‘‘(4) INDIAN LANDS AND INDIAN TRIBE.—The 
terms ‘Indian lands’ and ‘Indian tribe’ have the 
same meanings as in section 4 of the Indian Gaming 
Regulatory Act. 
‘‘(5) INTERNET.—The term ‘Internet’ has the 
same meaning as in section 5362(5). 
‘‘(6) LICENSEE.—The term ‘licensee’ means an 
entity authorized to operate an Internet gambling 
facility in accordance with this subchapter. 
‘‘(7) OPERATE AN INTERNET GAMBLING FACIL-
ITY.—The term ‘operate an Internet gambling facil-
ity’ or ‘operation of an Internet gambling facility’ 
means the direction, management, supervision, or 
control of an Internet site through which bets or wa-
gers are initiated, received, or otherwise made, 
whether by telephone, Internet, satellite, or other 
wire or wireless communication. 
‘‘(8) SECRETARY.—The term ‘Secretary’ means 
the Secretary of the Treasury, or any person des-
ignated by the Secretary. 
‘‘(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. 
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‘‘(10) SPORTING EVENT.—The term ‘sporting 
event’ means any athletic competition, whether pro-
fessional, scholastic, or amateur. 
‘‘§ 5383. Establishment and administration of licens-
ing program 
‘‘(a) TREASURY RESPONSIBILITIES.—The Secretary 
shall have responsibility for the following activities: 
‘‘(1) Exercising full regulatory jurisdiction 
over— 
‘‘(A) the operation of Internet gambling fa-
cilities by licensees; and 
‘‘(B) the licensure of all applicants. 
‘‘(2) Prescribing such regulations as may be 
necessary to administer and enforce the require-
ments of this subchapter. 
‘‘(3) Employing enforcement agents with suffi-
cient training and experience to administer the re-
quirements of this subchapter and the regulations 
prescribed under this subchapter. 
‘‘(4) Enforcing the requirements of this sub-
chapter through all appropriate means provided 
under this subchapter and other provisions of law. 
‘‘(b) INTERNET GAMBLING LICENSING PROGRAM.— 
‘‘(1) LICENSING
REQUIRED
FOR
CERTAIN 
INTERNET GAMBLING.—No person may operate an 
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Internet gambling facility that knowingly accepts 
bets or wagers from persons located in the United 
States without a license issued by the Secretary in 
accordance with this subchapter. 
‘‘(2) AUTHORITY UNDER VALID LICENSE.—A li-
censee may accept bets or wagers from persons lo-
cated in the United States, subject to the limitations 
set forth in this subchapter, so long as its license re-
mains in good standing. 
‘‘(c) APPLICATION FOR LICENSE.— 
‘‘(1) IN GENERAL.—Any person seeking author-
ity to operate an Internet gambling facility offering 
services to persons in the United States may apply 
for a license issued by the Secretary. 
‘‘(2) INFORMATION
REQUIRED.—Any applica-
tion for a license under this subchapter shall contain 
such information as may be required by the Sec-
retary, including the following: 
‘‘(A) The criminal and credit history of the 
applicant, any senior executive and director of 
the applicant, and any person deemed to be in 
control of the applicant. 
‘‘(B) The financial statements of the appli-
cant. 
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‘‘(C) Documentation showing the corporate 
structure of the applicant and all related busi-
nesses and affiliates. 
‘‘(D) Documentation containing detailed 
evidence of the applicant’s plan for complying 
with all applicable regulations should a license 
be issued, with particular emphasis on the ap-
plicant’s ability to— 
‘‘(i) protect underage and problem 
gamblers; 
‘‘(ii) ensure games are being operated 
fairly; and 
‘‘(iii) comply with and address the 
concerns of law enforcement. 
‘‘(E) Certification that the applicant 
agrees to submit to United States jurisdiction 
and all applicable United States laws relating to 
acceptance by the applicant of bets or wagers 
over the Internet from persons located in the 
United States and all associated activities. 
‘‘(d) STANDARDS
FOR LICENSE ISSUANCE; SUIT-
ABILITY
QUALIFICATIONS
AND
DISQUALIFICATION 
STANDARDS.— 
‘‘(1) SUITABILITY
FOR
LICENSING
STAND-
ARDS.— 
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‘‘(A) IN GENERAL.—No person shall be eli-
gible to obtain a license unless the Secretary 
has determined, upon completion of a back-
ground check and investigation, that the appli-
cant, and any person deemed to be in control 
of the applicant, is suitable for licensing. 
