H. R. 4954—53
(c) INITIAL REPORT.—Not later than 1 year after the date of 
the enactment of this Act, the Secretary shall submit a report 
to the appropriate congressional committees on—
(1) the impact of this title, and the amendments made 
by this title, on the responsibilities under section 302 of the 
Homeland Security Act of 2002 (6 U.S.C. 182); and 
(2) the efforts of the Department to coordinate, integrate, 
and establish priorities for conducting all basic and applied 
research, development, testing, and evaluation of technology 
and systems to detect, prevent, protect, and respond to chem-
ical, biological, radiological, and nuclear terrorist attacks. 
(d) ANNUAL REPORT.—The Director for Domestic Nuclear Detec-
tion and the Under Secretary for Science and Technology shall 
jointly and annually notify Congress that the strategy and tech-
nology road map for nuclear and radiological detection developed 
under subsections (a) and (b) is consistent with the national policy 
and strategic plan for identifying priorities, goals, objectives, and 
policies for coordinating the Federal Government’s civilian efforts 
to identify and develop countermeasures to terrorist threats from 
weapons of mass destruction that are required under section 302(2) 
of the Homeland Security Act of 2002 (6 U.S.C. 182(2)). 
TITLE VI—COMMERCIAL MOBILE 
SERVICE ALERTS 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Warning, Alert, and Response 
Network Act’’. 
SEC. 602. FEDERAL COMMUNICATIONS COMMISSION DUTIES. 
(a) COMMERCIAL
MOBILE
SERVICE
ALERT
REGULATIONS.—
Within 180 days after the date on which the Commercial Mobile 
Service Alert Advisory Committee, established pursuant to section 
603(a), transmits recommendations to the Federal Communications 
Commission, the Commission shall complete a proceeding to adopt 
relevant technical standards, protocols, procedures, and other tech-
nical requirements based on the recommendations of such Advisory 
Committee necessary to enable commercial mobile service alerting 
capability for commercial mobile service providers that voluntarily 
elect to transmit emergency alerts. The Commission shall consult 
with the National Institute of Standards and Technology regarding 
the adoption of technical standards under this subsection. 
(b) COMMERCIAL MOBILE SERVICE ELECTION.—
(1) 
AMENDMENT
OF
COMMERCIAL
MOBILE
SERVICE 
LICENSE.—Within 120 days after the date on which the Federal 
Communications Commission adopts relevant technical stand-
ards and other technical requirements pursuant to subsection 
(a), the Commission shall complete a proceeding—
(A) to allow any licensee providing commercial mobile 
service (as defined in section 332(d)(1) of the Communica-
tions Act of 1934 (47 U.S.C. 332(d)(1))) to transmit emer-
gency alerts to subscribers to, or users of, the commercial 
mobile service provided by such licensee; 
(B) to require any licensee providing commercial mobile 
service that elects, in whole or in part, under paragraph 
(2) not to transmit emergency alerts to provide clear and
H. R. 4954—54
conspicuous notice at the point of sale of any devices with 
which its commercial mobile service is included, that it 
will not transmit such alerts via the service it provides 
for the device; and 
(C) to require any licensee providing commercial mobile 
service that elects under paragraph (2) not to transmit 
emergency alerts to notify its existing subscribers of its 
election. 
(2) ELECTION.—
(A) IN GENERAL.—Within 30 days after the Commission 
issues its order under paragraph (1), each licensee pro-
viding commercial mobile service shall file an election with 
the Commission with respect to whether or not it intends 
to transmit emergency alerts. 
(B) TRANSMISSION
STANDARDS; NOTIFICATION.—If a 
licensee providing commercial mobile service elects to 
transmit emergency alerts via its commercial mobile 
service, the licensee shall—
(i) notify the Commission of its election; and 
(ii) agree to transmit such alerts in a manner 
consistent with the technical standards, protocols, 
procedures, and other technical requirements imple-
mented by the Commission. 
(C) NO FEE FOR SERVICE.—A commercial mobile service 
licensee that elects to transmit emergency alerts may not 
impose a separate or additional charge for such trans-
mission or capability. 
(D) WITHDRAWAL; LATE
ELECTION.—The Commission 
shall establish a procedure—
(i) for a commercial mobile service licensee that 
has elected to transmit emergency alerts to withdraw 
its election without regulatory penalty or forfeiture 
upon advance written notification of the withdrawal 
to its affected subscribers; 
(ii) for a commercial mobile service licensee to 
elect to transmit emergency alerts at a date later than 
provided in subparagraph (A); and 
(iii) under which a subscriber may terminate a 
subscription to service provided by a commercial mobile 
service licensee that withdraws its election without 
penalty or early termination fee. 
(E) CONSUMER CHOICE TECHNOLOGY.—Any commercial 
mobile service licensee electing to transmit emergency 
alerts may offer subscribers the capability of preventing 
the subscriber’s device from receiving such alerts, or classes 
of such alerts, other than an alert issued by the President. 
Within 2 years after the Commission completes the pro-
ceeding under paragraph (1), the Commission shall 
examine the issue of whether a commercial mobile service 
provider should continue to be permitted to offer its sub-
scribers such capability. The Commission shall submit a 
report with its recommendations to the Committee on Com-
merce, Science, and Transportation of the Senate and the 
Committee on Energy and Commerce of the House of Rep-
resentatives.
H. R. 4954—55
(c) DIGITAL TELEVISION TRANSMISSION TOWERS RETRANSMISSION 
CAPABILITY.—Within 90 days after the date on which the Commis-
sion adopts relevant technical standards based on recommendations 
of the Commercial Mobile Service Alert Advisory Committee, estab-
lished pursuant to section 603(a), the Commission shall complete 
a proceeding to require licensees and permittees of noncommercial 
educational broadcast stations or public broadcast stations (as those 
terms are defined in section 397(6) of the Communications Act 
of 1934 (47 U.S.C. 397(6))) to install necessary equipment and 
technologies on, or as part of, any broadcast television digital signal 
transmitter to enable the distribution of geographically targeted 
alerts by commercial mobile service providers that have elected 
to transmit emergency alerts under this section. 
(d) FCC REGULATION OF COMPLIANCE.—The Federal Commu-
nications Commission may enforce compliance with this title but 
shall have no rulemaking authority under this title, except as 
provided in subsections (a), (b), (c), and (f). 
(e) LIMITATION OF LIABILITY.—
(1) IN GENERAL.—Any commercial mobile service provider 
(including its officers, directors, employees, vendors, and agents) 
that transmits emergency alerts and meets its obligations under 
this title shall not be liable to any subscriber to, or user 
of, such person’s service or equipment for—
(A) any act or omission related to or any harm resulting 
from the transmission of, or failure to transmit, an emer-
gency alert; or 
(B) the release to a government agency or entity, public 
safety, fire service, law enforcement official, emergency 
medical service, or emergency facility of subscriber informa-
tion used in connection with delivering such an alert. 
(2) ELECTION NOT TO TRANSMIT ALERTS.—The election by 
a commercial mobile service provider under subsection (b)(2)(A) 
not to transmit emergency alerts, or to withdraw its election 
to transmit such alerts under subsection (b)(2)(D) shall not, 
by itself, provide a basis for liability against the provider 
(including its officers, directors, employees, vendors, and 
agents). 
(f) TESTING.—The Commission shall require by regulation tech-
nical testing for commercial mobile service providers that elect 
to transmit emergency alerts and for the devices and equipment 
used by such providers for transmitting such alerts. 
SEC. 603. COMMERCIAL MOBILE SERVICE ALERT ADVISORY COM-
MITTEE. 
(a) ESTABLISHMENT.—Not later than 60 days after the date 
of enactment of this Act, the chairman of the Federal Communica-
tions Commission shall establish an advisory committee, to be 
known as the Commercial Mobile Service Alert Advisory Committee 
(referred to in this section as the ‘‘Advisory Committee’’). 
