wise), on one or more competitive games in 
which amateur or professional athletes par-
ticipate, or are intended to participate, or 
on one or more performances of such ath-
letes in such games. 
(iii) Any instructions or information 
pertaining to the establishment or move-
ment of funds by the bettor or customer 
in, to, or from an account with the busi-
ness of betting or wagering. 
(iv) Participation in any fantasy or 
simulation sports or e-sports game or con-
test, including those 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 
sports organization or professional sports 
organization and including those that meet 
any of the following conditions: 
(I) All prizes and awards offered 
to winning participants are estab-
lished and made known to the partici-
pants in advance of the game or con-
test and their value is not determined 
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by the number of participants or the 
amount of any fees paid by those par-
ticipants. 
(II) All winning outcomes reflect 
the relative knowledge and skill of the 
participants and are determined pre-
dominantly by accumulated statistical 
results of the performance of individ-
uals (athletes 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 per-
formance of an individual athlete 
in any single real-world sporting 
or other event. 
(C) EXCLUSIONS.—Such term does not in-
clude the following: 
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(i) Any activity governed by the secu-
rities laws (as defined in section 3(a) of 
the Securities Exchange Act of 1934 (15 
U.S.C. 78c(a))) for the purchase or sale of 
securities (as defined in such section). 
(ii) Any transaction conducted on or 
subject to the rules of a registered entity 
or exempt board of trade under the Com-
modity Exchange Act (7 U.S.C. 1 et seq.). 
(iii) Any over-the-counter derivative 
instrument. 
(iv) Any other transaction that— 
(I) is excluded or exempt from 
regulation under the Commodity Ex-
change Act; or 
(II) is exempt from State gaming 
or bucket shop laws under section 
12(e) of the Commodity Exchange Act 
(7 U.S.C. 16(e)) or section 28(a) of 
the Securities Exchange Act of 1934 
(15 U.S.C. 78bb(a)). 
(v) Any contract of indemnity or 
guarantee. 
(vi) Any contract for insurance. 
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(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 partici-
pants 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 pro-
vides to participants free of charge 
that can be used or redeemed only for 
participation in games or contests of-
fered by the sponsor and that cannot 
be sold or otherwise exchanged for 
cash at the gaming facility or else-
where. 
(3) BUSINESS
OF
BETTING
OR
WAGERING.— 
The term ‘‘business of betting or wagering’’ does not 
include the activities of a person who is— 
(A) a financial transaction provider, to the 
extent such person is acting as such a provider, 
except with respect to an activity described in 
paragraph (10)(C)(ii); or 
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(B) a provider of an interactive computer 
service or telecommunications service, to the ex-
tent such person is acting as such a provider, 
except with respect to an activity described in 
paragraph (10)(C)(ii). 
(4) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(5) CREDIT; CREDITOR; AND CARD ISSUER.— 
The terms ‘‘credit’’, ‘‘creditor’’, and ‘‘card issuer’’ 
have the meanings given the terms in section 103 of 
the Truth in Lending Act (15 U.S.C. 1602). 
(6) ELECTRONIC FUND TRANSFER.—The term 
‘‘electronic fund transfer’’— 
(A) has the meaning given the term in sec-
tion 903 of the Electronic Fund Transfer Act 
(15 U.S.C. 1693a), except that the term in-
cludes transfers that would otherwise be ex-
cluded under section 903(7)(E) of that Act; and 
(B) includes any fund transfer covered by 
Article 4A of the Uniform Commercial Code, as 
in effect in any State. 
(7) E-SPORTS.—The term ‘‘e-sports’’ means a 
multiplayer video game played competitively for 
spectators. 
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(8) FINANCIAL
INSTITUTION.—The term ‘‘fi-
nancial institution’’ has the meaning given the term 
in section 903 of the Electronic Fund Transfer Act 
(15 U.S.C. 1693a), except that such term does not 
include a casino, sports book, or other business at or 
through which a bet or wager may be placed or re-
ceived. 
