101 
(D) Recommendations for such measures 
as the Director considers appropriate to deal 
with the threats identified pursuant subpara-
graph (A). 
SEC. 113. CONSTRUCTION AND RELATION TO OTHER LAW. 
(a) NO IMPACT ON EXISTING LAWFUL GAMES.— 
(1) IN GENERAL.—If bets or wagers on certain 
games of skill that are not Internet gambling are 
not regarded as gambling or otherwise prohibited 
under all provisions of Federal, applicable State, or 
tribal law— 
(A) nothing in this title shall be construed 
to require licensing under this title with respect 
to such games; and 
(B) fees paid to participate in such games 
shall not be regarded as bets or wagers for pur-
poses of this title. 
(2) RELIANCE.—Nothing in this title may be 
relied on as support for the legality or permissibility 
of any games without compliance with the licensing 
and other requirements of this title. 
(b) PREEMPTION OF STATE AND TRIBAL LAWS.— 
(1) IN
GENERAL.—Except as otherwise ex-
pressly provided in this title, the provisions of this 
title shall supersede any provisions of the law of any 
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102 
State or Indian tribe expressly relating to the per-
mitting, prohibiting, licensing, or regulating of Inter-
net gambling facilities and the law of any State or 
Indian tribe expressly relating to the authorization, 
prohibiting, licensing, expansion, or regulation of 
gambling, except to the extent such State or tribal 
laws are not inconsistent with this title. 
(2) SAVINGS PROVISION.—Nothing in this title 
may be construed to limit the applicability or en-
forcement of any State or tribal consumer protection 
law of general applicability or preempt the applica-
bility of State or tribal trespass, contract, or tort 
law. 
(c) RELATION TO GAMBLING DEVICES TRANSPOR-
TATION ACT.—Equipment used by a licensee or significant 
vendor in the furtherance of licensed activities pursuant 
to this title (but not to the extent it is used for other pur-
poses) shall not be considered a gambling device within 
the meaning of section 1 of the Act of January 2, 1951, 
prohibiting the transportation of gambling devices in 
interstate and foreign commerce (15 U.S.C. 1171). 
(d) EXEMPTIONS FROM SUBCHAPTER IV OF CHAP-
TER 53 OF TITLE 31, UNITED STATES CODE.—Sub-
chapter IV of chapter 53 of title 31, United States Code, 
is amended by adding at the end the following: 
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‘‘§ 5368. Inapplicability to certain gaming and wagers 
‘‘The provisions of this subchapter— 
‘‘(1) restricting acceptance of bets or wagers 
made by individuals located in the United States or 
requiring the blocking or other prevention of re-
stricted transactions shall not apply with respect to 
the placing, transmitting, or receiving of interstate 
off-track wagers, as such term is defined in section 
3 of the Interstate horseracing Act of 1978 (15 
U.S.C. 3002), that are permissible under such Act 
(15 U.S.C. 3001 et seq.), whether such off-track 
wager is made by telephone, Internet, satellite, or 
other wire or wireless communication facility, serv-
ice, or medium; and 
‘‘(2) shall not apply to any bet or wager— 
‘‘(A) occurring pursuant to a license issued 
under title I of the Internet Gambling Regula-
tion, Enforcement, and Consumer Protection 
Act of 2013, subject to section 109 of that Act; 
‘‘(B) that is permissible under the Inter-
state horseracing Act of 1978 (15 U.S.C. 3001 
et seq.); or 
‘‘(C) is the purchase of a chance or oppor-
tunity to win a lottery or other prize— 
‘‘(i) which opportunity to win is pre-
dominantly subject to chance; and 
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‘‘(ii) which is authorized by a State or 
Indian tribe wholly within its borders.’’. 
(e) INAPPLICABILITY OF CERTAIN PROVISIONS TO 
INTERSTATE OFF-TRACK WAGERS.—The provisions of 
this title requiring a license shall not apply with respect 
to the placing, transmitting, or receiving of interstate off- 
track wagers, as such term is defined in section 3 of the 
Interstate horseracing Act of 1978 (15 U.S.C. 3002), that 
are permissible under such Act (15 U.S.C. 3001 et seq.), 
whether such off-track wager is made by telephone, Inter-
net, satellite, or other wire or wireless communication fa-
cility, service, or medium. 
(f) WIRE ACT AMENDMENTS.— 
(1) DEFINITIONS.—Section 1081 of title 18, 
United States Code, is amended— 
(A) by designating the five undesignated 
paragraphs as paragraphs (1) through (5), re-
spectively; 
(B) in paragraph (2), as so designated by 
subparagraph (A), by striking ‘‘value.’’ and in-
serting ‘‘value, including any Internet gambling 
facility.’’; 
(C) by amending paragraph (5), as so des-
ignated by subparagraph (A), to read as fol-
lows: 
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‘‘(5) The term ‘communication facility’ includes 
any instrumentality, personnel, and services (includ-
ing, the receipt, forwarding, or delivery of commu-
nications) used in the transmission of a writing, 
sign, picture, or sound of any kind by aid of wire, 
cable, radio, or an electromagnetic, photoelectronic, 
or photooptical system, or other like connection 
(whether fixed or mobile) between the points of ori-
gin and reception of such transmission.’’; and 
(D) by adding at the end the following: 
‘‘(6) The term ‘bet or wager’ has the meaning 
given the term in section 102 of the Internet Gam-
bling Regulation, Enforcement, and Consumer Pro-
tection Act of 2013. 
‘‘(7) The term ‘Internet’ means the inter-
national computer network of interoperable packet 
switched data networks. 
‘‘(8) The term ‘Internet gambling facility’ has 
the same meaning given the term in section 102 of 
the Internet Gambling Regulation, Enforcement, 
and Consumer Protection Act of 2013. 
‘‘(9) The terms ‘financial transaction provider’ 
and ‘insured depository institution’ have the mean-
ings given those terms in section 5362 of title 31, 
United States Code. 
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