(b) MEMBERSHIP.—The chairman of the Federal Communica-
tions Commission shall appoint the members of the Advisory Com-
mittee, as soon as practicable after the date of enactment of this 
Act, from the following groups: 
(1) STATE
AND
LOCAL
GOVERNMENT
REPRESENTATIVES.—
Representatives of State and local governments and representa-
tives of emergency response providers, selected from among
H. R. 4954—56
individuals nominated by national organizations representing 
such governments and personnel. 
(2) TRIBAL GOVERNMENTS.—Representatives from Federally 
recognized Indian tribes and National Indian organizations. 
(3) SUBJECT MATTER EXPERTS.—Individuals who have the 
requisite technical knowledge and expertise to serve on the 
Advisory Committee in the fulfillment of its duties, including 
representatives of—
(A) communications service providers; 
(B) vendors, developers, and manufacturers of systems, 
facilities, equipment, and capabilities for the provision of 
communications services; 
(C) third-party service bureaus; 
(D) technical experts from the broadcasting industry; 
(E) the national organization representing the licensees 
and permittees of noncommercial broadcast television sta-
tions; 
(F) national organizations representing individuals 
with special needs, including individuals with disabilities 
and the elderly; and 
(G) other individuals with relevant technical expertise. 
(4) QUALIFIED REPRESENTATIVES OF OTHER STAKEHOLDERS 
AND INTERESTED PARTIES.—Qualified representatives of such 
other stakeholders and interested and affected parties as the 
chairman deems appropriate. 
(c) DEVELOPMENT OF SYSTEM-CRITICAL RECOMMENDATIONS.—
Within 1 year after the date of enactment of this Act, the Advisory 
Committee shall develop and submit to the Federal Communications 
Commission recommendations—
(1) for protocols, technical capabilities, and technical proce-
dures through which electing commercial mobile service pro-
viders receive, verify, and transmit alerts to subscribers; 
(2) for the establishment of technical standards for priority 
transmission of alerts by electing commercial mobile service 
providers to subscribers; 
(3) for relevant technical standards for devices and equip-
ment and technologies used by electing commercial mobile 
service providers to transmit emergency alerts to subscribers; 
(4) for the technical capability to transmit emergency alerts 
by electing commercial mobile providers to subscribers in lan-
guages in addition to English, to the extent practicable and 
feasible; 
(5) under which electing commercial mobile service pro-
viders may offer subscribers the capability of preventing the 
subscriber’s device from receiving emergency alerts, or classes 
of such alerts, (other than an alert issued by the President), 
consistent with section 602(b)(2)(E); 
(6) for a process under which commercial mobile service 
providers can elect to transmit emergency alerts if—
(A) not all of the devices or equipment used by such 
provider are capable of receiving such alerts; or 
(B) the provider cannot offer such alerts throughout 
the entirety of its service area; and 
(7) as otherwise necessary to enable electing commercial 
mobile service providers to transmit emergency alerts to sub-
scribers. 
(d) MEETINGS.—
H. R. 4954—57
(1) INITIAL MEETING.—The initial meeting of the Advisory 
Committee shall take place not later than 60 days after the 
date of the enactment of this Act. 
(2) OTHER
MEETINGS.—After the initial meeting, the 
Advisory Committee shall meet at the call of the chair. 
(3) NOTICE; OPEN MEETINGS.—Any meetings held by the 
Advisory Committee shall be duly noticed at least 14 days 
in advance and shall be open to the public. 
(e) RULES.—
(1) QUORUM.—One-third of the members of the Advisory 
Committee shall constitute a quorum for conducting business 
of the Advisory Committee. 
(2) SUBCOMMITTEES.—To assist the Advisory Committee 
in carrying out its functions, the chair may establish appro-
priate subcommittees composed of members of the Advisory 
Committee and other subject matter experts as deemed nec-
essary. 
(3) ADDITIONAL
RULES.—The Advisory Committee may 
adopt other rules as needed. 
(f) FEDERAL ADVISORY COMMITTEE ACT.—Neither the Federal 
Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or 
regulation promulgated under that Act shall apply to the Advisory 
Committee. 
(g) CONSULTATION WITH NIST.—The Advisory Committee shall 
consult with the National Institute of Standards and Technology 
in its work on developing recommendations under paragraphs (2) 
and (3) of subsection (c). 
SEC. 604. RESEARCH AND DEVELOPMENT. 
(a) IN GENERAL.—The Under Secretary of Homeland Security 
for Science and Technology, in consultation with the director of 
the National Institute of Standards and Technology and the chair-
man of the Federal Communications Commission, shall establish 
a research, development, testing, and evaluation program based 
on the recommendations of the Commercial Mobile Service Alert 
Advisory Committee, established pursuant to section 603(a), to sup-
port the development of technologies to increase the number of 
commercial mobile service devices that can receive emergency alerts. 
(b) FUNCTIONS.—The program established under subsection (a) 
shall—
(1) fund research, development, testing, and evaluation 
at academic institutions, private sector entities, government 
laboratories, and other appropriate entities; and 
(2) ensure that the program addresses, at a minimum—
(A) developing innovative technologies that will 
transmit geographically targeted emergency alerts to the 
public; and 
(B) research on understanding and improving public 
response to warnings. 
SEC. 605. GRANT PROGRAM FOR REMOTE COMMUNITY ALERT SYS-
TEMS. 
(a) GRANT PROGRAM.—The Under Secretary of Commerce for 
Oceans and Atmosphere, in consultation with the Secretary of 
Homeland Security, shall establish a program under which grants 
may be made to provide for outdoor alerting technologies in remote 
communities effectively unserved by commercial mobile service (as 
determined by the Federal Communications Commission within
H. R. 4954—58
180 days after the date of enactment of this Act) for the purpose 
of enabling residents of those communities to receive emergency 
alerts. 
(b) APPLICATIONS AND CONDITIONS.—In conducting the program, 
the Under Secretary—
(1) shall establish a notification and application procedure; 
and 
(2) may establish such conditions, and require such assur-
ances, as may be appropriate to ensure the efficiency and 
integrity of the grant program. 
(c) SUNSET.—The Under Secretary may not make grants under 
subsection (a) more than 5 years after the date of enactment of 
this Act. 
(d) LIMITATION.—The sum of the amounts awarded for all fiscal 
years as grants under this section may not exceed $10,000,000. 
SEC. 606. FUNDING. 
(a) IN GENERAL.—In addition to any amounts provided by 
appropriation Acts, funding for this title shall be provided from 
the Digital Transition and Public Safety Fund in accordance with 
section 3010 of the Digital Television Transition and Public Safety 
Act of 2005 (47 U.S.C. 309 note). 
(b) COMPENSATION.—The Assistant Secretary of Commerce for 
Communications and Information shall compensate any such broad-
cast station licensee or permittee for reasonable costs incurred 
in complying with the requirements imposed pursuant to section 
602(c) from funds made available under this section. The Assistant 
Secretary shall ensure that sufficient funds are made available 
to effectuate geographically targeted alerts. 
(c) CREDIT.—The Assistant Secretary of Commerce for Commu-
nications and Information, in consultation with the Under Secretary 
of Homeland Security for Science and Technology and the Under 
Secretary of Commerce for Oceans and Atmosphere, may borrow 
from the Treasury beginning on October 1, 2006, such sums as 
may be necessary, but not to exceed $106,000,000, to implement 
this title. The Assistant Secretary of Commerce for Communications 
and Information shall ensure that the Under Secretary of Homeland 
Security for Science and Technology and the Under Secretary of 
Commerce for Oceans and Atmosphere are provided adequate funds 
to carry out their responsibilities under sections 604 and 605 of 
this title. The Treasury shall be reimbursed, without interest, from 
amounts in the Digital Television Transition and Public Safety 
Fund as funds are deposited into the Fund. 
