECOG-
NIZED INDIAN TRIBE.—The terms ‘‘Indian lands’’ 
and ‘‘federally recognized Indian tribe’’ have the 
meanings given the terms ‘‘Indian lands’’ and ‘‘In-
dian tribes’’, respectively, in section 4 of the Indian 
Gaming Regulatory Act (25 U.S.C. 2703). 
(9) INTERNET.—The term ‘‘Internet’’ has the 
meaning given the term in section 5362 of title 31, 
United States Code. 
(10) INTERNET
POKER.—The term ‘‘Internet 
poker’’ means a poker game, hand, tournament, or 
other contest of poker offered through the use of an 
Internet poker facility. 
(11) INTERNET
POKER
FACILITY.—The term 
‘‘Internet poker facility’’ means an Internet Web 
site, or similar communications facility in which 
transmissions may cross State boundaries, through 
which a bet or wager is initiated, received, or other-
wise made, solely with respect to a game, hand, 
tournament, or other contest of poker, whether 
transmitted by telephone, Internet, satellite, or other 
wire or wireless communication facility, service, or 
medium. 
(12) LICENSEE.—The term ‘‘licensee’’ means a 
person who operates an Internet poker facility under 
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a license issued by a qualified regulatory authority 
pursuant to this title. 
(13) OPERATE
AN
INTERNET
POKER
FACIL-
ITY.—The term ‘‘operate an Internet poker facility’’ 
means to conduct, direct, manage, own, supervise, or 
control an Internet poker facility. 
(14) POKER.—The term ‘‘poker’’ means any of 
several card games commonly known as poker in 
which players compete against each other, and not 
against any person, entity, or fellow player hosting 
the game (sometimes called ‘‘the house’’), the out-
come of which, over any significant interval, is pre-
dominantly determined by the skill of the players. 
(15) QUALIFIED
REGULATORY
AUTHORITY.— 
The term ‘‘qualified regulatory authority’’ means— 
(A) a State agency or regulatory body that 
has been designated as a qualified regulatory 
authority under section 103(c); 
(B) the designated regulatory authority of 
a federally recognized Indian tribe authorized to 
game under the Indian Gaming Regulatory Act 
and designated as a qualified regulatory author-
ity under section 103(c); or 
(C) the Office of Internet Poker Oversight 
established under section 103(b). 
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(16) 
QUALIFIED
CARD
ROOM.—The 
term 
‘‘qualified card room’’ means a facility that has been 
licensed by a State or federally recognized Indian 
tribe to provide at least 175 tables in one physical 
facility for bets or wagers on poker. 
(17) REMOTE GAMING EQUIPMENT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘remote gaming 
equipment’’ means electronic or other equip-
ment principally used by or on behalf of an op-
erator of an Internet poker facility, including by 
any significant vendor to such operator, to— 
(i) register a person’s participation in 
Internet poker and to store information re-
lating thereto; 
(ii) present to persons who are partici-
pating or who may participate in Internet 
poker the game that is to be played; 
(iii) determine all or part of, or the ef-
fect of, a result relevant to a game, hand, 
tournament, or other contest of Internet 
poker and to store information relating 
thereto; 
(iv) accept payment with respect to 
Internet poker from the player; or 
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(v) authorize payment of any winnings 
in respect of Internet poker. 
(B) EXCEPTION.—The term ‘‘remote gam-
ing equipment’’ does not include the following: 
(i) Equipment used for business con-
tinuity, back-up, excess capacity, or other 
secondary use. 
(ii) A computer which is used by a 
person to participate in Internet poker un-
less the computer is provided by or on be-
half of the person who is conducting or 
providing the facilities for the game. 
(iii) Equipment operated in the ordi-
nary course of providing banking, tele-
communications, or payment processing 
services. 
(iv) Such other equipment that pro-
vides ancillary services as the Secretary 
considers appropriate. 
(18) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Commerce. 
(19) SIGNIFICANT VENDOR.—The term ‘‘signifi-
cant vendor’’ means a person who— 
(A) on behalf of a licensee, knowingly man-
ages, administers, or controls bets or wagers 
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that are initiated, received, or otherwise made 
within the United States; 
(B) on behalf of a licensee, knowingly 
manages, administers, or controls the games 
with which such bets or wagers are associated; 
(C) on behalf of a licensee, develops, main-
tains, or operates the software or other system 
programs or hardware on which the games or 
the bets or wagers are managed, administered, 
or controlled; 
(D) provides the trademarks, trade names, 
service marks, or similar intellectual property 
under which a licensee identifies its Internet 
poker facility to its customers in the United 
States; 
(E) sells, licenses, or otherwise receives 
compensation for selling or licensing informa-
tion via a database or customer list on individ-
uals in the United States selected in whole or 
in part because they made bets or wagers with 
an Internet gambling facility not licensed either 
pursuant to this title or by a State or federally 
recognized Indian tribe as permitted under this 
title; 
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(F) provides any products, services, or as-
sets to a licensee and is paid a percentage of 
gaming revenue or Internet poker commission 
fees by the licensee (not including fees to finan-
cial institutions and payment providers for fa-
cilitating a deposit by a customer); or 
(G) with respect to an applicant, proposes 
to provide any of the activities, services, or 
items identified in subparagraphs (A) through 
(E). 
(20) STATE.—The term ‘‘State’’ means each of 
the several States of the United States, the District 
of Columbia, and any commonwealth, territory, or 
possession of the United States. 
SEC. 102. PROHIBITION ON UNLICENSED INTERNET POKER. 
(a) PROHIBITION.— 
(1) IN GENERAL.—It shall be unlawful for a 
person to operate an Internet poker facility without 
a license in good standing issued to such person by 
a qualified regulatory authority under this title. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply to the operation of an Internet poker facility 
by a person located outside the United States in 
which bets or wagers are initiated, received, or oth-
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erwise made by individuals located outside the 
United States. 
(b) CRIMINAL PENALTIES.—Any person who violates 
this section shall be fined under title 18, United States 
Code, imprisoned for not more than 5 years, or both. 
SEC. 103. DEPARTMENT OF COMMERCE QUALIFICATION 
AND 
OVERSIGHT 
OF 
QUALIFIED 
REGU-
LATORY AUTHORITIES. 
(a) COMMERCE RESPONSIBILITIES AND POWERS.— 
The Secretary, in the case of a State, and the Commission, 
in the case of a federally recognized Indian tribe, shall 
have responsibility and authority for the following activi-
ties: 
(1) Reviewing and qualifying regulatory au-
thorities to issue licenses under this title. 
(2) Exercising oversight over qualified regu-
latory authorities to ensure that such authorities— 
(A) comply with the requirements of this 
title; and 
(B) carry out their regulatory and enforce-
ment functions under this title with appropriate 
diligence. 
(3) Investigating and taking appropriate reme-
dial action with respect to any qualified regulatory 
authority. 
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(4) Prescribing such regulations as may be nec-
essary to administer and enforce the provisions of 
this title. 
(b) OFFICE OF INTERNET POKER OVERSIGHT.— 
(1) ESTABLISHMENT.—The Secretary shall es-
tablish an office in the Department of Commerce to 
be known as the ‘‘Office of Internet Poker Over-
sight’’ (in this subsection referred to as the ‘‘office’’) 
to exercise the functions of the Secretary set out in 
this title. 
(2) DIRECTOR AND DELEGATION OF AUTHOR-
ITY.—The Secretary shall appoint a Director of the 
office from among individuals who have dem-
onstrated experience and expertise in regulating 
gaming activities and may delegate to the Director 
any authority, duty, or responsibility conferred upon 
the Secretary by this title. 
(c) DESIGNATION OF QUALIFIED REGULATORY AU-
THORITIES.— 
(1) QUALIFICATION OF REGULATORY AUTHORI-
TIES.—The Secretary, in the case of a State, or the 
Commission, in the case of a federally recognized In-
dian tribe, shall qualify any regulatory authority 
that is designated to the Secretary or the Commis-
sion by a State or federally recognized Indian tribe, 
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respectively, that wishes to participate in the licens-
ing program to carry out the licensing and other 
functions under this title if the Secretary, in the 
case of a State, or the Commission, in the case of 
a federally recognized Indian tribe, determines that 
such regulatory authority meets the minimum stand-
ards for qualification prescribed under paragraph 
(2). 