(9) FINANCIAL TRANSACTION PROVIDER.—The 
term ‘‘financial transaction provider’’ means a cred-
itor, card issuer, financial institution, operator of a 
terminal at which an electronic fund transfer may be 
initiated, money transmitting business, or inter-
national, national, regional, or local payment net-
work utilized to effect a credit transaction, electronic 
fund transfer, stored value product transaction, or 
money transmitting service, or a participant in such 
network, or other participant in a system utilized by 
an entity described in this paragraph that could be 
utilized in connection with, or to facilitate, any 
transaction described in paragraph (10)(A)(iii). 
(10) GAMING ACTIVITY.— 
(A) IN GENERAL.—The term ‘‘gaming ac-
tivity’’ means— 
(i) placing, receiving, or otherwise 
transmitting a bet or wager; 
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(ii) transmitting— 
(I) information assisting in the 
placing of a bet or wager; or 
(II) a wire communication which 
entitles the recipient to receive money 
or credit— 
(aa) as a result of a bet or 
wager; or 
(bb) for information assist-
ing in the placing of a bet or 
wager; 
(iii) the knowing acceptance, by any 
person engaged in the business of betting 
or wagering, in connection with the plac-
ing, receiving, or otherwise transmitting of 
a bet or wager by another person, of credit 
or payment of any type; or 
(iv) sponsoring, operating, advertising, 
or promoting (or, in the case of a govern-
mental entity, sponsoring, operating, ad-
vertising, promoting, licensing, or author-
izing by law or compact) a lottery, sweep-
stakes, or other betting, gambling, or wa-
gering scheme based, directly or indirectly 
(through the use of geographical references 
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or otherwise), on one or more competitive 
games in which amateur or professional 
athletes participate, or are intended to par-
ticipate, or on one or more performances of 
such athletes in such games. 
(B) EXCLUSIONS.—Such term does not in-
clude any activity or transaction described in 
paragraph (2)(C) or, in the case of a contract 
or other instrument described in such para-
graph, any activity or transaction relating to 
such contract or other instrument. 
(C) FINANCIAL TRANSACTION PROVIDERS 
AND
PROVIDERS
OF
INTERACTIVE
COMPUTER 
SERVICE OR TELECOMMUNICATIONS SERVICE.— 
(i) GENERALLY
EXCLUDED.—Except 
as provided in clause (ii), such term does 
not include any activity of a person who 
is— 
(I) a financial transaction pro-
vider, to the extent such person is act-
ing as such a provider; or 
(II) a provider of an interactive 
computer service or telecommuni-
cations service, to the extent such per-
son is acting as such a provider. 
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(ii) OPERATION OF GAMING WEBSITES 
OR
OTHER
FACILITIES.—Notwithstanding 
clause (i), such term includes an activity of 
a financial transaction provider or provider 
of an interactive computer service or tele-
communications service to the extent that 
such provider has actual knowledge and 
control of bets or wagers and— 
(I) operates, manages, supervises, 
or directs a website or other facility 
through which a bet or wager is initi-
ated, received, or otherwise made, 
whether transmitted by telephone, 
internet, satellite, or other wire or 
wireless communication facility, serv-
ice, or medium and whether or not the 
transmissions cross State boundaries; 
or 
(II) owns or controls, or is owned 
or controlled by, any person who oper-
ates, manages, supervises, or directs a 
website or other facility through which 
a bet or wager is initiated, received, 
or otherwise made, whether trans-
mitted by telephone, internet, satellite, 
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or other wire or wireless communica-
tion facility, service, or medium and 
whether or not the transmissions 
cross State boundaries. 
(11) GAMING FACILITY.— 
(A) IN GENERAL.—The term ‘‘gaming fa-
cility’’ means— 
(i) a facility that permits bets or wa-
gers to be placed in a casino, on a river-
boat, at a race track, or in another facility 
that hosts gaming activity in one physical 
location; or 
(ii) a website or other facility through 
which a bet or wager is initiated, received, 
or otherwise made, whether transmitted by 
telephone, internet, satellite, or other wire 
or wireless communication facility, service, 
or medium and whether or not the trans-
missions cross State boundaries. 