SEC. 607. ESSENTIAL SERVICES DISASTER ASSISTANCE. 
Title IV of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 425. ESSENTIAL SERVICE PROVIDERS. 
‘‘(a) DEFINITION.—In this section, the term ‘essential service 
provider’ means an entity that—
‘‘(1) provides—
‘‘(A) telecommunications service; 
‘‘(B) electrical power; 
‘‘(C) natural gas; 
‘‘(D) water and sewer services; or
H. R. 4954—59
‘‘(E) any other essential service, as determined by the 
President; 
‘‘(2) is—
‘‘(A) a municipal entity; 
‘‘(B) a nonprofit entity; or 
‘‘(C) a private, for profit entity; and 
‘‘(3) is contributing to efforts to respond to an emergency 
or major disaster. 
‘‘(b) AUTHORIZATION
FOR ACCESSIBILITY.—Unless exceptional 
circumstances apply, in an emergency or major disaster, the head 
of a Federal agency, to the greatest extent practicable, shall not—
‘‘(1) deny or impede access to the disaster site to an essen-
tial service provider whose access is necessary to restore and 
repair an essential service; or 
‘‘(2) impede the restoration or repair of the services 
described in subsection (a)(1). 
‘‘(c) IMPLEMENTATION.—In implementing this section, the head 
of a Federal agency shall follow all applicable Federal laws, regula-
tions, and policies.’’. 
SEC. 608. COMMUNITY DISASTER LOANS. 
Section 417(b) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5184(b)) is amended—
(1) by striking ‘‘exceed 25 per centum’’ and inserting the 
following: ‘‘exceed—
‘‘(1) 25 percent’’; and 
(2) by striking the period at the end and inserting the 
following: ‘‘; or 
‘‘(2) if the loss of tax and other revenues of the local 
government as a result of the major disaster is at least 75 
percent of the annual operating budget of that local government 
for the fiscal year in which the major disaster occurs, 50 percent 
of the annual operating budget of that local government for 
the fiscal year in which the major disaster occurs, and shall 
not exceed $5,000,000.’’. 
SEC. 609. PUBLIC FACILITIES. 
Section 406(c)(1) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5172(c)(1)) is amended—
(1) in subparagraph (A), by striking ‘‘75’’ and inserting 
‘‘90’’; 
(2) by striking subparagraph (B); and 
(3) by redesignating subparagraphs (C) and (D) as subpara-
graphs (B) and (C), respectively. 
SEC. 610. EXPEDITED PAYMENTS. 
Section 407 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5173) is amended by adding at 
the end the following: 
‘‘(e) EXPEDITED PAYMENTS.—
‘‘(1) GRANT ASSISTANCE.—In making a grant under sub-
section (a)(2), the President shall provide not less than 50 
percent of the President’s initial estimate of the Federal share 
of assistance as an initial payment in accordance with para-
graph (2). 
‘‘(2) DATE OF PAYMENT.—Not later than 60 days after the 
date of the estimate described in paragraph (1) and not later
H. R. 4954—60
than 90 days after the date on which the State or local govern-
ment or owner or operator of a private nonprofit facility applies 
for assistance under this section, an initial payment described 
in paragraph (1) shall be paid.’’. 
SEC. 611. USE OF LOCAL CONTRACTING. 
Section 307(b) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5150), as amended by the 
Post-Katrina Emergency Management Reform Act of 2006, is 
amended by adding at the end the following: 
‘‘(3) FORMULATION OF REQUIREMENTS.—The head of a Fed-
eral agency, as feasible and practicable, shall formulate appro-
priate requirements to facilitate compliance with this section.’’. 
SEC. 612. FEMA PROGRAMS. 
Notwithstanding any other provision of Federal law, as of April 
1, 2007, the Director of the Federal Emergency Management Agency 
shall be responsible for the radiological emergency preparedness 
program and the chemical stockpile emergency preparedness pro-
gram. 
SEC. 613. HOMELAND SECURITY DEFINITION. 
Section 2(6) of the Homeland Security Act of 2002 (6 U.S.C. 
101(6)) is amended by inserting ‘‘governmental and nongovern-
mental’’ after ‘‘local’’. 
TITLE VII—OTHER MATTERS 
SEC. 701. SECURITY PLAN FOR ESSENTIAL AIR SERVICE AND SMALL 
COMMUNITY AIRPORTS. 
(a) IN GENERAL.—Not later than 60 days after the date of 
the enactment of this Act, the Assistant Secretary for the Transpor-
tation Security Administration shall submit to Congress a security 
plan for—
(1) Essential Air Service airports in the United States; 
and 
(2) airports whose community or consortia of communities 
receive assistance under the Small Community Air Service 
Development Program authorized under section 41743 of title 
49, United States Code, and maintain, resume, or obtain sched-
uled passenger air carrier service with assistance from that 
program in the United States. 
(b) ELEMENTS OF PLAN.—The security plans required under 
subsection (a) shall include the following: 
(1) Recommendations for improved security measures at 
such airports. 
(2) Recommendations for proper passenger and cargo secu-
rity screening procedures at such airports. 
(3) A timeline for implementation of recommended security 
measures or procedures at such airports. 
(4) Cost analysis for implementation of recommended secu-
rity measures or procedures at such airports. 
SEC. 702. DISCLOSURES REGARDING HOMELAND SECURITY GRANTS. 
(a) DEFINITIONS.—In this section:
H. R. 4954—61
(1) HOMELAND
SECURITY
GRANT.—The term ‘‘homeland 
security grant’’ means any grant made or administered by 
the Department, including—
(A) the State Homeland Security Grant Program; 
(B) the Urban Area Security Initiative Grant Program; 
(C) the Law Enforcement Terrorism Prevention Pro-
gram; 
(D) the Citizen Corps; and 
(E) the Metropolitan Medical Response System. 
(2) LOCAL GOVERNMENT.—The term ‘‘local government’’ has 
the meaning given the term in section 2 of the Homeland 
Security Act of 2002 (6 U.S.C. 101). 
(b) REQUIRED DISCLOSURES.—Each State or local government 
that receives a homeland security grant shall, not later than 12 
months after the later of the date of the enactment of this Act 
and the date of receipt of such grant, and every 12 months there-
after until all funds provided under such grant are expended, submit 
a report to the Secretary that contains a list of all expenditures 
made by such State or local government using funds from such 
grant. 
SEC. 703. TRUCKING SECURITY. 
(a) LEGAL STATUS VERIFICATION FOR LICENSED UNITED STATES 
COMMERCIAL DRIVERS.—Not later than 18 months after the date 
of the enactment of this Act, the Secretary of Transportation, in 
cooperation with the Secretary, shall issue regulations to implement 
the recommendations contained in the memorandum of the 
Inspector General of the Department of Transportation issued on 
June 4, 2004 (Control No. 2004–054). 
(b) COMMERCIAL DRIVER’S LICENSE ANTIFRAUD PROGRAMS.—
Not later than 18 months after the date of the enactment of this 
Act, the Secretary of Transportation, in cooperation with the Sec-
retary, shall issue a regulation to implement the recommendations 
contained in the Report on Federal Motor Carrier Safety Adminis-
tration Oversight of the Commercial Driver’s License Program (MH–
2006–037). 
(c) VERIFICATION OF COMMERCIAL MOTOR VEHICLE TRAFFIC.—
(1) GUIDELINES.—Not later than 18 months after the date 
of the enactment of this Act, the Secretary, in consultation 
with the Secretary of Transportation, shall draft guidelines 
for Federal, State, and local law enforcement officials, including 
motor carrier safety enforcement personnel, on how to identify 
noncompliance with Federal laws uniquely applicable to 
commercial motor vehicles and commercial motor vehicle opera-
tors engaged in cross-border traffic and communicate such non-
compliance to the appropriate Federal authorities. Such guide-
lines shall be coordinated with the training and outreach activi-
ties of the Federal Motor Carrier Safety Administration under 
section 4139 of SAFETEA-LU (Public Law 109–59). 