(2) MINIMUM STANDARDS FOR QUALIFIED REG-
ULATORY
AUTHORITIES.—The Secretary, in con-
sultation with the National Indian Gaming Commis-
sion, shall prescribe minimum standards for quali-
fying a qualified regulatory authority under this sub-
section, including minimum standards— 
(A) relating to the size and qualification of 
staff of the regulatory authority to ensure a 
sufficient number of enforcement agents with 
experience in gaming regulatory enforcement 
areas to discharge its intended functions and 
that the applicant have the sophistication and 
resources necessary to evaluate issues unique to 
the Internet environment; 
(B) relating to the length of time the ap-
plicant has regulated other forms of gaming to 
ensure designations of only those applicants 
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that have a history of demonstrated regulatory 
enforcement and oversight commensurate with 
the responsibilities imposed under this title; 
(C) for assessing the applicant’s experience 
and willingness to work with Federal authori-
ties, including the Financial Crimes Enforce-
ment Network; 
(D) prohibiting conflicts of interest to en-
sure that qualified regulatory authorities are 
not controlled, directly or indirectly, by persons 
that have any significant ownership interest in 
entities regulated under this title; 
(E) for the capacity and experience of a 
qualified regulatory authority in conducting rig-
orous suitability reviews; 
(F) for the enforcement and regulatory au-
thorities provided to the applicant under the 
law of the applicable State or federally recog-
nized Indian tribe, including investigative au-
thority, authority to impose requirements on li-
censees, and authority to impose civil or other 
penalties; and 
(G) the Secretary, in consultation with the 
Commission considers relevant to the ability of 
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a regulatory authority to serve as an effective 
qualified regulatory authority. 
(3) WITHDRAWAL OF QUALIFICATION.— 
(A) IN GENERAL.—Beginning on the date 
that is 1 year after the date on which the Sec-
retary prescribes final regulations under this 
title, the Secretary, in the case of a State, or 
the Commission, in the case of a federally rec-
ognized Indian tribe, may, after providing 60 
days notice to a qualified regulatory authority, 
withdraw the qualification of such regulatory 
authority under this section if the Secretary or 
Commission, respectively, determines that the 
regulatory authority is not in compliance with 
the minimum standards established under para-
graph (2) or other requirements of this title. 
(B) OPPORTUNITY TO COMPLY.—The Sec-
retary, in the case of a State, or the Commis-
sion, in the case of a federally recognized In-
dian tribe, may provide a qualified regulatory 
authority who receives notice under subpara-
graph (A) with an opportunity to come into 
compliance for a period of not more than 180 
days. The Secretary, in the case of a State, or 
the Commission, in the case of a federally rec-
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ognized Indian tribe, may extend such period by 
not more than 180 additional days if the quali-
fied regulatory authority has made substantial 
progress toward compliance as of the expiration 
of the first 180-day period. 
(C) EFFECT OF NOTICE.—A qualified reg-
ulatory authority that receives notice under 
subparagraph (A) may not issue any new li-
censes under this title until the Secretary, in 
the case of a State, or the Commission, in the 
case of a federally recognized Indian tribe, de-
termines that the qualified regulatory authority 
is in compliance with the requirements of this 
title and regulations prescribed thereunder. 
(D) RIGHT TO APPEAL.—A qualified regu-
latory authority that has had its qualification 
withdrawn under this paragraph may appeal to 
the United States District Court for the Dis-
trict of Columbia that such withdrawal was an 
abuse of discretion. 
(4) ACTION UPON WITHDRAWAL OF QUALIFICA-
TION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), not later than 30 days after 
the date on which the Secretary, in the case of 
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a State, or the Commission, in the case of a 
federally recognized Indian tribe, withdraws the 
qualification of a qualified regulatory authority 
under paragraph (3), each person with a license 
issued by the qualified regulatory authority 
shall— 
(i)(I) cease offering, accepting, and 
providing services with respect to bets or 
wagers from persons located in the United 
States under such license; and 
(II) return all customer deposits or 
place those sums the return of which to 
United States customers is not feasible due 
to change in customer address, bank de-
tails, or similar difficulty, in escrow in an 
account with a financial institution in the 
United States for safekeeping and orderly 
disposition by the Secretary; or 
(ii) apply for a new license from a dif-
ferent qualified regulatory authority. 
(B) INTERIM OPERATION.—If a person ap-
plies for a new license under clause (ii) of sub-
paragraph (A), the person may continue the ac-
tivities described in clause (i)(I) of such sub-
paragraph until final action is taken on the li-
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cense application by the qualified regulatory au-
thority. 
(C) INTERIM REGULATORY OVERSIGHT.— 
Until final action is taken under subparagraph 
(B) with respect to a person, the Secretary, in 
the case of a State, or the Commission, in the 
case of a federally recognized Indian tribe, shall 
have enforcement and regulatory authority over 
the licensed activities of such person. 
(d) OVERSIGHT OF QUALIFIED REGULATORY AU-
THORITIES.—The Secretary, in the case of a State, or the 
Commission, in the case of a federally recognized Indian 
tribe, may investigate and take such action as the Sec-
retary considers appropriate with respect to any qualified 
regulatory authority that appears, based upon the Sec-
retary’s or Commission’s own inquiry or based upon cred-
ible information provided by other persons, including li-
censees or law enforcement officials, to be deficient or sub-
stantially less rigorous than other qualified regulatory au-
thorities in the discharge of its responsibilities under this 
title. 
(e) CONSULTATION WITH FEDERALLY RECOGNIZED 
INDIAN TRIBES.—In implementing this title, the Sec-
retary and the Commission shall conduct meaningful con-
sultation with federally recognized Indian tribes regarding 
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all aspects of this title which affect federally recognized 
Indian tribes. 
SEC. 104. LICENSING BY QUALIFIED REGULATORY AU-
THORITIES. 
(a) INTERNET POKER FACILITY LICENSING PRO-
GRAM.— 
(1) AUTHORITY TO OPERATE INTERNET POKER 
FACILITY UNDER VALID LICENSE.—Notwithstanding 
any other provision of law and subject to the provi-
sions of this title, a licensee may accept a bet or 
wager with respect to Internet poker from an indi-
vidual located in the United States and may offer re-
lated services so long as the license of the licensee 
issued under this title remains in good standing. 
(2) SIGNIFICANT VENDORS.—If a person seeks 
a certificate of suitability from a qualified regulatory 
authority to provide services to a licensee or appli-
cant as a significant vendor with respect to an Inter-
net poker facility, such person shall not be required 
to obtain a license under this title to provide such 
services with respect to that Internet poker facility. 
(3) PROHIBITIONS
IMPOSED
BY
STATES
OR 
FEDERALLY RECOGNIZED INDIAN TRIBES.— 
(A) ACTION
BY
A
STATE.—No licensee 
may engage, under any license issued under 
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this title, in the operation of an Internet poker 
facility that knowingly accepts bets or wagers 
initiated by persons who reside in any State 
which provides notice that it will prohibit such 
bets or wagers, if the Governor or other chief 
executive officer of such State informs the Sec-
retary of such prohibition in a letter that identi-
fies the nature and extent of such prohibition. 
(B) CHANGES TO STATE PROHIBITIONS.— 
The establishment, repeal, or amendment by a 
State of any prohibition described in subpara-
graph (A) shall apply, for purposes of this title, 
beginning on the day that occurs after the end 
of the 60-day period beginning on the later of— 
(i) the date a notice of such establish-
ment, repeal, or amendment is provided by 
the Governor or other chief executive offi-
cer of such State in writing to the Sec-
retary; or 
(ii) the effective date of such estab-
lishment, repeal, or amendment. 