‘‘(B) ASSOCIATES OF APPLICANTS.—If the 
applicant is a corporation, partnership, or other 
business entity, a background check and inves-
tigation shall occur with respect to the presi-
dent or other chief executive of the corporation, 
partnership, or other business entity and other 
partners or senior executives and directors of 
the corporation, partnership, or entity, as deter-
mined appropriate by the Secretary, in the Sec-
retary’s sole discretion. 
‘‘(C) BACKGROUND
CHECK
AND
INVES-
TIGATION.—The 
Secretary 
shall 
establish 
standards and procedures for conducting back-
ground checks and investigations for purposes 
of this subsection. 
‘‘(2) SUITABILITY FOR LICENSING STANDARDS 
DESCRIBED.—For purposes of this subchapter, an 
applicant and any other person associated with the 
applicant, as applicable, is suitable for licensing if 
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the applicant demonstrates to the Secretary by clear 
and convincing evidence that the applicant (or indi-
vidual associated with the applicant, as applicable)— 
‘‘(A) is a person of good character, hon-
esty, and integrity; 
‘‘(B) is a person whose prior activities, 
reputation, habits, and associations do not— 
‘‘(i) pose a threat to the public inter-
est or to the effective regulation and con-
trol of the licensed activities; or 
‘‘(ii) create or enhance the dangers of 
unsuitable, unfair, or illegal practices, 
methods, and activities in the conduct of 
the licensed activities or the carrying on of 
the business and financial arrangements 
incidental to such activities; 
‘‘(C) is capable of and likely to conduct the 
activities for which the applicant is licensed in 
accordance with the provisions of this sub-
chapter and any regulations prescribed under 
this subchapter; 
‘‘(D) has or guarantees acquisition of ade-
quate business competence and experience in 
the operation of Internet gambling facilities; 
and 
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‘‘(E) has or will obtain sufficient financing 
for the nature of the proposed operation and 
from a suitable source. 
‘‘(3) UNSUITABLE FOR LICENSING.—An appli-
cant or any other person may not be determined to 
be suitable for licensing within the meaning of this 
subchapter if the applicant or such person— 
‘‘(A) has failed to provide information and 
documentation material to a determination of 
suitability for licensing under paragraph (1); 
‘‘(B) has supplied information which is un-
true or misleading as to a material fact per-
taining to any such determination; 
‘‘(C) has been convicted of an offense pun-
ishable by imprisonment of more than 1 year; 
or 
‘‘(D) is delinquent in filing any applicable 
Federal or State tax returns or in the payment 
of any taxes, penalties, additions to tax, or in-
terest owed to a State or the United States. 
‘‘(4) 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 throughout the term of the li-
cense. 
‘‘(5) PROTECTION
OF
THE
PUBLIC
TRUST.— 
The Secretary may take such action as is necessary 
to protect the public trust, including the implemen-
tation of such safeguards as may be necessary to en-
sure the operation of an Internet gambling facility 
licensed under this subchapter is controlled only by 
persons who are suitable for licensing. 
‘‘(6) ENFORCEMENT ACTIONS.— 
‘‘(A) DETERMINATION OF UNSUITABILITY 
FOR CONTINUED LICENSURE.—If the Secretary 
finds that an individual owner or holder of a se-
curity of a licensee, or of a holding or inter-
mediary company of a licensee or any person 
with an economic interest in a licensee or a di-
rector, partner, or officer of a licensee is not 
suitable for licensing, the Secretary may deter-
mine that the licensee is not qualified to con-
tinue as a licensee. 
‘‘(B) ACTION TO PROTECT THE PUBLIC IN-
TEREST, INCLUDING SUSPENSION.—If the Sec-
retary may determine that the licensee is not 
qualified to continue as a licensee, the Secretary 
shall propose action necessary to protect the 
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public interest, including, if deemed necessary, 
the suspension of the licensee. 
‘‘(C) IMPOSITION OF CONDITIONS INCLUD-
ING REMOVAL OF PARTIES.—Notwithstanding a 
determination under subparagraph (A), the 
Secretary may allow a licensee to continue en-
gaging in licensed activities by imposing condi-
tions on the licensee under penalty of revocation 
or suspension of a license, including— 
‘‘(i) the identification of any person 
determined to be unsuitable for licensing; 
and 
‘‘(ii) the establishment of appropriate 
safeguards to ensure such person is ex-
cluded from any interest in the licensed ac-
tivities. 