(2) VERIFICATION.—Not later than 18 months after the 
date of the enactment of this Act, the Administrator of the 
Federal Motor Carrier Safety Administration shall modify the 
final rule regarding the enforcement of operating authority 
(Docket No. FMCSA–2002–13015) to establish a system or 
process by which a carrier’s operating authority can be verified 
during a roadside inspection.
H. R. 4954—62
SEC. 704. AIR AND MARINE OPERATIONS OF THE NORTHERN BORDER 
AIR WING. 
In addition to any other amounts authorized to be appropriated 
for Air and Marine Operations of United States Customs and Border 
Protection for fiscal year 2008, there are authorized to be appro-
priated such sums as may be necessary for operation expenses 
and aviation assets, for primary and secondary sites, of the 
Northern Border Air Wing Branch in Great Falls, Montana. 
SEC. 705. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOP-
MENT. 
(a) IN GENERAL.—Notwithstanding section 12105(c) of title 46, 
United States Code, a foreign-flag vessel may be chartered by, 
or on behalf of, a lessee to be employed for the setting, relocation, 
or recovery of anchors or other mooring equipment of a mobile 
offshore drilling unit that is located over the Outer Continental 
Shelf (as defined in section 2(a) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1331(a)) for operations in support of explo-
ration, or flow-testing and stimulation of wells, for offshore mineral 
or energy resources in the Beaufort Sea or the Chukchi Sea adjacent 
to Alaska—
(1) until December 31, 2009, if the Secretary of Transpor-
tation determines after publishing notice in the Federal Reg-
ister, that insufficient vessels documented under section 
12105(c) of title 46, United States Code, are reasonably avail-
able and suitable for these support operations and all such 
reasonably available and suitable vessels are employed in sup-
port of such operations; and 
(2) for an additional 2-year period beginning January 1, 
2010, if the Secretary of Transportation determines —
(A) as of December 31, 2009, the lessee has entered 
into a binding agreement to employ an eligible vessel or 
vessels to be documented under section 12105(c) of title 
46, United States Code, in sufficient numbers and with 
sufficient suitability to replace any vessel or vessels oper-
ating under this section; and 
(B) after publishing notice in the Federal Register, 
that insufficient vessels documented under section 12105(c) 
of title 46, United States Code, are reasonably available 
and suitable for these support operations and all such 
reasonably available and suitable vessels are employed in 
support of such operations. 
(b) LESSEE DEFINED.—In this section, the term ‘‘lessee’’ means 
the holder of a lease (as defined in section 1331(c) of title 43, 
United States Code). 
(c) SAVINGS PROVISION.—Nothing in subsection (a) may be con-
strued to authorize the employment in the coastwise trade of a 
vessel that does not meet the requirements of section 12106 of 
title 46, United States Code. 
SEC. 706. COAST GUARD PROPERTY IN PORTLAND, MAINE. 
Section 347(c) of the Maritime Transportation Security Act 
of 2002 (Public Law 107–295; 116 Stat. 2109) is amended by striking 
‘‘within 30 months from the date of conveyance’’ and inserting 
‘‘by December 31, 2009’’.
H. R. 4954—63
SEC. 707. METHAMPHETAMINE AND METHAMPHETAMINE PRECURSOR 
CHEMICALS. 
(a) COMPLIANCE WITH PERFORMANCE PLAN REQUIREMENTS.—
As part of the annual performance plan required in the budget 
submission of the United States Customs and Border Protection 
under section 1115 of title 31, United States Code, the Commis-
sioner shall establish performance indicators relating to the seizure 
of methamphetamine and methamphetamine precursor chemicals 
in order to evaluate the performance goals of the United States 
Customs and Border Protection with respect to the interdiction 
of illegal drugs entering the United States. 
(b) STUDY AND REPORT RELATING TO METHAMPHETAMINE AND 
METHAMPHETAMINE PRECURSOR CHEMICALS.—
(1) ANALYSIS.—The Commissioner shall, on an ongoing 
basis, analyze the movement of methamphetamine and meth-
amphetamine precursor chemicals into the United States. In 
conducting the analysis, the Commissioner shall—
(A) consider the entry of methamphetamine and meth-
amphetamine precursor chemicals through ports of entry, 
between ports of entry, through international mails, and 
through international courier services; 
(B) examine the export procedures of each foreign 
country where the shipments of methamphetamine and 
methamphetamine precursor chemicals originate and deter-
mine if changes in the country’s customs over time provi-
sions would alleviate the export of methamphetamine and 
methamphetamine precursor chemicals; and 
(C) identify emerging trends in smuggling techniques 
and strategies. 
(2) REPORT.—Not later than September 30, 2007, and each 
2-year period thereafter, the Commissioner, in the consultation 
with the Attorney General, United States Immigration and 
Customs Enforcement, the United States Drug Enforcement 
Administration, and the United States Department of State, 
shall submit a report to the Committee on Finance of the 
Senate, the Committee on Foreign Relations of the Senate, 
the Committee on the Judiciary of the Senate, the Committee 
on Ways and Means of the House of Representatives, the Com-
mittee on International Relations of the House of Representa-
tives, and the Committee on the Judiciary of the House of 
Representatives, that includes—
(A) a comprehensive summary of the analysis described 
in paragraph (1); and 
(B) a description of how the Untied States Customs 
and Border Protection utilized the analysis described in 
paragraph (1) to target shipments presenting a high risk 
for smuggling or circumvention of the Combat Meth-
amphetamine Epidemic Act of 2005 (Public Law 109–177). 
(3) AVAILABILITY OF ANALYSIS.—The Commissioner shall 
ensure that the analysis described in paragraph (1) is made 
available in a timely manner to the Secretary of State to 
facilitate the Secretary in fulfilling the Secretary’s reporting 
requirements in section 722 of the Combat Methamphetamine 
Epidemic Act of 2005. 
(c) DEFINITION.—In this section, the term ‘‘methamphetamine 
precursor 
chemicals’’ 
means 
the 
chemicals 
ephedrine,
H. R. 4954—64
pseudoephedrine, or phenylpropanolamine, including each of the 
salts, optical isomers, and salts of optical isomers of such chemicals. 
SEC. 
708. 
AIRCRAFT 
CHARTER 
CUSTOMER 
AND 
LESSEE 
PRESCREENING PROGRAM. 
(a) IMPLEMENTATION STATUS.—Not later than 270 days after 
the implementation of the Department’s aircraft charter customer 
and lessee prescreening process required under section 44903(j)(2) 
of title 49, United States Code, the Comptroller General of the 
United States shall—
(1) assess the status and implementation of the program 
and the use of the program by the general aviation charter 
and rental community; and 
(2) submit a report containing the findings, conclusions, 
and recommendations, if any, of such assessment to—
(A) the Committee on Commerce, Science, and 
Transportation of the Senate; 
(B) the Committee on Homeland Security of the House 
of Representatives; and 
(C) the Committee on Transportation and Infrastruc-
ture of the House of Representatives. 
SEC. 709. PROTECTION OF HEALTH AND SAFETY DURING DISASTERS. 
(a) DEFINITIONS.—In this section: 
(1) CERTIFIED MONITORING PROGRAM.—The term ‘‘certified 
monitoring program’’ means a medical monitoring program—
(A) in which a participating responder is a participant 
as a condition of the employment of such participating 
responder; and 
(B) that the Secretary of Health and Human Services 
certifies includes an adequate baseline medical screening. 
(2) DISASTER AREA.—The term ‘‘disaster area’’ means an 
area in which the President has declared a major disaster 
(as that term is defined in section 102 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), 
during the period of such declaration. 