(C) APPLICATION
OF
STATE
ACTION
TO 
TRIBAL LANDS OF FEDERALLY RECOGNIZED IN-
DIAN TRIBES.—Any State prohibition described 
in subparagraph (A) shall not apply to the ac-
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ceptance by a licensee of bets or wagers from 
persons located within the tribal lands of a fed-
erally recognized Indian tribe that— 
(i) has itself not opted out pursuant 
to subsection (b); or 
(ii) would be entitled pursuant to 
other applicable law to permit such bets or 
wagers to be initiated and received within 
its territory without use of the Internet. 
(D) ACTIONS
BY
A
FEDERALLY
RECOG-
NIZED INDIAN TRIBE.—No Internet poker li-
censee knowingly may accept a bet or wager 
from a person located in the tribal lands of any 
federally recognized Indian tribe which pro-
hibits such gambling activities or other contests 
if the principal chief or other chief executive of-
ficer of such federally recognized Indian tribe 
informs the Secretary of such prohibition in a 
letter that identifies the nature and extent of 
such prohibition. 
(E) CHANGES TO STATE AND FEDERALLY 
RECOGNIZED
INDIAN
TRIBE
PROHIBITIONS.— 
The establishment, repeal, or amendment by 
any federally recognized Indian tribe of any 
prohibition referred to in subparagraph (D) 
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shall apply, for purposes of this title, beginning 
on the day that occurs after the end of the 60- 
day period beginning on the later of— 
(i) the date a notice of such establish-
ment, repeal, or amendment is provided by 
the principal chief or other chief executive 
officer of such federally recognized Indian 
tribe in writing to the Secretary; or 
(ii) the effective date of such estab-
lishment, repeal, or amendment. 
(F) NOTIFICATION AND ENFORCEMENT OF 
STATE AND TRIBE PROHIBITIONS.— 
(i) NOTIFICATION AND MEASURES TO 
ENSURE
COMPLIANCE.—The 
Secretary 
shall notify all licensees and applicants of 
all States and federally recognized Indian 
tribes that have provided notice pursuant 
to subparagraph (A)(ii) or (C)(ii), as the 
case may be, promptly upon receipt of such 
notice and in no event fewer than 30 days 
before the effective date of such notice. 
The Secretary shall take effective measures 
to ensure that any licensee under this sub-
chapter, as a condition of the license, com-
plies with any limitation or prohibition im-
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posed by any State or federally recognized 
Indian tribe to which the licensee is sub-
ject. 
(ii) VIOLATIONS.—A violation of sub-
paragraph (A) or (C) shall be a violation 
of this title enforceable under section 105. 
(b) APPLICATION FOR LICENSE.— 
(1) APPLICATION.—Except as provided in sub-
paragraph (B), a person seeking to operate an Inter-
net poker facility under this title shall submit to the 
qualified regulatory authority of the State or feder-
ally recognized Indian tribe where servers for such 
Internet poker facility are located or will be located 
an application for a license at such time, in such 
form, and in such manner as the qualified regulatory 
authority considers appropriate, including at a min-
imum the following: 
(A) Complete financial information about 
the applicant. 
(B) Documentation showing the organiza-
tion of the applicant and all related businesses 
and affiliates. 
(C) The criminal and financial history of— 
(i) the applicant; 
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(ii) each of the senior executives and 
directors of the applicant; 
(iii) any other person who is in control 
of the applicant; and 
(iv) such other persons as the quali-
fied regulatory authority considers appro-
priate. 
(D) Such other information as may be nec-
essary for the suitability analysis required 
under subsection (c). 
(E) Disclosure of all other applications for 
licenses previously or simultaneously submitted 
under this paragraph to other qualified regu-
latory authorities and whether those applica-
tions are pending, were granted, or were denied. 
(F) A detailed description of the appli-
cant’s plan for complying with all applicable re-
quirements and regulations prescribed pursuant 
to this title. 
(G) A certification by the applicant that 
the applicant agrees to be subject to— 
(i) jurisdiction in Federal courts and 
in the courts of the State or federally rec-
ognized Indian tribe of the qualified regu-
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latory authority to which the applicant has 
applied; and 
(ii) all applicable provisions of Federal 
law. 
(2) NOTICE TO THE SECRETARY.—Each quali-
fied regulatory authority shall report all applicants 
for licensure and the dispositions of their applica-
tions to the Secretary promptly upon disposition of 
each application or in such intervals as the Secretary 
may prescribe. Such report shall include such infor-
mation or documentation as the Secretary may re-
quire. 
(c) STANDARDS
FOR LICENSE ISSUANCE; SUIT-
ABILITY
QUALIFICATIONS
AND
DISQUALIFICATION 
STANDARDS.— 
(1) SUITABILITY
FOR
LICENSING.—No appli-
cant shall be eligible to obtain a license under this 
title unless a qualified regulatory authority, with 
whom the applicant has filed an application for a li-
cense, has determined, upon completion of a back-
ground check and investigation, that the applicant, 
any person deemed to be in control of the applicant, 
all significant vendors of the applicant, and any 
other person determined by the qualified regulatory 
authority as having significant influence on the ap-
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plicant are suitable for licensing or for receiving a 
certificate of suitability as applicable. 
(2) INVESTIGATION.— 
(A) DETERMINATION
OF
SUITABILITY.— 
Prior to issuing a license under this section, a 
qualified regulatory authority shall conduct the 
investigation and analysis described in para-
graph (1) to determine whether the applicant or 
person— 
(i) is a person of good character, hon-
esty, and integrity; 
(ii) is a person whose prior activities, 
criminal record, if any, reputation, habits, 
and associations do not— 
(I) pose a threat to the public in-
terest or to the effective regulation 
and control of Internet poker facili-
ties; or 
(II) create or enhance the dan-
gers of unsuitable, unfair, or illegal 
practices, methods, and activities in 
the conduct of Internet poker facilities 
or the carrying on of the business and 
financial arrangements incidental to 
such facilities; 
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(iii) is capable of and likely to conduct 
the activities for which the applicant is li-
censed or receives a certificate of suit-
ability in accordance with the provisions of 
this title, any regulations prescribed under 
this title, and all other applicable laws; 
(iv) with respect to applicants, has or 
guarantees acquisition of adequate busi-
ness competence and experience in the op-
eration of casino gaming facilities or Inter-
net poker facilities; 
(v) with respect to applicants, has or 
will obtain sufficient financing for the na-
ture of the proposed operation and from a 
source that the qualified regulatory author-
ity has not found unsuitable under the cri-
teria established under subparagraph (B); 
and 
(vi) has disclosed to the qualified reg-
ulatory authority all known affiliations or 
relationships, whether direct or indirect. 
(B) UNSUITABLE.—An applicant or any 
other person may not be determined to be suit-
able under this subsection if the applicant or 
such person— 
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(i) has failed to provide information 
and documentation material to a deter-
mination of suitability for licensing under 
paragraph (1); 
(ii) has supplied information which is 
untrue or misleading as to a material fact 
pertaining to any such determination; 
(iii) has been convicted of an offense 
that is punishable by imprisonment of 
more than 1 year; 
(iv) is delinquent in the payment of 
any applicable Federal or State tax, tax 
penalty, addition to tax, or interest owed 
to a jurisdiction in which the applicant or 
person operates or does business, unless 
such payment has been extended or is the 
subject of a pending judicial or administra-
tive dispute; 
(v) has not certified in writing that 
the person submits to personal jurisdiction 
in the United States; or 
(vi) fails to comply with such other 
standard as the applicable qualified regu-
latory authority considers appropriate. 
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(C) INELIGIBILITY DUE TO PRIOR ENGAGE-
MENT IN UNLAWFUL INTERNET POKER.— 
(i) No applicant nor any other person 
may be eligible for a license or certificate 
of suitability under this section if such ap-
plicant or person has been convicted of ac-
cepting bets or wagers from any other per-
son through an Internet poker facility in 
felony violation of Federal or State law. 
The ineligibility of an applicant or other 
person under this subparagraph shall ter-
minate on the date that is 5 years after 
the date on which the first license is issued 
under this section. 
(ii) No applicant or person who has 
purchased the assets of a person described 
in clause (i) subsequent to the enactment 
of this Act shall be eligible for a license or 
certificate of suitability under this section 
until the date that is 5 years after the date 
on which the first license is issued. 