‘‘(e) ASSESSMENTS
FOR
ADMINISTRATIVE
EX-
PENSES.— 
‘‘(1) USER FEES.— 
‘‘(A) IN
GENERAL.—The cost of admin-
istering this subchapter with respect to each li-
censee, including the cost of any review or ex-
amination of a licensee to ensure compliance 
with the terms of the license and this sub-
chapter, shall be assessed by the Secretary 
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against the licensee institution by written notice 
in an amount appropriate to meet the Sec-
retary’s expenses in carrying out such adminis-
tration, review, or examination. 
‘‘(B) DISPOSITION.—Amounts assessed by 
the Secretary as user fees under subparagraph 
(A) shall— 
‘‘(i) be maintained by the Secretary 
solely for use in accordance with clause 
(ii); 
‘‘(ii) be available to the Secretary to 
cover all expenses incurred by the Sec-
retary in carrying out this subchapter; and 
‘‘(iii) not be construed to be Govern-
ment funds or appropriated monies, or 
subject to apportionment for the purposes 
of chapter 15 or any other authority. 
‘‘(C) 
HEARING.—Any 
licensee 
against 
whom an assessment is assessed under this 
paragraph shall be afforded an agency hearing 
if such person submits a request for such hear-
ing within 20 days after the issuance of the no-
tice of assessment. 
‘‘(D) COLLECTION.— 
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‘‘(i) REFERRAL.—If any licensee fails 
to pay an assessment under this paragraph 
after the assessment has become final, the 
Secretary shall recover the amount as-
sessed by action in the appropriate United 
States district court. 
‘‘(ii) APPROPRIATENESS
OF
ASSESS-
MENT NOT REVIEWABLE.—In any civil ac-
tion under clause (i), the validity and ap-
propriateness of the assessment shall not 
be subject to review. 
‘‘(2) DIRECT AND EXCLUSIVE OBLIGATION OF 
LICENSEE.—The user fee shall be the direct and ex-
clusive obligation of the licensee and may not be de-
ducted from amounts available as deposits to any 
person placing a bet. 
‘‘(f) APPROVAL OF LICENSE.—The Secretary shall 
grant licenses under this subchapter if the applicant meets 
the criteria set by the Secretary set forth in this sub-
chapter and in any regulations promulgated thereunder. 
‘‘(g) SAFEGUARDS REQUIRED
OF LICENSEE.—No 
person shall receive or retain a license under this section 
unless the person maintains or requires mechanisms so 
that the following requirements, and the standards estab-
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lished under section 5384, are met with respect to any 
Internet bet or wager: 
‘‘(1) LEGAL AGE.—Appropriate safeguards to 
ensure that the individual placing a bet or wager is 
of legal age as defined by the law of the State or 
tribal area in which the individual is located at the 
time the bet or wager is placed. 
‘‘(2) 
PERMISSIBLE
LOCATION.—Appropriate 
safeguards to ensure that the individual placing a 
bet or wager is physically located in a jurisdiction 
that permits Internet gambling at the time the bet 
or wager is placed. 
‘‘(3) COLLECTION OF CUSTOMER TAXES.—Ap-
propriate mechanisms to ensure that all taxes relat-
ing to Internet gambling from persons engaged in 
Internet gambling are collected at the time of any 
payment of any proceeds of Internet gambling. 
‘‘(4) COLLECTION OF TAXES OF LICENSEE.— 
Appropriate mechanisms to ensure that all taxes re-
lating to Internet gambling from any licensee are 
collected and disbursed as required by law, and that 
adequate records to enable later audit or verification 
are maintained. 
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‘‘(5) 
SAFEGUARDS
AGAINST
FINANCIAL 
CRIME.—Appropriate safeguards to combat fraud, 
money laundering, and terrorist finance. 
‘‘(6) SAFEGUARDS AGAINST COMPULSIVE GAM-
BLING.—Appropriate safeguards to combat compul-
sive Internet gambling. 
‘‘(7) PRIVACY SAFEGUARDS.—Appropriate safe-
guards to protect the privacy and security of any 
person engaged in Internet gambling. 
‘‘(8) PAYMENT OF ASSESSMENTS.—Appropriate 
mechanisms to ensure that any assessment under 
subsection (e) is paid to the Secretary. 
‘‘(9) OTHER REQUIREMENTS.—Such other re-
quirements as the Secretary may establish by regula-
tion or order. 
