‘‘(i) has itself opted out pursuant to 
subsection (b) (in which case the tribal 
opt-out exercise under such subsection 
shall apply); 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. 
‘‘(C) COORDINATION WITH INDIAN GAMING 
REGULATORY
ACT.—No decision by a State 
under this subsection shall be considered in 
making any determination with regard to the 
ability of an Indian tribe to offer any class of 
gambling activity pursuant to section 11 of the 
Indian Gaming Regulatory Act. 
‘‘(2) CHANGES TO STATE LIMITATIONS.—The 
establishment, repeal, or amendment by any State of 
any limitation referred to in paragraph (1) after the 
end of the 90-day period beginning on the date of 
the enactment of this subchapter shall apply, for 
purposes of this subchapter, beginning on the first 
January 1 that occurs after the end of the 60-day 
period beginning on the later of— 
‘‘(A) the date a notice of such establish-
ment, repeal, or amendment is provided by the 
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Governor or other chief executive officer of such 
State in writing to the Secretary; or 
‘‘(B) the effective date of such establish-
ment, repeal, or amendment. 
‘‘(b) INDIAN TRIBE OPT-OUT EXERCISE.— 
‘‘(1) 
LIMITATIONS
IMPOSED
BY
INDIAN 
TRIBES.—No Internet gambling licensee knowingly 
may accept a bet or wager from a person located in 
the tribal lands of any Indian tribe which limits such 
gambling activities or other contests if the principal 
chief or other chief executive officer of such Indian 
tribe informs the Secretary of such limitation, in a 
manner which clearly identifies the nature and ex-
tent of such limitation, before the end of the 90-day 
period beginning on the date of the enactment of the 
Internet Gambling Regulation, Consumer Protection, 
and Enforcement Act, or in accordance with para-
graph (2), until such time as any notice of any 
amendment or repeal of such specific limitation be-
comes effective under paragraph (2). 
‘‘(2) CHANGES
TO
INDIAN
TRIBE
LIMITA-
TIONS.—The establishment, repeal, or amendment 
by any Indian tribe of any limitation referred to in 
paragraph (1) after the end of the 90-day period be-
ginning on the date of the enactment of this sub-
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chapter shall apply, for purposes of this subchapter, 
beginning on the first January 1 that occurs after 
the end of the 60-day period beginning on the later 
of— 
‘‘(A) the date a notice of such establish-
ment, repeal, or amendment is provided by the 
principal chief or other chief executive officer of 
such Indian tribe in writing to the Secretary; or 
‘‘(B) the effective date of such establish-
ment, repeal, or amendment. 
‘‘(c) NOTIFICATION AND ENFORCEMENT OF STATE 
AND INDIAN TRIBE LIMITATIONS.— 
‘‘(1) IN GENERAL.—The Secretary shall notify 
all licensees and applicants of all States and Indian 
tribes that have provided notice pursuant to para-
graph (1) or (2) of subsection (a) or (b), 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. 
‘‘(2) COMPLIANCE.—The Secretary shall take 
effective measures to ensure that any licensee under 
this subchapter, as a condition of the license, com-
plies with any limitation or prohibition imposed by 
any State or Indian tribe to which the licensee is 
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subject under subsection (a) or (b), as the case may 
be. 
‘‘(3) VIOLATIONS.—It shall be a violation of 
this subchapter for any licensee knowingly to accept 
bets or wagers initiated or otherwise made by per-
sons located within any State or in the tribal lands 
of any Indian tribe for which a notice is in effect 
under subsection (a) or (b), as the case may be. 
‘‘(4) STATE
ATTORNEY
GENERAL
ENFORCE-
MENT.—In any case in which the attorney general of 
a State, or any State or local law enforcement agen-
cy authorized by the State attorney general or by 
State statute to prosecute violations of consumer 
protection law, has reason to believe that an interest 
of the residents of that State has been or is threat-
ened or adversely affected by a violation by a li-
censee pursuant to paragraph (2), the State, or the 
State or local law enforcement agency on behalf of 
the residents of the agency’s jurisdiction, may bring 
a civil action on behalf of the residents of that State 
or jurisdiction in a district court of the United 
States located therein, to— 
‘‘(A) enjoin that practice; or 
‘‘(B) enforce compliance with this sub-
chapter. 
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‘‘§ 5387. Professional and Amateur Sports Protection 
Act prohibitions 
‘‘No provision of this subchapter shall be construed 
as authorizing any licensee to operate an Internet gam-
bling facility that knowingly accepts bets or wagers on 
sporting events from persons located in the United States 
in violation of section 3702 of title 28, United States 
Code, except for fantasy or simulation sports games (as 
defined in section 5362 of this title). 
‘‘§ 5388. Safe harbors 
‘‘It shall be a complete defense against any prosecu-
tion or enforcement action under any Federal or State law 
against any person possessing a valid license under this 
subchapter that the activity is authorized under and has 
been carried out lawfully under the terms of this sub-
chapter. 
‘‘§ 5389. Relation to section 1084 of title 18 and the 
Unlawful Internet Gambling Enforcement 
Act 
‘‘Section 1084 of title 18 and subchapter IV of this 
chapter shall not apply to any Internet bet or wager occur-
ring pursuant to a license issued by the Secretary under 
this subchapter. 
‘‘§ 5390. Cheating and other fraud 
‘‘(a) ELECTRONIC
CHEATING
DEVICES
PROHIB-
ITED.—No person initiating, receiving, or otherwise mak-
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