(3) ONGOING REQUIREMENT.—A licensee (and 
any other person who is required to be determined 
to be suitable for licensing in connection with such 
licensee) shall meet the standards necessary to be 
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suitable for licensing or to receive a certificate of 
suitability, as the case may be, throughout the term 
of the license. 
(4) CERTIFICATE OF SUITABILITY FOR SIGNIFI-
CANT VENDORS.— 
(A) IN GENERAL.—If a qualifying body de-
termines under paragraph (1) that a significant 
vendor of an applicant is suitable under such 
paragraph, the qualifying body shall issue a cer-
tificate to such vendor that certifies the suit-
ability of such vendor. 
(B) REVOCATION
OF
CERTIFICATE.—A 
qualified regulatory authority that issues a cer-
tificate to a significant vendor under subpara-
graph (A) shall revoke the certificate if at any 
time the significant vendor no longer meets the 
standards necessary for a determination of suit-
ability. 
(C) CERTIFICATES
ISSUED
BY
OTHER 
QUALIFIED REGULATORY AUTHORITY.—A quali-
fied regulatory authority may, but need not, ac-
cept a certificate issued to a significant vendor 
by another qualified regulatory authority as evi-
dence of the suitability of the significant ven-
dor. 
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(5) OTHER VENDORS.— 
(A) NOTICE.—A licensee shall promptly 
notify the qualified regulatory authority that 
issued the license to the licensee of all persons 
that are not significant vendors that— 
(i) direct, provide, or solicit customers 
to or for the licensee’s Internet poker facil-
ity, or materially assist in any of those 
tasks, in return for a commission or other 
fee; 
(ii) hold themselves out to the public 
as offering bets or wagers on licensee’s be-
half; 
(iii) offer bets or wagers under their 
own names or brands but using and rely-
ing on licensee’s Internet poker facilities; 
(iv) license trademarks, trade names, 
service marks, or other similar intellectual 
property to the licensee; or 
(v) own a substantial interest in or 
control a person described in clause (i), 
(ii), (iii), or (iv). 
(B) SUITABILITY OF OTHER VENDORS AND 
PERSONS.—A qualified regulatory authority 
that reviews an application of an applicant for 
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a license or issues a license to a licensee may, 
at the sole discretion of the qualified regulatory 
authority and on a case-by-case basis, require 
as a condition of such license that a person 
meet suitability requirements under paragraph 
(1) if the person— 
(i) is described in subparagraph (A) 
with respect to the applicant or licensee; 
(ii) provides services to an applicant 
or licensee and the qualified regulatory au-
thority determines that with respect to 
such services, there is a substantial risk of 
circumvention of the suitability require-
ments applicable to significant vendors; or 
(iii) is associated with the applicant or 
licensee or one of the significant vendors of 
the applicant or licensee and the qualified 
regulatory authority determines such per-
son may pose a threat to the integrity of 
Internet poker facilities operated by the 
applicant or licensee. 
(C) INFORMATION.—A qualified regulatory 
authority may require such information from an 
applicant, licensee, significant vendor or other 
person identified in this paragraph as the quali-
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fied regulatory authority considers necessary to 
carry out this paragraph. 
(6) ENFORCEMENT ACTIONS.— 
(A) IN GENERAL.—If the Secretary or the 
qualified regulatory authority that issued a li-
cense to a licensee finds that the licensee, or 
any other person that is subject to a required 
determination of suitability in connection with 
such licensee, fails to meet the suitability re-
quirements of this subsection at any time dur-
ing the tenure of the license, the Secretary or 
the qualified regulatory authority may take ac-
tion to protect the public interest, including, if 
the Secretary or qualified regulatory authority 
considers necessary, the suspension or termi-
nation of the license. 
(B) IMPOSITION OF CONDITIONS INCLUD-
ING REMOVAL OF PARTIES.—Notwithstanding a 
determination under subparagraph (A), the 
Secretary or the qualified regulatory authority 
that issued a license to a licensee may allow the 
licensee to continue engaging in licensed activi-
ties by imposing conditions on the person to 
which subparagraph (A) is applicable under 
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penalty of revocation or suspension of a license 
or certificate of suitability, including— 
(i) the identification of any person de-
termined to be unsuitable; and 
(ii) the establishment of appropriate 
safeguards to ensure such person is ex-
cluded from any management or involve-
ment in operation of the licensed activities. 
(7) ADMINISTRATIVE PROVISIONS.— 
(A) BACKGROUND CHECK AND INVESTIGA-
TION.—Each qualified regulatory authority 
shall establish standards and procedures for 
conducting background checks and investiga-
tions for purposes of this subsection. 
(B) PRIVILEGE.—Any written or oral 
statement made in the course of an official pro-
ceeding of the Secretary or a qualified regu-
latory authority, by any member thereof, or any 
witness testifying under oath which is relevant 
to the purpose of the proceeding and relates to 
the review of an application for a license under 
this title, is privileged and shall not give rise to 
liability for defamation or relief in any civil ac-
tion. 
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(C) 
ADDITIONAL
PRIVILEGE.—Notwith-
standing section 552 of title 5, United States 
Code, or any other Federal, State, or tribal law 
to the contrary, any communication or docu-
ment of an applicant, licensee, significant ven-
dor, or affiliate thereof, which is made or trans-
mitted pursuant to this title to the Secretary or 
a qualified regulatory authority or any of their 
agents or employees, except information that is 
already public, shall be privileged and shall not 
be disclosed by the Secretary or the qualified 
regulatory authority without the prior written 
consent of the applicant, licensee, significant 
vendor, or affiliate thereof (as applicable), or 
pursuant to a lawful court order, grand jury 
subpoena, or similar procedure. To the extent 
practicable, the Secretary or qualified regu-
latory authority shall provide timely notice of 
the proceedings to the applicant, licensee, sig-
nificant vendor, or affiliate thereof (as applica-
ble). 
(D) PRESERVATION OF PRIVILEGE RECOG-
NIZED UNDER OTHER PROVISIONS OF LAW.— 
Any privilege recognized under any other appli-
cable provision of Federal, State, or tribal law, 
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including attorney-client, physician-patient, and 
accountant-client privileges, shall not be waived 
or lost because a document or communication 
otherwise protected by the privilege is disclosed 
to the Secretary or a qualified regulatory au-
thority. 
(E) CONFIDENTIALITY.—Any communica-
tion or document, except information that is al-
ready public, shall be treated as confidential 
and may not be disclosed, in whole or part, by 
the Secretary or a qualified regulatory authority 
without a lawful court order or as otherwise ex-
pressly required by law, if the communication 
or document is— 
(i) required by the Secretary or quali-
fied regulatory authority to be disclosed by 
the applicant, licensee, or significant ven-
dor, including applications, financial or 
earnings information, and criminal records, 
whether of the applicant or licensee or of 
any affiliate, employee, officer, director, or 
significant vendor thereof, or of any other 
third party; or 
(ii) prepared or obtained by an agent 
or employee of the Secretary or qualified 
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regulatory authority that contains informa-
tion described in clause (i). 