(3) HIGH EXPOSURE LEVEL.—The term ‘‘high exposure level’’ 
means a level of exposure to a substance of concern that is 
for such a duration, or of such a magnitude, that adverse 
effects on human health can be reasonably expected to occur, 
as determined by the President, acting through the Secretary 
of Health and Human Services, in accordance with human 
monitoring or environmental or other appropriate indicators. 
(4) INDIVIDUAL.—The term ‘‘individual’’ includes—
(A) a worker or volunteer who responds to a disaster, 
either natural or manmade, involving any mode of 
transportation in the United States or disrupting the 
transportation system of the United States, including—
(i) a police officer; 
(ii) a firefighter; 
(iii) an emergency medical technician; 
(iv) any participating member of an urban search 
and rescue team; and 
(v) any other relief or rescue worker or volunteer 
that the President, acting through the Secretary of 
Health and Human Services, determines to be appro-
priate;
H. R. 4954—65
(B) a worker who responds to a disaster, either natural 
or manmade, involving any mode of transportation in the 
United States or disrupting the transportation system of 
the United States, by assisting in the cleanup or restoration 
of critical infrastructure in and around a disaster area; 
(C) a person whose place of residence is in a disaster 
area, caused by either a natural or manmade disaster 
involving any mode of transportation in the United States 
or disrupting the transportation system of the United 
States; 
(D) a person who is employed in or attends school, 
child care, or adult day care in a building located in a 
disaster area, caused by either a natural or manmade 
disaster involving any mode of transportation in the United 
States or disrupting the transportation system of the 
United States, of the United States; and 
(E) any other person that the President, acting through 
the Secretary of Health and Human Services, determines 
to be appropriate. 
(5) PARTICIPATING
RESPONDER.—The term ‘‘participating 
responder’’ means an individual described in paragraph (4)(A). 
(6) PROGRAM.—The term ‘‘program’’ means a program 
described in subsection (b) that is carried out for a disaster 
area. 
(7) SUBSTANCE OF CONCERN.—The term ‘‘substance of con-
cern’’ means a chemical or other substance that is associated 
with potential acute or chronic human health effects, the risk 
of exposure to which could potentially be increased as the 
result of a disaster, as determined by the President, acting 
through the Secretary of Health and Human Services, and 
in coordination with the Agency for Toxic Substances and Dis-
ease Registry, the Environmental Protection Agency, the Cen-
ters for Disease Control and Prevention, the National Institutes 
of Health, the Federal Emergency Management Agency, the 
Occupational Health and Safety Administration, and other 
agencies. 
(b) PROGRAM.—
(1) IN GENERAL.—If the President, acting through the Sec-
retary of Health and Human Services, determines that 1 or 
more substances of concern are being, or have been, released 
in an area declared to be a disaster area and disrupts the 
transportation system of the United States, the President, 
acting through the Secretary of Health and Human Services, 
may carry out a program for the coordination, protection, 
assessment, monitoring, and study of the health and safety 
of individuals with high exposure levels to ensure that—
(A) the individuals are adequately informed about and 
protected against potential health impacts of any substance 
of concern in a timely manner; 
(B) the individuals are monitored and studied over 
time, including through baseline and followup clinical 
health examinations, for—
(i) any short- and long-term health impacts of any 
substance of concern; and 
(ii) any mental health impacts; 
(C) the individuals receive health care referrals as 
needed and appropriate; and
H. R. 4954—66
(D) information from any such monitoring and studies 
is used to prevent or protect against similar health impacts 
from future disasters. 
(2) ACTIVITIES.—A program under paragraph (1) may 
include such activities as—
(A) collecting and analyzing environmental exposure 
data; 
(B) developing and disseminating information and edu-
cational materials; 
(C) performing baseline and followup clinical health 
and mental health examinations and taking biological sam-
ples; 
(D) establishing and maintaining an exposure registry; 
(E) studying the short- and long-term human health 
impacts of any exposures through epidemiological and other 
health studies; and 
(F) providing assistance to individuals in determining 
eligibility for health coverage and identifying appropriate 
health services. 
(3) TIMING.—To the maximum extent practicable, activities 
under any program carried out under paragraph (1) (including 
baseline health examinations) shall be commenced in a timely 
manner that will ensure the highest level of public health 
protection and effective monitoring. 
(4) PARTICIPATION IN REGISTRIES AND STUDIES.—
(A) IN GENERAL.—Participation in any registry or study 
that is part of a program carried out under paragraph 
(1) shall be voluntary. 
(B) PROTECTION
OF
PRIVACY.—The President, acting 
through the Secretary of Health and Human Services, shall 
take appropriate measures to protect the privacy of any 
participant in a registry or study described in subparagraph 
(A). 
(C) PRIORITY.—
(i) IN GENERAL.—Except as provided in clause (ii), 
the President, acting through the Secretary of Health 
and Human Services, shall give priority in any registry 
or study described in subparagraph (A) to the protec-
tion, monitoring and study of the health and safety 
of individuals with the highest level of exposure to 
a substance of concern. 
(ii) MODIFICATIONS.—Notwithstanding clause (i), 
the President, acting through the Secretary of Health 
and Human Services, may modify the priority of a 
registry or study described in subparagraph (A), if 
the President, acting through the Secretary of Health 
and Human Services, determines such modification to 
be appropriate. 
(5) COOPERATIVE AGREEMENTS.—
(A) IN GENERAL.—The President, acting through the 
Secretary of Health and Human Services, may carry out 
a program under paragraph (1) through a cooperative 
agreement with a medical institution, including a local 
health department, or a consortium of medical institutions. 
(B) SELECTION
CRITERIA.—To the maximum extent 
practicable, the President, acting through the Secretary 
of Health and Human Services, shall select, to carry out
H. R. 4954—67
a program under paragraph (1), a medical institution or 
a consortium of medical institutions that—
(i) is located near—
(I) the disaster area with respect to which 
the program is carried out; and 
(II) any other area in which there reside 
groups of individuals that worked or volunteered 
in response to the disaster; and 
(ii) has appropriate experience in the areas of 
environmental or occupational health, toxicology, and 
safety, including experience in—
(I) developing clinical protocols and conducting 
clinical health examinations, including mental 
health assessments; 
(II) conducting long-term health monitoring 
and epidemiological studies; 
(III) conducting long-term mental health 
studies; and 
(IV) establishing and maintaining medical 
surveillance programs and environmental exposure 
or disease registries. 
(6) INVOLVEMENT.—
(A) IN GENERAL.—In carrying out a program under 
paragraph (1), the President, acting through the Secretary 
of Health and Human Services, shall involve interested 
and affected parties, as appropriate, including representa-
tives of—
(i) Federal, State, and local government agencies; 
(ii) groups of individuals that worked or volun-
teered in response to the disaster in the disaster area; 
(iii) local residents, businesses, and schools 
(including parents and teachers); 
(iv) health care providers; 
(v) faith based organizations; and 
(vi) other organizations and persons. 
(B) COMMITTEES.—Involvement under subparagraph 
(A) may be provided through the establishment of an 
advisory or oversight committee or board. 
(7) PRIVACY.—The President, acting through the Secretary 
of Health and Human Services, shall carry out each program 
under paragraph (1) in accordance with regulations relating 
to privacy promulgated under section 264(c) of the Health Insur-
ance Portability and Accountability Act of 1996 (42 U.S.C. 
1320d–2 note; Public Law 104–191). 
(8) EXISTING PROGRAMS.—In carrying out a program under 
paragraph (1), the President, acting through the Secretary of 
Health and Human Services, may—
(A) include the baseline clinical health examination 
of a participating responder under a certified monitoring 
programs; and 
(B) substitute the baseline clinical health examination 
of a participating responder under a certified monitoring 
program for a baseline clinical health examination under 
paragraph (1). 