‘‘(h) TERM AND RENEWAL OF LICENSE.— 
‘‘(1) TERM.—Any license issued under this sec-
tion shall be issued for a 5-year term beginning on 
the date of issuance. 
‘‘(2) RENEWAL.—Licenses may be renewed in 
accordance with the requirements prescribed by the 
Secretary pursuant to this subchapter. 
‘‘(i) REVOCATION OF LICENSE.— 
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‘‘(1) IN GENERAL.—Any license granted under 
this subchapter may be revoked by the Secretary 
if— 
‘‘(A) the licensee fails to comply with any 
provision of this subchapter; or 
‘‘(B) the licensee is determined to be un-
suitable for licensing, within the meaning of 
this subchapter. 
‘‘(2) FINAL ACTION.—Any revocation of a li-
cense under paragraph (1) shall be treated as a final 
action by the Secretary. 
‘‘(j) REGULATIONS.—The regulations prescribed by 
the Secretary under this subchapter shall include regula-
tions to fully implement— 
‘‘(1) safeguards required for licensees under 
subsection (g); and 
‘‘(2) the requirements for programs relating to 
the Problem Gambling, Responsible Gambling, and 
Self-Exclusion Program under section 5384. 
‘‘(k) ADMINISTRATIVE PROVISIONS.— 
‘‘(1) GENERAL POWERS OF SECRETARY.—The 
Secretary shall have the authority to engage in the 
following: 
‘‘(A) Investigate the suitability of each ap-
plicant to ensure compliance with this sub-
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chapter and regulations prescribed under this 
subchapter. 
‘‘(B) Require licensees to maintain appro-
priate procedures to ensure compliance with 
this subchapter and regulations prescribed 
under this subchapter. 
‘‘(C) Examine any licensee and any books, 
papers, records, or other data of licensees rel-
evant to any recordkeeping or reporting require-
ments imposed by the Secretary under this sub-
chapter. 
‘‘(D) When determined by the Secretary to 
be necessary, summon a licensee or an appli-
cant for a license, an officer or employee of a 
licensee or any such applicant (including a 
former officer or employee), or any person hav-
ing possession, custody, or care of the reports 
and records required by the Secretary under 
this subchapter, to appear before the Secretary 
or a designee of the Secretary at a time and 
place named in the summons and to produce 
such books, papers, records, or other data, and 
to give testimony, under oath, as may be rel-
evant or material to any investigation in con-
nection with the enforcement of this subchapter 
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or any application for a license under this sub-
chapter. 
‘‘(E) Investigate any violation of this sub-
chapter and any regulation under this sub-
chapter and any other violation of law relating 
to the operation of an Internet gambling facil-
ity. 
‘‘(F) Conduct continuing reviews of appli-
cants and licensees and the operation of Inter-
net gambling facilities by use of technological 
means, onsite observation of facilities, including 
servers, or other reasonable means to assure 
compliance with this subchapter and any regu-
lations promulgated hereunder. 
‘‘(2) 
ADMINISTRATIVE
ASPECTS
OF
SUM-
MONS.— 
‘‘(A) 
PRODUCTION
AT
DESIGNATED 
SITE.—A summons issued pursuant to this sub-
section may require that books, papers, records, 
or other data stored or maintained at any place 
be produced at any business location of a li-
censee or applicant for a license or any des-
ignated location in any State or in any territory 
or other place subject to the jurisdiction of the 
United States not more than 500 miles distant 
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from any place where the licensee or applicant 
for a license operates or conducts business in 
the United States. 
‘‘(B) NO LIABILITY FOR EXPENSES.—The 
United States shall not be liable for any ex-
pense incurred in connection with the produc-
tion of books, papers, records, or other data 
under this subsection. 
‘‘(C) 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 the Secretary 
may prescribe by regulation. 
‘‘(3) CONTUMACY OR REFUSAL.— 
‘‘(A) REFERRAL
TO
ATTORNEY
GEN-
ERAL.—In case of contumacy by a person 
issued a summons under this subsection or a 
refusal by such person to obey such summons 
or to allow the Secretary to conduct an exam-
ination, the Secretary shall refer the matter to 
the Secretary of the Treasury for referral to the 
Attorney General. 
‘‘(B) JURISDICTION OF COURT.—The At-
torney General may invoke the aid of any court 
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of the United States to compel compliance with 
the summons within the jurisdiction 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 in-
habitant; or 
‘‘(iii) the person summoned carries on 
business or may be found. 