(d) ADDITIONAL REQUIREMENTS FOR A LICENSE.— 
In order to obtain a license under this section, an Internet 
poker facility shall demonstrate to the qualified regulatory 
authority that such facility maintains appropriate safe-
guards and mechanisms, in accordance with standards es-
tablished by the qualified regulatory authority, including 
appropriate safeguards and mechanism to— 
(1) ensure, to a reasonable degree of certainty, 
that the individual placing a bet or wager is not less 
than 21 years of age; 
(2) ensure, to a reasonable degree of certainty, 
that the individual placing a bet or wager is phys-
ically located in a jurisdiction that has not prohib-
ited such bets or wagers at the time the bet or 
wager is placed; 
(3) ensure, to a reasonable degree of certainty, 
that all taxes relating to Internet poker from per-
sons engaged in bets or wagers relating to such 
Internet poker are collected or reported, as required 
by law, at the time of any payment of proceeds of 
such bets or wagers; 
(4) ensure that all taxes relating to the oper-
ation of an Internet poker facility from any licensee 
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are collected and disbursed as required by law and 
that adequate records to enable later audit or 
verification are maintained; 
(5) prevent, to a reasonable degree of certainty, 
fraud, money laundering, and terrorist financing; 
(6) ensure, to a reasonable degree of certainty, 
compliance with the requirements of section 106; 
(7) protect, to a reasonable degree of certainty, 
the privacy and online security of any person en-
gaged in bets or wagers with the licensee’s Internet 
poker facility; 
(8) ensure that any user fee required under 
subsection (e) is paid to the qualified regulatory au-
thority; 
(9) ensure, to a reasonable degree of certainty, 
that Internet poker games are fair and honest, and 
to prevent, to a reasonable degree of certainty, 
cheating, including collusion, and use of cheating de-
vices, including use of software programs (sometimes 
referred to as ‘‘bots’’) that make bets or wagers ac-
cording to algorithms; and 
(10) such other mechanisms and safeguards as 
the qualified regulatory authority shall require, in-
cluding independent testing of hardware, software, 
communication equipment, and other necessary de-
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vices to ensure the integrity, accountability, random-
ness of play and security of the network. 
(e) FEES FOR ADMINISTRATIVE EXPENSES.— 
(1) USER FEES.— 
(A) IN
GENERAL.—The cost of admin-
istering this title with respect to each applicant, 
licensee, and significant vendor, including the 
cost of any review or examination of a licensee 
or its significant vendors to ensure compliance 
with the terms of the license and this title, shall 
be assessed by the qualified regulatory author-
ity receiving an application or issuing a license 
against the applicant, licensee, or significant 
vendor, as the case may be, by written notice in 
an amount that the qualified regulatory author-
ity determines is necessary to— 
(i) meet the qualified regulatory 
authority’s expenses in carrying out such 
administration, review, or examination; 
and 
(ii) to cover the qualified regulatory 
authority’s share of the amount deter-
mined by the Secretary under paragraph 
(3) to cover the expenses incurred by the 
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Secretary in carrying out the provisions of 
this title. 
(B) EXPENSES FOR REVIEW OR EXAMINA-
TION.—Expenses that are attributable to review 
or examination of a particular applicant, li-
censee, or significant vendor shall be assessed 
under subparagraph (A) against that applicant, 
licensee, or significant vendor. 
(C) EXPENSES FOR GENERAL ADMINISTRA-
TION.—Expenses for general administration 
shall be assessed against all licensees equally. 
(D) 
DISPOSITION
OF
USER
FEES.— 
Amounts assessed by a qualified regulatory au-
thority as user fees under this paragraph 
shall— 
(i) be remitted to the Secretary, in the 
amount of that State’s or federally recog-
nized Indian tribe’s share as determined 
under paragraph (3) for deposit in the 
Treasury in accordance with subparagraph 
(B) of such paragraph; and 
(ii)(I) be available to the qualified reg-
ulatory authority to cover expenses in-
curred by the qualified regulatory author-
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ity in carrying out the provisions of this 
title; and 
(II) not be construed to be Govern-
ment funds or appropriated monies, or 
subject to apportionment for the purposes 
of any other provision of law. 
(E) COLLECTION.— 
(i) REFERRAL.—If a licensee or sig-
nificant vendor fails to pay a user fee to a 
qualified regulatory authority under this 
paragraph after the assessment of the fee 
has become final— 
(I) the qualified regulatory au-
thority may recover the amount as-
sessed by action in any State or tribal 
court in the jurisdiction of the quali-
fied regulatory authority, or in any 
appropriate United States district 
court, along with any costs of collec-
tion and attorney fees; and 
(II) such failure may be grounds 
for denial of an application for a li-
cense under this title or revocation of 
a license or certificate of suitability 
under this title. 
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(ii) ASSESSMENT
REVIEWABLE.—In 
any civil action under clause (i), a court 
may review the validity and adjust the 
amount of the user fees. 
(F) USER FEES OF SIGNIFICANT VENDORS 
MAY
BE
PAID
BY
APPLICANTS
AND
LICENS-
EES.—A user fee assessed against a significant 
vendor may be paid by an applicant or licensee 
on behalf of the significant vendor. 
(2) DIRECT
AND
EXCLUSIVE
OBLIGATION
OF 
LICENSEE.—With respect to a licensee, a user fee 
shall be the direct and exclusive obligation of the li-
censee and may not be deducted from amounts avail-
able as deposits to any person placing a bet or wager 
with the licensee. 
(3) 
USER
FEES
ESTABLISHED
BY
SEC-
RETARY.— 
(A) IN GENERAL.—The Secretary shall de-
termine the funding requirements necessary to 
meet the Secretary’s cost of administering this 
title and notify each qualified regulatory au-
thority of its proportional share to be collected 
by such regulatory authority under paragraph 
(1)(A). 
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(B) 
DISPOSITION
OF
USER
FEES.— 
Amounts remitted to the Secretary under para-
graph (1)(D)(i) shall— 
(i) be deposited into a separate ac-
count in the Treasury to be known as the 
‘‘Internet Poker Oversight Fund’’; and 
(ii) be available to the Secretary in 
such amounts, subject to appropriations, to 
cover expenses incurred by the Secretary in 
carrying out the provisions of this title. 
(f) APPROVAL OF LICENSE.— 
(1) IN GENERAL.—A qualified regulatory au-
thority may issue licenses under this title for the op-
eration of an Internet poker facility to any applicant 
that— 
(A) owns or controls a company that oper-
ates a casino gaming facility or qualified card 
room and owned or controlled such facility or 
card room on the date that is 10 days before 
the date of enactment of this Act; 
(B) for the duration of the 5-year period 
ending on the date on which the applicant sub-
mits an application under subsection (b)(1), 
owned or controlled a casino gaming facility or 
qualified card room; 
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(C) is owned or controlled by a person 
who— 
(i) owns or controls a company that 
operates a casino gaming facility or quali-
fied card room and owned or controlled 
such facility or card room on the date that 
is 10 days before the date of enactment of 
this Act; or 
(ii) for the duration of the 5-year pe-
riod ending on the date on which the appli-
cant submits an application under sub-
section (b)(1), owned or controlled a casino 
gaming facility or qualified card room; 
(D) for the duration of the 5-year period 
ending on the date on which the applicant sub-
mits an application under subsection (b)(1), 
under license issued by a State or federally rec-
ognized Indian tribe manufactured and supplied 
to casino gaming facilities with not fewer than 
500 slot machines; and 
(E) meets other criteria established by the 
Secretary or by the qualified regulatory author-
ity under this title. 
(2) EXPANSION
OF
LICENSEES
ONLY
IF
NO 
RISK TO PUBLIC.—Beginning on the date that is 2 
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years after the date of first issuance specified in sec-
tion 115(b), the Secretary may, by rule, authorize 
the issuance of licenses to applicants other than 
those described in paragraph (1) if the Secretary de-
termines, after providing the public with notice and 
an opportunity to comment, that such authorization 
will not significantly increase the risk that the 
standards described in subsection (d) will not be sat-
isfied by licensees. 
(3) AUTHORITY OF SECRETARY TO REVOKE LI-
CENSES.—Notwithstanding any certificate of suit-
ability or license issued by a qualified regulatory au-
thority, the Secretary may suspend or revoke such 
certificate or license if the Secretary has reason to 
believe that the recipient does not meet the suit-
ability requirements established under subsection (c) 
or, as applicable, any other requirement imposed on 
a licensee under this title. The Secretary may not 
overturn a decision by a qualified regulatory author-
ity to deny or to terminate a license or to deny or 
revoke a certificate of suitability. 
(4) CONFLICTS
BETWEEN
QUALIFIED
REGU-
LATORY AUTHORITIES.—If a qualified regulatory au-
thority denies a license, terminates a license, denies 
a certificate of suitability, or revokes a certificate of 
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suitability to a person and within 12 months of such 
denial, termination, or revocation another qualified 
regulatory authority grants such person a license or 
certificate of suitability, the Secretary shall— 
(A) commence a review of such license or 
certificate of suitability; and 
(B) not later than 90 days after such com-
mencement, determine whether to act under 
paragraph (3). 