(c) REPORTS.—Not later than 1 year after the establishment 
of a program under subsection (b)(1), and every 5 years thereafter, 
the President, acting through the Secretary of Health and Human
H. R. 4954—68
Services, or the medical institution or consortium of such institu-
tions having entered into a cooperative agreement under subsection 
(b)(5), may submit a report to the Secretary of Homeland Security, 
the Secretary of Labor, the Administrator of the Environmental 
Protection Agency, and appropriate committees of Congress 
describing the programs and studies carried out under the program. 
(d) NATIONAL ACADEMY OF SCIENCES REPORT ON DISASTER AREA 
HEALTH AND ENVIRONMENTAL PROTECTION AND MONITORING.—
(1) IN
GENERAL.—The Secretary of Health and Human 
Services, the Secretary of Homeland Security, and the Adminis-
trator of the Environmental Protection Agency shall jointly 
enter into a contract with the National Academy of Sciences 
to conduct a study and prepare a report on disaster area health 
and environmental protection and monitoring. 
(2) PARTICIPATION OF EXPERTS.—The report under para-
graph (1) shall be prepared with the participation of individuals 
who have expertise in—
(A) environmental health, safety, and medicine; 
(B) occupational health, safety, and medicine; 
(C) clinical medicine, including pediatrics; 
(D) environmental toxicology; 
(E) epidemiology; 
(F) mental health; 
(G) medical monitoring and surveillance; 
(H) environmental monitoring and surveillance; 
(I) environmental and industrial hygiene; 
(J) emergency planning and preparedness; 
(K) public outreach and education; 
(L) State and local health departments; 
(M) State and local environmental protection depart-
ments; 
(N) functions of workers that respond to disasters, 
including first responders; 
(O) public health; and 
(P) family services, such as counseling and other dis-
aster-related services provided to families. 
(3) CONTENTS.—The report under paragraph (1) shall pro-
vide advice and recommendations regarding protecting and 
monitoring the health and safety of individuals potentially 
exposed to any chemical or other substance associated with 
potential acute or chronic human health effects as the result 
of 
a 
disaster, 
including 
advice 
and 
recommendations 
regarding—
(A) the establishment of protocols for monitoring and 
responding to chemical or substance releases in a disaster 
area to protect public health and safety, including—
(i) chemicals or other substances for which samples 
should be collected in the event of a disaster, including 
a terrorist attack; 
(ii) chemical- or substance-specific methods of 
sample collection, including sampling methodologies 
and locations; 
(iii) chemical- or substance-specific methods of 
sample analysis;
H. R. 4954—69
(iv) health-based threshold levels to be used and 
response actions to be taken in the event that thresh-
olds are exceeded for individual chemicals or other 
substances; 
(v) procedures for providing monitoring results to—
(I) appropriate Federal, State, and local 
government agencies; 
(II) appropriate response personnel; and 
(III) the public; 
(vi) responsibilities of Federal, State, and local 
agencies for—
(I) collecting and analyzing samples; 
(II) reporting results; and 
(III) taking appropriate response actions; and 
(vii) capabilities and capacity within the Federal 
Government to conduct appropriate environmental 
monitoring and response in the event of a disaster, 
including a terrorist attack; and 
(B) other issues specified by the Secretary of Health 
and Human Services, the Secretary of Homeland Security, 
and the Administrator of the Environmental Protection 
Agency. 
(4) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated such sums as are necessary to carry 
out this subsection. 
TITLE VIII—UNLAWFUL INTERNET 
GAMBLING ENFORCEMENT 
SEC. 801. SHORT TITLE. 
This title may be cited as the ‘‘Unlawful Internet Gambling 
Enforcement Act of 2006’’. 
SEC. 
802. 
PROHIBITION 
ON 
ACCEPTANCE 
OF 
ANY 
PAYMENT 
INSTRUMENT FOR UNLAWFUL INTERNET GAMBLING. 
(a) IN GENERAL.—Chapter 53 of title 31, United States Code, 
is amended by adding at the end the following: 
‘‘SUBCHAPTER IV—PROHIBITION ON FUNDING OF 
UNLAWFUL INTERNET GAMBLING 
‘‘§ 5361. Congressional findings and purpose 
‘‘(a) FINDINGS.—Congress finds the following: 
‘‘(1) Internet gambling is primarily funded through personal 
use of payment system instruments, credit cards, and wire 
transfers. 
‘‘(2) The National Gambling Impact Study Commission in 
1999 recommended the passage of legislation to prohibit wire 
transfers to Internet gambling sites or the banks which rep-
resent such sites. 
‘‘(3) Internet gambling is a growing cause of debt collection 
problems for insured depository institutions and the consumer 
credit industry. 
‘‘(4) New mechanisms for enforcing gambling laws on the 
Internet are necessary because traditional law enforcement 
mechanisms are often inadequate for enforcing gambling
H. R. 4954—70
prohibitions or regulations on the Internet, especially where 
such gambling crosses State or national borders. 
‘‘(b) RULE OF CONSTRUCTION.—No provision of this subchapter 
shall be construed as altering, limiting, or extending any Federal 
or State law or Tribal-State compact prohibiting, permitting, or 
regulating gambling within the United States. 
‘‘§ 5362. Definitions 
‘‘In this subchapter: 
‘‘(1) BET OR WAGER.—The term ‘bet or wager’—
‘‘(A) means the staking or risking by any person of 
something of value upon the outcome of a contest of others, 
a sporting event, or a game subject to chance, upon an 
agreement or understanding that the person or another 
person will receive something of value in the event of 
a certain outcome; 
‘‘(B) includes the purchase of a chance or opportunity 
to win a lottery or other prize (which opportunity to win 
is predominantly subject to chance); 
‘‘(C) includes any scheme of a type described in section 
3702 of title 28; 
‘‘(D) includes any instructions or information per-
taining to the establishment or movement of funds by 
the bettor or customer in, to, or from an account with 
the business of betting or wagering; and 
‘‘(E) does not include—
‘‘(i) any activity governed by the securities laws 
(as that term is defined in section 3(a)(47) of the Securi-
ties Exchange Act of 1934 for the purchase or sale 
of securities (as that term is defined in section 3(a)(10) 
of that Act); 
‘‘(ii) any transaction conducted on or subject to 
the rules of a registered entity or exempt board of 
trade under the Commodity Exchange Act; 
‘‘(iii) any over-the-counter derivative instrument; 
‘‘(iv) any other transaction that—
‘‘(I) is excluded or exempt from regulation 
under the Commodity Exchange Act; or 
‘‘(II) is exempt from State gaming or bucket 
shop laws under section 12(e) of the Commodity 
Exchange Act or section 28(a) of the Securities 
Exchange Act of 1934; 
‘‘(v) any contract of indemnity or guarantee; 
‘‘(vi) any contract for insurance; 
‘‘(vii) any deposit or other transaction with an 
insured depository institution; 
‘‘(viii) participation in any game or contest in which 
participants do not stake or risk anything of value 
other than—
‘‘(I) personal efforts of the participants in 
playing the game or contest or obtaining access 
to the Internet; or 
‘‘(II) points or credits that the sponsor of the 
game or contest provides to participants free of 
charge and that can be used or redeemed only 
for participation in games or contests offered by 
the sponsor; or
H. R. 4954—71
‘‘(ix) participation in any fantasy or simulation 
sports game or educational game or contest in which 
(if the game or contest involves a team or teams) 
no fantasy or simulation sports team is based on the 
current membership of an actual team that is a 
member of an amateur or professional sports organiza-
tion (as those terms are defined in section 3701 of 
title 28) and that meets the following conditions: 
‘‘(I) All prizes and awards offered to winning 
participants are established and made known to 
the participants in advance of the game or contest 
and their value is not determined by the number 
of participants or the amount of any fees paid 
by those participants. 