(B) EXCLUSIONS.—Such term does not in-
clude any facility to the extent such facility is 
engaged in an activity or transaction that is ex-
cluded from the definition of ‘‘gaming activity’’ 
by subparagraph (B) or (C) of paragraph (10). 
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(12) GOVERNMENTAL ENTITY.—The term ‘‘gov-
ernmental entity’’ means a State, a political subdivi-
sion of a State, or an entity or organization, includ-
ing an entity or organization described in section 
4(5) of the Indian Gaming Regulatory Act (25 
U.S.C. 2703(5)), that has governmental authority 
within the territorial boundaries of the United 
States, including on lands described in section 4(4) 
of such Act (25 U.S.C. 2703(4)). 
(13) INSURED DEPOSITORY INSTITUTION.—The 
term ‘‘insured depository institution’’— 
(A) has the meaning given the term in sec-
tion 3(c) of the Federal Deposit Insurance Act 
(12 U.S.C. 1813(c)); and 
(B) includes an insured credit union (as 
defined in section 101 of the Federal Credit 
Union Act (12 U.S.C. 1752)). 
(14) INTERACTIVE
COMPUTER
SERVICE.—The 
term ‘‘interactive computer service’’ has the meaning 
given such term in section 230(f) of the Communica-
tions Act of 1934 (47 U.S.C. 230(f)). 
(15) MONEY
TRANSMITTING
BUSINESS
AND 
MONEY
TRANSMITTING
SERVICE.—The 
terms 
‘‘money transmitting business’’ and ‘‘money trans-
mitting service’’ have the meanings given the terms 
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in section 5330(d) of title 31, United States Code 
(determined without regard to any regulations pre-
scribed by the Secretary of the Treasury there-
under). 
(16) PROFESSIONAL SPORTS ORGANIZATION.— 
The 
term 
‘‘professional 
sports 
organization’’ 
means— 
(A) a person or governmental entity that 
sponsors, organizes, schedules, or conducts a 
competitive game in which one or more profes-
sional athletes participate; or 
(B) a league or association of persons or 
governmental entities described in subpara-
graph (A). 
(17) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Health and Human Services. 
(18) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, each 
commonwealth, territory, or possession of the United 
States, and each federally recognized Indian Tribe. 
(19) 
TELECOMMUNICATIONS
SERVICE.—The 
term ‘‘telecommunications service’’ has the meaning 
given such term in section 3 of the Communications 
Act of 1934 (47 U.S.C. 153). 
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SEC. 7. EFFECT ON OTHER LAW. 
(a) NO EFFECT ON STATE LAW OR TRIBAL-STATE 
COMPACTS RELATING TO GAMBLING.—Nothing in this 
Act shall be construed as altering, limiting, or extending 
any State law or Tribal-State compact prohibiting, permit-
ting, or regulating gambling within the United States. 
(b) NO EFFECT ON INDIAN GAMING REGULATORY 
ACT.—Nothing in this Act shall be construed to have any 
effect on a gaming activity within the scope of the Indian 
Gaming Regulatory Act (25 U.S.C. 2701 et seq.), any suc-
cessor provision of such Act, or any Tribal-State compact 
or authority pursuant to such Act or successor provision. 
(c) NO EFFECT ON ILLEGAL GAMBLING BUSINESS 
ACT.—Nothing in this Act shall be construed to supersede 
or otherwise limit section 1955 of title 18, United States 
Code (commonly referred to as the Illegal Gambling Busi-
ness Act). 
(d) NO EFFECT ON INTERSTATE HORSE RACING 
ACT.—Nothing in this Act shall be construed to supersede 
or otherwise limit the Interstate Horse Racing Act of 1978 
(15 U.S.C. 3001 et seq.). 
SEC. 8. REPEAL. 
(a) IN GENERAL.—Chapter 178 of title 28, United 
States Code (commonly referred to as the Professional and 
Amateur Sports Protection Act) is repealed. 
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(b) CLERICAL AMENDMENT.—The table of chapters 
for part VI of title 28, United States Code, is amended 
by striking the item relating to chapter 178. 
Æ 
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