(5) CONTROL
DEFINED.—In this subsection, 
the term ‘‘control’’ means, with respect to a person, 
the possession, directly or indirectly, of the power to 
direct or influence the direction of the management 
or policies of the person, whether through the owner-
ship of voting securities, through a management, ex-
ecutive officer, or board position, by shareholders or 
similar agreement, or otherwise. 
(g) LOCATION OF REMOTE GAMING EQUIPMENT.— 
A licensee shall maintain its remote gaming equipment 
within the territory of the United States throughout the 
term of its license. A qualified regulatory authority shall 
require applicants that seek a license from such qualified 
regulatory authority to locate that equipment within the 
territory of the State or on the Indian land of the tribe 
of the qualified regulatory authority. 
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(h) LICENSE IS A PRIVILEGE NOT A RIGHT.—A deci-
sion by a qualified regulatory authority not to grant a per-
son a license or certificate of suitability, or to terminate 
a license, or revoke a certificate of suitability, is not re-
viewable under Federal law or the law of any jurisdiction 
other than the jurisdiction of the qualified regulatory au-
thority. The State or federally recognized Indian tribe of 
the jurisdiction of the qualified regulatory authority may, 
but need not, provide an opportunity to appeal. 
(i) TERM, RENEWAL, AND TRANSFER OF LICENSE.— 
(1) TERM.—Any license issued under this title 
shall be issued for a 5-year term beginning on the 
date of issuance. A license may be renewed in ac-
cordance with requirements prescribed by the quali-
fied regulatory authority that issued the license 
under this title. 
(2) TRANSFER.—A transfer of a license, change 
of control of a licensee, or change in significant ven-
dor shall require prior approval by the qualified reg-
ulatory authority that issued the license. The quali-
fied regulatory authority shall at a minimum ensure 
the suitability requirements of subsection (c) con-
tinue to be satisfied before approving any such 
transfer or change. 
(j) ADMINISTRATIVE PROVISIONS.— 
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(1) DETERMINATION OF INTERNET POKER.— 
(A) INITIAL
DETERMINATION
BY
QUALI-
FIED REGULATORY AUTHORITY.—A determina-
tion of whether a game, hand, tournament, or 
other contest of a licensee is Internet poker 
shall be made in the first instance by the quali-
fied regulatory authority that issued the license 
to such licensee under this title. 
(B) CHALLENGES.— 
(i) CHALLENGE
MADE
WITH
SEC-
RETARY.—A licensee or qualified regu-
latory authority may file a challenge with 
the Secretary regarding any determination 
of the qualified regulatory authority under 
subparagraph (A) that a game, hand, tour-
nament, or other contest of another li-
censee is Internet poker. 
(ii) DETERMINATION MADE BY SEC-
RETARY WITHIN 30 DAYS.—If a challenge 
is made under clause (i), the Secretary 
shall make a determination of whether the 
game, hand, tournament, or other contest 
is Internet poker not later than 30 days 
after the date on which the challenge is 
made. 
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(iii) OPERATION
UNTIL
DETERMINA-
TION.—A licensee that offers a game, 
hand, tournament, or other contest that is 
challenged under clause (i) may continue 
to offer such game, hand, tournament, or 
other contest until the Secretary makes a 
determination under clause (ii). 
(C) APPEALS.—Not later than 30 days 
after the date on which the Secretary makes a 
determination under subparagraph (B)(iii), a li-
censee or a qualified regulatory authority may 
appeal such determination to the United States 
District Court for the District of Columbia. 
Such court shall set aside the Secretary’s deter-
mination if the court determines that the Sec-
retary’s determination was— 
(i) arbitrary, capricious, an abuse of 
discretion, or otherwise not consistent with 
law; or 
(ii) without observance of procedure 
required by law. 
(2) CHALLENGES UNDER STATE OR FEDERALLY 
RECOGNIZED INDIAN TRIBAL LAW.—Except as pro-
vided in paragraph (1) and unless otherwise specifi-
cally provided in this title, actions taken by a quali-
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fied regulatory authority may be challenged by appli-
cants and licensees only as permitted under the law 
of the State or federally recognized Indian tribe in 
which the qualified regulatory authority is located. 
(3) SUMMONS.— 
(A) IN
GENERAL.—The Secretary may 
issue a summons with respect to an applicant 
or licensee necessary to carry out the provisions 
of this title. 
(B) PRODUCTION AT DESIGNATED SITE.— 
A summons issued by the Secretary pursuant to 
this paragraph may require that books, papers, 
records, or other data stored or maintained at 
any place be produced at any— 
(i) business location of a licensee or 
applicant for a license; 
(ii) designated location in the State or 
Indian lands of the applicable qualified 
regulatory authority; or 
(iii) designated location in the District 
of Columbia. 
(C) NO LIABILITY FOR EXPENSES.—The 
Secretary shall not be liable for any expense in-
curred in connection with the production of 
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books, papers, records, or other data under this 
paragraph. 
(D) SERVICE OF SUMMONS.—Service of a 
summons issued under this subsection may be 
by registered mail or in such other manner cal-
culated to give actual notice as determined by 
the Secretary. 
(E) AUTHORIZATION TO INVOKE AID OF 
COURTS.—The Secretary may invoke the aid of 
any court of the United States to compel com-
pliance with the summons within the jurisdic-
tion of which— 
(i) the investigation which gave rise to 
the summons or the examination is being 
or has been carried on; 
(ii) the person summoned is an inhab-
itant; or 
(iii) the person summoned carries on 
business or may be found. 
(F) POWER OF COURTS TO COMPEL AP-
PEARANCE.—The court may issue an order re-
quiring the person summoned to appear before 
the Secretary— 
(i) to produce books, papers, records, 
and other data; 
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(ii) to give testimony as may be nec-
essary to explain how such material was 
compiled and maintained; 
(iii) to allow the Secretary to examine 
the business of a licensee; and 
(iv) to pay the costs of the proceeding. 
(G) CONTUMACY OR REFUSAL.—Any fail-
ure to obey the order of the court under this 
paragraph may be punished by the court as a 
contempt thereof. All process in any case under 
this subsection may be served in any judicial 
district in which such person may be found. 
SEC. 105. ENFORCEMENT. 
(a) DISCIPLINARY ACTION.— 
(1) IN GENERAL.—A licensee may be subject to 
disciplinary action, including suspension or revoca-
tion of its license, by a qualified regulatory authority 
that issued a license to the licensee or by the Sec-
retary if the licensee fails to comply with any provi-
sion of this title, any regulation prescribed there-
under, or any other applicable provision of State or 
tribal law. 
(2) INITIATING ENFORCEMENT.—Only the Sec-
retary or the qualified regulatory authority which 
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granted the license may initiate disciplinary action 
under this title. 
(3) SAVINGS PROVISION.—Nothing in this sub-
section shall be construed to prohibit a law enforce-
ment authority or regulatory body that has authority 
over a licensee or an affiliated person, independent 
from this title, from taking action under the law of 
that law enforcement authority or regulatory body. 
(4) DISCIPLINARY PROCEDURES.— 
(A) IN GENERAL.—A qualified regulatory 
authority shall commence disciplinary action 
under this subsection against a licensee upon 
service of a formal written complaint upon the 
licensee, with a copy forwarded to the Sec-
retary, that sets forth the grounds for the dis-
ciplinary action and the proposed penalty that 
is being sought, which may include any or all 
of the imposition of a fine as provided pursuant 
to subsection (m)(1) or limitation, condition, 
suspension, or revocation of the license. 
(B) IN ACCORDANCE WITH LAW OF JURIS-
DICTION OF QUALIFIED REGULATORY AUTHOR-
ITY.—The disciplinary process shall proceed ac-
cording to the law of the jurisdiction of the ap-
plicable qualified regulatory authority. 
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(5) FINALITY OF ACTION AND APPEALS.— 
(A) FINALITY.—Any disciplinary action 
shall be treated as a final action. 