‘‘(II) All winning outcomes reflect the relative 
knowledge and skill of the participants and are 
determined predominantly by accumulated statis-
tical results of the performance of individuals (ath-
letes in the case of sports events) in multiple real-
world sporting or other events. 
‘‘(III) No winning outcome is based—
‘‘(aa) on the score, point-spread, or any 
performance or performances of any single 
real-world team or any combination of such 
teams; or 
‘‘(bb) solely on any single performance of 
an individual athlete in any single real-world 
sporting or other event. 
‘‘(2) BUSINESS OF BETTING OR WAGERING.—The term ‘busi-
ness of betting or wagering’ does not include the activities 
of a financial transaction provider, or any interactive computer 
service or telecommunications service. 
‘‘(3) DESIGNATED PAYMENT SYSTEM.—The term ‘designated 
payment system’ means any system utilized by a financial 
transaction provider that the Secretary and the Board of Gov-
ernors of the Federal Reserve System, in consultation with 
the Attorney General, jointly determine, by regulation or order, 
could be utilized in connection with, or to facilitate, any 
restricted transaction. 
‘‘(4) FINANCIAL TRANSACTION PROVIDER.—The term ‘finan-
cial transaction provider’ means a creditor, credit card issuer, 
financial institution, operator of a terminal at which an elec-
tronic fund transfer may be initiated, money transmitting busi-
ness, or international, national, regional, or local payment net-
work utilized to effect a credit transaction, electronic fund 
transfer, stored value product transaction, or money transmit-
ting service, or a participant in such network, or other partici-
pant in a designated payment system. 
‘‘(5) INTERNET.—The term ‘Internet’ means the inter-
national computer network of interoperable packet switched 
data networks. 
‘‘(6) INTERACTIVE
COMPUTER
SERVICE.—The term ‘inter-
active computer service’ has the meaning given the term in 
section 230(f) of the Communications Act of 1934 (47 U.S.C. 
230(f)). 
‘‘(7) RESTRICTED TRANSACTION.—The term ‘restricted trans-
action’ means any transaction or transmittal involving any
H. R. 4954—72
credit, funds, instrument, or proceeds described in any para-
graph of section 5363 which the recipient is prohibited from 
accepting under section 5363. 
‘‘(8) SECRETARY.—The term ‘Secretary’ means the Secretary 
of the Treasury. 
‘‘(9) STATE.—The term ‘State’ means any State of the 
United States, the District of Columbia, or any commonwealth, 
territory, or other possession of the United States. 
‘‘(10) UNLAWFUL INTERNET GAMBLING.—
‘‘(A) IN GENERAL.—The term ‘unlawful Internet gam-
bling’ means to place, receive, or otherwise knowingly 
transmit a bet or wager by any means which involves 
the use, at least in part, of the Internet where such bet 
or wager is unlawful under any applicable Federal or State 
law in the State or Tribal lands in which the bet or wager 
is initiated, received, or otherwise made. 
‘‘(B) INTRASTATE TRANSACTIONS.—The term ‘unlawful 
Internet gambling’ does not include placing, receiving, or 
otherwise transmitting a bet or wager where—
‘‘(i) the bet or wager is initiated and received or 
otherwise made exclusively within a single State; 
‘‘(ii) the bet or wager and the method by which 
the bet or wager is initiated and received or otherwise 
made is expressly authorized by and placed in accord-
ance with the laws of such State, and the State law 
or regulations include—
‘‘(I) age and location verification requirements 
reasonably designed to block access to minors and 
persons located out of such State; and 
‘‘(II) appropriate data security standards to 
prevent unauthorized access by any person whose 
age and current location has not been verified 
in accordance with such State’s law or regulations; 
and 
‘‘(iii) the bet or wager does not violate any provision 
of—
‘‘(I) the Interstate Horseracing Act of 1978 
(15 U.S.C. 3001 et seq.); 
‘‘(II) chapter 178 of title 28 (commonly known 
as the ‘Professional and Amateur Sports Protection 
Act’); 
‘‘(III) the Gambling Devices Transportation 
Act (15 U.S.C. 1171 et seq.); or 
‘‘(IV) the Indian Gaming Regulatory Act (25 
U.S.C. 2701 et seq.). 
‘‘(C) INTRATRIBAL TRANSACTIONS.—The term ‘unlawful 
Internet gambling’ does not include placing, receiving, or 
otherwise transmitting a bet or wager where—
‘‘(i) the bet or wager is initiated and received or 
otherwise made exclusively—
‘‘(I) within the Indian lands of a single Indian 
tribe (as such terms are defined under the Indian 
Gaming Regulatory Act); or 
‘‘(II) between the Indian lands of 2 or more 
Indian tribes to the extent that intertribal gaming 
is authorized by the Indian Gaming Regulatory 
Act;
H. R. 4954—73
‘‘(ii) the bet or wager and the method by which 
the bet or wager is initiated and received or otherwise 
made is expressly authorized by and complies with 
the requirements of—
‘‘(I) the applicable tribal ordinance or resolu-
tion approved by the Chairman of the National 
Indian Gaming Commission; and 
‘‘(II) with respect to class III gaming, the 
applicable Tribal-State Compact; 
‘‘(iii) the applicable tribal ordinance or resolution 
or Tribal-State Compact includes—
‘‘(I) age and location verification requirements 
reasonably designed to block access to minors and 
persons located out of the applicable Tribal lands; 
and 
‘‘(II) appropriate data security standards to 
prevent unauthorized access by any person whose 
age and current location has not been verified 
in accordance with the applicable tribal ordinance 
or resolution or Tribal-State Compact; and 
‘‘(iv) the bet or wager does not violate any provision 
of—
‘‘(I) the Interstate Horseracing Act of 1978 
(15 U.S.C. 3001 et seq.); 
‘‘(II) chapter 178 of title 28 (commonly known 
as the ‘Professional and Amateur Sports Protection 
Act’); 
‘‘(III) the Gambling Devices Transportation 
Act (15 U.S.C. 1171 et seq.); or 
‘‘(IV) the Indian Gaming Regulatory Act (25 
U.S.C. 2701 et seq.). 
‘‘(D) INTERSTATE HORSERACING.—
‘‘(i) IN
GENERAL.—The term ‘unlawful Internet 
gambling’ shall not include any activity that is allowed 
under the Interstate Horseracing Act of 1978 (15 U.S.C. 
3001 et seq.). 
‘‘(ii) RULE OF CONSTRUCTION REGARDING PREEMP-
TION.—Nothing in this subchapter may be construed 
to preempt any State law prohibiting gambling. 
‘‘(iii) SENSE OF CONGRESS.—It is the sense of Con-
gress that this subchapter shall not change which 
activities related to horse racing may or may not be 
allowed under Federal law. This subparagraph is 
intended to address concerns that this subchapter could 
have the effect of changing the existing relationship 
between the Interstate Horseracing Act and other Fed-
eral statutes in effect on the date of the enactment 
of this subchapter. This subchapter is not intended 
to change that relationship. This subchapter is not 
intended to resolve any existing disagreements over 
how to interpret the relationship between the Inter-
state Horseracing Act and other Federal statutes. 
‘‘(E) 
INTERMEDIATE
ROUTING.—The 
intermediate 
routing of electronic data shall not determine the location 
or locations in which a bet or wager is initiated, received, 
or otherwise made. 
‘‘(11) OTHER TERMS.—
H. R. 4954—74
‘‘(A) CREDIT; 
CREDITOR; 
CREDIT
CARD; 
AND
CARD 
ISSUER.—The terms ‘credit’, ‘creditor’, ‘credit card’, and ‘card 
issuer’ have the meanings given the terms in section 103 
of the Truth in Lending Act (15 U.S.C. 1602). 
‘‘(B) ELECTRONIC
FUND
TRANSFER.—The term ‘elec-
tronic fund transfer’—
‘‘(i) has the meaning given the term in section 
903 of the Electronic Fund Transfer Act (15 U.S.C. 