(B) ACTION BY QUALIFIED REGULATORY 
AUTHORITIES.—A licensee aggrieved by discipli-
nary action by a qualified regulatory authority 
may file an appeal in the jurisdiction where the 
qualified regulatory authority taking such ac-
tion is located only to the extent permitted by 
the law of such jurisdiction. 
(C) ACTION
BY
SECRETARY.—A licensee 
aggrieved by disciplinary action by the Sec-
retary may file an appeal in the United States 
District Court for the District of Columbia. 
Such court shall set aside the action if it deter-
mines that the action was— 
(i) arbitrary, capricious, an abuse of 
discretion, or otherwise not consistent with 
law; or 
(ii) without observance of procedure 
required by law. 
(6) PENDING APPEAL.—During the period in 
which a suspension or revocation of an existing li-
cense is being challenged through a pending judicial 
proceeding, the court handling the challenge may 
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allow the licensee to continue offering bets and wa-
gers in full compliance with the terms of its existing 
license and any other conditions the court considers 
necessary, if the court determines that— 
(A) the appellant has a reasonable likeli-
hood of success on the merits; and 
(B) allowing the appellant to continue of-
fering bets and wagers while the appeal is pend-
ing will not threaten the public interest. 
(7) RETURN OF CUSTOMER FUNDS.—If a li-
censee’s license is revoked and no appeal pursuant 
to paragraph (5) is pending, the licensee shall— 
(A) return all customer funds in an orderly 
manner not later than 30 days after the date 
of the revocation of the license; or 
(B) place in escrow those sums return of 
which to United States customers is not feasible 
due to change in customer address, bank de-
tails, or similar difficulty, in an account with a 
financial institution in the United States for 
safekeeping and orderly disposition by the Sec-
retary. 
(8) REFERRAL TO ATTORNEY GENERAL.—If, in 
the course of carrying out the provisions of this title, 
the Secretary or a qualified regulatory authority 
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finds a substantial basis to believe that a person has 
violated section 103, the Secretary or qualified regu-
latory authority shall refer such matter to the Attor-
ney General. 
(b) CIVIL MONEY PENALTIES.— 
(1) IN GENERAL.— 
(A) PENALTIES ASSESSED BY QUALIFIED 
REGULATORY AUTHORITIES.—A qualified regu-
latory authority may assess upon any licensee 
or other person subject to the requirements of 
this title for each violation of this title or any 
regulation prescribed or order issued under this 
title, a civil penalty of not more than the great-
er of— 
(i) the amount involved in the viola-
tion, if any; 
(ii) $250,000 for an individual and 
$750,000 for a corporation; or 
(iii) such other amount as provided 
under the applicable State or tribal law of 
the qualified regulatory authority. 
(B) 
PENALTIES
ASSESSED
BY
SEC-
RETARY.—The Secretary may assess upon any 
licensee or other person subject to the require-
ments of this title for each violation of this title 
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or any regulation prescribed or order issued 
under this title, a civil penalty of not more than 
the greater of— 
(i) the amount involved in the viola-
tion, if any; or 
(ii) $250,000 for an individual and 
$750,000 for a corporation. 
(C) NOT CUMULATIVE.— 
(i) IN GENERAL.—The penalties au-
thorized under subparagraphs (A) and (B) 
shall not be cumulative and only one such 
penalty may be assessed per violation. 
(ii) CONSTRUCTION.—Clause (i) shall 
not be construed to limit the authority of 
a qualifying body or the Secretary, as the 
case may be, to pursue a civil penalty for 
each violation of a related series of viola-
tions. 
(D) FAILURE
TO
OBTAIN
A
LICENSE.— 
Notwithstanding any other provision of law, the 
Secretary may assess upon a person that is re-
quired to obtain a license under this title, but 
fails to obtain a license under this title, a civil 
penalty of not more than the greater of— 
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(i) the amount of bets or wagers 
taken by the person from players in the 
United States during the period that a li-
cense was needed but not held by the per-
son; or 
(ii) $1,000,000 per day that the per-
son accepts bets or wagers from players in 
the United States during the period that a 
license was needed but not held by the per-
son. 
(E) 
CONSTRUCTION.—Nothing 
in 
this 
paragraph shall be construed to affect the abil-
ity of a law enforcement official to seek crimi-
nal penalties against a person. 
(2) ASSESSMENT.— 
(A) ENFORCEMENT BY QUALIFIED REGU-
LATORY
AUTHORITIES.—Qualified regulatory 
authorities and such other entities as are au-
thorized by applicable State and tribal law shall 
enforce the provisions of this title under the law 
of the applicable State or federally recognized 
Indian tribe, and penalties shall be determined, 
reviewable, collectable, and disposed of as pro-
vided under such law. 
(B) ENFORCEMENT BY SECRETARY.— 
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(i) WRITTEN
NOTICE.—Any penalty 
imposed under paragraph (1)(B) shall be 
assessed and collected by the Secretary by 
written notice. 
(ii) FINALITY
OF
ASSESSMENT.—If, 
with respect to any assessment under para-
graph (1)(B), a hearing is not requested 
pursuant to clause (v) within the period of 
time allowed under such clause, the assess-
ment shall constitute a final agency order. 
(iii) 
AUTHORITY
TO
MODIFY
OR 
REMIT
PENALTY.—The Secretary may 
compromise, modify, or remit any penalty 
which the Secretary may assess or has al-
ready assessed under paragraph (1)(B). 
(iv) MITIGATING FACTORS.—In deter-
mining the amount of any penalty imposed 
under paragraph (1)(B), the Secretary 
shall take into account the appropriateness 
of the penalty with respect to the fol-
lowing: 
(I) The size of the financial re-
sources and the good faith of the per-
son against whom the penalty is as-
sessed. 
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(II) The gravity of the violation. 
(III) The history of previous vio-
lations. 
(IV) Such other matters as jus-
tice may require. 
(v) HEARING.—The person against 
whom any penalty is assessed under para-
graph (1)(B) shall be afforded an agency 
hearing if such person submits a request 
for such hearing not later than 20 days 
after the date of the issuance of the notice 
of assessment. 
(vi) COLLECTION.— 
(I) REFERRAL.—If any person 
fails to pay an assessment after any 
penalty assessed under this subpara-
graph has become final, the Secretary 
shall recover the amount assessed by 
action in the appropriate United 
States district court. 
(II) SCOPE OF REVIEW.—In any 
civil action under subclause (I), the 
validity and appropriateness of the 
penalty shall be subject to review for 
abuse of agency discretion. 
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(vii) DISBURSEMENT.—All penalties 
collected under authority of paragraph 
(1)(B) shall be deposited into the Treasury 
of the United States. 
(3) CONDITION FOR LICENSURE.—Payment by 
a licensee of any civil penalty assessed under this 
subsection that has become final shall be a require-
ment for the retention of its license. 
SEC. 106. COMPULSIVE GAMING, RESPONSIBLE GAMING, 
AND SELF-EXCLUSION PROGRAM REQUIRE-
MENTS. 
(a) REGULATIONS REQUIRED.—Each qualified regu-
latory authority shall, before issuing any licenses under 
this title, establish requirements for the development of 
a gambling addiction, responsible gaming, and self exclu-
sion program that each licensee of that qualified regu-
latory authority shall implement as a condition of licen-
sure. Such requirements shall also provide for the estab-
lishment of a program to alert the public to the existence, 
consequences, and availability of the self-exclusion list es-
tablished under subsection (c). 
(b) MINIMUM REQUIREMENTS.—At a minimum, each 
qualified regulatory authority shall require that licens-
ees— 
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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 
their deposit, time and bet amounts, as well as self- 
limit their access to the issuance of credit, check 
cashing, or direct mail marketing by the licensee, in 
each case as and to the extent that the qualified reg-
ulatory authority 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; 
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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 poker facility of the licensee 
are offered; and 
(6) ensure that the qualified regulatory author-
ity adopt any practices that the Secretary rec-
ommends to protect consumers, taking into account 
the National Council on Problem Gambling Internet 
Responsible Gambling Standards. 
(c) LIST OF PERSONS SELF-EXCLUDED.— 
(1) ESTABLISHMENT.— 
(A) LISTS
MAINTAINED
BY
QUALIFIED 
REGULATORY
AUTHORITIES.—Each qualified 
regulatory authority shall establish and main-
tain a list of persons self-excluded from playing 
Internet poker through Internet poker facilities 
licensed by the qualified regulatory authority. 
Each week, each qualified regulatory authority 
shall submit to the Secretary a current copy of 
the list. 
(B) MASTER
LIST
MAINTAINED
BY
SEC-
RETARY.—The Secretary shall establish and 
maintain a master list of all persons self-ex-
cluded from playing Internet poker through 
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Internet poker facilities licensed under this title. 
Such list shall consist of all persons submitted 
under subparagraph (A). The Secretary shall 
make the master list available to all qualified 
regulatory authorities and licensees. 
(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 regulatory au-
thority with respect 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 
collect any winnings or recover any losses 
resulting from any gaming activity at any 
Internet poker 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 regulatory authority, the 
State, or federally recognized Indian tribe in 
which that qualified regulatory authority is lo-
cated, an enforcement agent, licensee, or any 
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employee or agent thereof, shall not be liable to 
any self-excluded person or to any other party 
in any judicial or administrative proceeding for 
any harm, monetary or otherwise, which may 
arise as a result 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 of information about 
individuals placed on the list of self-ex-
cluded persons. 
(B) LICENSEES.—A licensee or employee 
or agent thereof may be liable to a self-excluded 
person in a judicial or administrative pro-
ceeding for a harm described in subparagraph 
(A) to the extent provided under the law of the 
State or federally recognized Indian tribe of the 
qualified regulatory authority that issued the li-
cense. 
(C) RULE OF CONSTRUCTION.—Nothing in 
this paragraph shall be construed to prevent the 
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Secretary or a qualified regulatory authority 
from assessing a regulatory sanction against a 
licensee or person for failing to comply with a 
provision of this section or a regulation pre-
scribed thereunder or for misuse of any list of 
self-excluded persons for purposes not author-
ized 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 
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-
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hibited from gaming with a licensee by law, or by 
order of the Secretary, a qualified regulatory author-
ity, 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 re-
sult of any prohibited gaming activity. 
(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 after the applica-
ble prohibition has become effective shall be subject 
to forfeiture by order of the Secretary or a qualified 
regulatory authority, following notice to the prohib-
ited person and opportunity to be heard. 
(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 regulatory 
authority, as provided by the applicable State or 
tribal law. 
(e) REQUIREMENTS WITH RESPECT TO CHILD SUP-
PORT DELINQUENTS.— 
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(1) IN GENERAL.—When it is made known to 
the Secretary or a qualified regulatory authority by 
a Federal or State court or a competent qualified 
regulatory authority involved with the administration 
or enforcement of a court-ordered child support pay-
ment that a particular individual is delinquent with 
respect to court-ordered child support payments, the 
Secretary shall include that individual on the list es-
tablished under subsection (c). 
(2) REMOVAL FROM LIST.—Individuals placed 
on the list pursuant to paragraph (1) shall be re-
moved from such list if the court or agency that 
made such individual’s delinquency known to the 
Secretary notifies the Secretary that such individual 
is no longer delinquent. 
(f) AUTHORITY TO ADDRESS GAMBLING ADDICTION 
IN SAMHSA AUTHORITIES.—Section 501(d) of the Pub-
lic Health Service Act (42 U.S.C. 290aa(d)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(17); 
(2) by striking the period at the end of para-
graph (18) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
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‘‘(19) establish and implement programs for the 
identification, prevention, and treatment of patholog-
ical and other problem gambling.’’. 
(g) COMPILATION OF DATASETS ON PLAYER BEHAV-
IOR.—The Secretary shall compile and make available to 
the public, on the Web site of the Secretary, datasets on 
player behavior from customer tracking data collected or 
generated by loyalty programs, player tracking software, 
online gambling transactions, or any other information 
system. The Secretary shall ensure that personally identi-
fying information, including player name, street address, 
and bank or credit information is removed from the data. 
The data shall retain information on player characteristics 
including gender, age and region of residence, player be-
havior including frequency of play, length of play, speed 
of play, denomination of play, amounts wagered and, if 
applicable, number of lines or hands played and character-
istics of games played. 
(h) ADMINISTRATIVE PROVISIONS.— 
(1) RULE OF CONSTRUCTION.—No provision of 
this section shall be construed as creating a legal 
duty in the Secretary, a qualified regulatory author-
ity, a licensee, or any employee or agent thereof to 
identify or to exclude compulsive players not on the 
list of self-excluded persons. 
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(2) NO CAUSE OF ACTION.—The Secretary, a 
qualified regulatory authority, a licensee, and any 
employee or agent thereof, shall not be liable to any 
person in any proceeding for losses or other damages 
of any kind arising out of that person’s gaming ac-
tivities based on a claim that the person was a com-
pulsive, problem, or pathological player. 
SEC. 107. PROHIBITIONS AND RESTRICTIONS. 
(a) PROHIBITION ON BETS OR WAGERS ON GAMES 
OTHER THAN INTERNET POKER.—No provision of this 
title shall be construed to authorize any licensee to accept 
a bet or wager on any game, event, or activity that is not 
Internet poker. 
(b) PROHIBITION ON THE USE OF CREDIT CARDS 
FOR INTERNET POKER.—No licensee, no person operating 
on behalf of a licensee, and no person accepting payment 
for or settlement of a bet or wager who intends to transmit 
such payment to a person licensee, may accept a bet or 
wager or payment for or settlement of a bet or wager that 
is transmitted or otherwise facilitated with a credit card 
(as defined in section 5362(11) of title 31, United States 
Code). 
(c) PUBLIC INTERNET POKER PARLORS PROHIB-
ITED.— 
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(1) IN GENERAL.—It shall be considered a vio-
lation of this title to operate an unlicensed place of 
public accommodation, club (including a club or as-
sociation limited to dues-paying members or similar 
restricted groups), or similar establishment in which 
computer terminals or similar access devices are 
made available to be used principally for the purpose 
of accessing Internet poker facilities. 
(2) 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. 
(3) CONSTRUCTION.—Nothing in this title shall 
be construed to authorize or otherwise to permit the 
operation of places of public accommodation, clubs 
(including clubs or associations limited to dues-pay-
ing members or similar restricted groups) and simi-
lar establishments that permit access to Internet 
poker facilities. 
(4) RELATION TO STATE, LOCAL, AND TRIBAL 
LAW.—Places of public accommodation, clubs, or 
similar establishments described in paragraph (1) 
shall be subject to all otherwise applicable State, 
local, and tribal laws. 
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SEC. 108. 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. 
SEC. 109. RELATION TO SUBCHAPTER IV OF CHAPTER 53 OF 
TITLE 31, UNITED STATES CODE. 
Subchapter IV of chapter 53 of title 31, United 
States Code, shall not apply to any bet or wager occurring 
pursuant to a license issued under this title, subject to 
section 110. 
SEC. 110. 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. 
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(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. 
(3) PERMISSIBLE USES.—It shall not be a vio-
lation of this subsection for a licensee, its agents, a 
qualified regulatory authority, or its agent to use or 
possess 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 regulatory authority 
that issued the applicable license. 
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(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. 
(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 regulatory authority, 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; 
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(B) such device is not used in live play in-
volving actual bets or wagers; and 
(C) such device is registered with the 
qualified regulatory authority 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 enactment 
of this Act, the Secretary shall submit to Congress 
a report containing the recommendations of the Sec-
retary on what minimum standards qualifying bodies 
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(1) the amount of fees collected under section 
104(e) and, in cooperation with the Secretary of the 
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 regulatory authorities, the 
number of licensees reviewed by the qualified regu-
latory authorities under this title, and the outcomes 
of such reviews; 
(3) a description of the efforts the Secretary 
has undertaken to ensure that qualified regulatory 
authorities are properly issuing licenses and regu-
lating licensees 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. 
(b) 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 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on 
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