1693a), except that the term includes transfers that 
would otherwise be excluded under section 903(6)(E) 
of that Act; and 
‘‘(ii) includes any fund transfer covered by Article 
4A of the Uniform Commercial Code, as in effect in 
any State. 
‘‘(C) FINANCIAL
INSTITUTION.—The term ‘financial 
institution’ has the meaning given the term in section 
903 of the Electronic Fund Transfer Act, except that such 
term does not include a casino, sports book, or other busi-
ness at or through which bets or wagers may be placed 
or received. 
‘‘(D) INSURED
DEPOSITORY
INSTITUTION.—The term 
‘insured depository institution’—
‘‘(i) has the meaning given the term in section 
3(c) of the Federal Deposit Insurance Act (12 U.S.C. 
1813(c)); and 
‘‘(ii) includes an insured credit union (as defined 
in section 101 of the Federal Credit Union Act). 
‘‘(E) MONEY
TRANSMITTING
BUSINESS
AND
MONEY 
TRANSMITTING
SERVICE.—The terms ‘money transmitting 
business’ and ‘money transmitting service’ have the 
meanings given the terms in section 5330(d) (determined 
without regard to any regulations prescribed by the Sec-
retary thereunder). 
‘‘§ 5363. 
Prohibition 
on 
acceptance 
of 
any 
financial 
instrument for unlawful Internet gambling 
‘‘No person engaged in the business of betting or wagering 
may knowingly accept, in connection with the participation of 
another person in unlawful Internet gambling—
‘‘(1) credit, or the proceeds of credit, extended to or on 
behalf of such other person (including credit extended through 
the use of a credit card); 
‘‘(2) an electronic fund transfer, or funds transmitted by 
or through a money transmitting business, or the proceeds 
of an electronic fund transfer or money transmitting service, 
from or on behalf of such other person; 
‘‘(3) any check, draft, or similar instrument which is drawn 
by or on behalf of such other person and is drawn on or 
payable at or through any financial institution; or 
‘‘(4) the proceeds of any other form of financial transaction, 
as the Secretary and the Board of Governors of the Federal 
Reserve System may jointly prescribe by regulation, which 
involves a financial institution as a payor or financial inter-
mediary on behalf of or for the benefit of such other person.
H. R. 4954—75
‘‘§ 5364. Policies and procedures to identify and prevent 
restricted transactions 
‘‘(a) REGULATIONS.—Before the end of the 270-day period begin-
ning on the date of the enactment of this subchapter, the Secretary 
and the Board of Governors of the Federal Reserve System, in 
consultation with the Attorney General, shall prescribe regulations 
(which the Secretary and the Board jointly determine to be appro-
priate) requiring each designated payment system, and all partici-
pants therein, to identify and block or otherwise prevent or prohibit 
restricted transactions through the establishment of policies and 
procedures reasonably designed to identify and block or otherwise 
prevent or prohibit the acceptance of restricted transactions in 
any of the following ways: 
‘‘(1) The establishment of policies and procedures that—
‘‘(A) allow the payment system and any person involved 
in the payment system to identify restricted transactions 
by means of codes in authorization messages or by other 
means; and 
‘‘(B) block restricted transactions identified as a result 
of the policies and procedures developed pursuant to 
subparagraph (A). 
‘‘(2) The establishment of policies and procedures that pre-
vent or prohibit the acceptance of the products or services 
of the payment system in connection with a restricted trans-
action. 
‘‘(b) REQUIREMENTS FOR POLICIES AND PROCEDURES.—In pre-
scribing regulations under subsection (a), the Secretary and the 
Board of Governors of the Federal Reserve System shall—
‘‘(1) identify types of policies and procedures, including 
nonexclusive examples, which would be deemed, as applicable, 
to be reasonably designed to identify and block or otherwise 
prevent or prohibit the acceptance of the products or services 
with respect to each type of restricted transaction; 
‘‘(2) to the extent practical, permit any participant in a 
payment system to choose among alternative means of identi-
fying and blocking, or otherwise preventing or prohibiting the 
acceptance of the products or services of the payment system 
or participant in connection with, restricted transactions; 
‘‘(3) exempt certain restricted transactions or designated 
payment systems from any requirement imposed under such 
regulations, if the Secretary and the Board jointly find that 
it is not reasonably practical to identify and block, or otherwise 
prevent or prohibit the acceptance of, such transactions; and 
‘‘(4) ensure that transactions in connection with any activity 
excluded from the definition of unlawful internet gambling 
in subparagraph (B), (C), or (D)(i) of section 5362(10) are not 
blocked or otherwise prevented or prohibited by the prescribed 
regulations. 
‘‘(c) COMPLIANCE WITH PAYMENT SYSTEM POLICIES AND PROCE-
DURES.—A financial transaction provider shall be considered to 
be in compliance with the regulations prescribed under subsection 
(a) if—
‘‘(1) such person relies on and complies with the policies 
and procedures of a designated payment system of which it 
is a member or participant to—
‘‘(A) identify and block restricted transactions; or
H. R. 4954—76
‘‘(B) otherwise prevent or prohibit the acceptance of 
the products or services of the payment system, member, 
or participant in connection with restricted transactions; 
and 
‘‘(2) such policies and procedures of the designated payment 
system comply with the requirements of regulations prescribed 
under subsection (a). 
‘‘(d) NO LIABILITY
FOR BLOCKING
OR REFUSING TO HONOR 
RESTRICTED TRANSACTIONS.—A person that identifies and blocks 
a transaction, prevents or prohibits the acceptance of its products 
or services in connection with a transaction, or otherwise refuses 
to honor a transaction—
‘‘(1) that is a restricted transaction; 
‘‘(2) that such person reasonably believes to be a restricted 
transaction; or 
‘‘(3) as a designated payment system or a member of a 
designated payment system in reliance on the policies and 
procedures of the payment system, in an effort to comply with 
regulations prescribed under subsection (a), 
shall not be liable to any party for such action. 
‘‘(e) REGULATORY ENFORCEMENT.—The requirements under this 
section shall be enforced exclusively by—
‘‘(1) the Federal functional regulators, with respect to the 
designated payment systems and financial transaction pro-
viders subject to the respective jurisdiction of such regulators 
under section 505(a) of the Gramm-Leach-Bliley Act and section 
5g of the Commodities Exchange Act; and 
‘‘(2) the Federal Trade Commission, with respect to des-
ignated payment systems and financial transaction providers 
not otherwise subject to the jurisdiction of any Federal func-
tional regulators (including the Commission) as described in 
paragraph (1). 
‘‘§ 5365. Civil remedies 
‘‘(a) JURISDICTION.—In addition to any other remedy under 
current law, the district courts of the United States shall have 
original and exclusive jurisdiction to prevent and restrain restricted 
transactions by issuing appropriate orders in accordance with this 
section, regardless of whether a prosecution has been initiated 
under this subchapter. 
‘‘(b) PROCEEDINGS.—
‘‘(1) INSTITUTION BY FEDERAL GOVERNMENT.—
‘‘(A) IN GENERAL.—The United States, acting through 
the Attorney General, may institute proceedings under this 
section to prevent or restrain a restricted transaction. 
‘‘(B) RELIEF.—Upon application of the United States 
under this paragraph, the district court may enter a tem-
porary restraining order, a preliminary injunction, or an 
injunction against any person to prevent or restrain a 
restricted transaction, in accordance with rule 65 of the 
Federal Rules of Civil Procedure. 
‘‘(2) INSTITUTION BY STATE ATTORNEY GENERAL.—
‘‘(A) IN
GENERAL.—The attorney general (or other 
appropriate State official) of a State in which a restricted 
transaction allegedly has been or will be initiated, received, 
or otherwise made may institute proceedings under this