‘‘(C) COURT ORDER.—The court may issue 
an order requiring the person summoned to ap-
pear before the Secretary or a delegate of the 
Secretary to produce books, papers, records, 
and other data, to give testimony as may be 
necessary to explain how such material was 
compiled and maintained, to allow the Secretary 
to examine the business of a licensee, and to 
pay the costs of the proceeding. 
‘‘(D) FAILURE TO COMPLY WITH ORDER.— 
Any failure to obey the order of the court may 
be punished by the court as a contempt thereof. 
‘‘(E) SERVICE OF PROCESS.—All process 
in any case under this subsection may be served 
in any judicial district in which such person 
may be found. 
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‘‘(l) CIVIL MONEY PENALTIES.— 
‘‘(1) IN GENERAL.—The Secretary may assess 
upon any licensee or other person subject to the re-
quirements of this subchapter for any willful viola-
tion of this subchapter or any regulation prescribed 
or order issued under this subchapter, a civil penalty 
of not more than the greater of— 
‘‘(A) the amount (not to exceed $100,000) 
involved in the violation, if any; or 
‘‘(B) $25,000. 
‘‘(2) ASSESSMENT.— 
‘‘(A) WRITTEN NOTICE.—Any penalty im-
posed under paragraph (1) may be assessed and 
collected by the Secretary by written notice. 
‘‘(B) FINALITY OF ASSESSMENT.—If, with 
respect to any assessment under paragraph (1), 
a hearing is not requested pursuant to subpara-
graph (E) within the period of time allowed 
under such subparagraph, the assessment shall 
constitute a final and unappealable order. 
‘‘(C) AUTHORITY
TO
MODIFY
OR
REMIT 
PENALTY.—The Secretary may compromise, 
modify, or remit any penalty which the Sec-
retary may assess or has already assessed 
under paragraph (1). 
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‘‘(D) MITIGATING
FACTORS.—In deter-
mining the amount of any penalty imposed 
under paragraph (1), the Secretary shall take 
into account the appropriateness of the penalty 
with respect to— 
‘‘(i) the size of the financial resources 
and the good faith of the person against 
whom the penalty is assessed; 
‘‘(ii) the gravity of the violation; 
‘‘(iii) the history of previous viola-
tions; and 
‘‘(iv) such other matters as justice 
may require. 
‘‘(E) 
HEARING.—The 
person 
against 
whom any penalty is assessed under paragraph 
(1) shall be afforded an agency hearing if such 
person submits a request for such hearing with-
in 20 days after the issuance of the notice of 
assessment. 
‘‘(F) COLLECTION.— 
‘‘(i) REFERRAL.—If any person fails 
to pay an assessment after any penalty as-
sessed under this paragraph has become 
final, the Secretary shall recover the 
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amount assessed by action in the appro-
priate United States district court. 
‘‘(ii) APPROPRIATENESS OF PENALTY 
NOT
REVIEWABLE.—In any civil action 
under clause (i), the validity and appro-
priateness of the penalty shall not be sub-
ject to review. 
‘‘(G) DISBURSEMENT.—All penalties col-
lected under authority of this subsection shall 
be deposited into the Treasury. 
‘‘(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. 
‘‘(m) TREATMENT OF RECORDS.—In light of busi-
ness competition, confidentiality, and privacy concerns, 
the Secretary shall protect from disclosure information 
submitted in support of a license application under this 
subchapter and information collected in the course of reg-
ulating licensees to the full extent permitted by sections 
552 and 552a of title 5, United States Code. 
‘‘(n) SUITABILITY FOR LICENSING REQUIREMENTS 
FOR CERTAIN SERVICE PROVIDERS.— 
‘‘(1) IN GENERAL.—Any person that knowingly 
manages, administers, or controls bets or wagers 
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that are initiated, received, or otherwise made within 
the United States or that otherwise manages or ad-
ministers the games with which such bets or wagers 
are associated must meet all of the suitability for li-
censing criteria established under this section in the 
same manner and to the same extent as if that per-
son were itself a licensee. 
‘‘(2) SUBJECT TO SAME ENFORCEMENT JURIS-
DICTION.—Any failure on the part of such person to 
remain suitable for licensing shall be grounds for 
revocation of the license of the licensee for whom 
such service is provided, in the same manner and in 
accordance with subsection (i). 
‘‘(o) RELIANCE ON STATE AND TRIBAL REGULATORY 
BODY CERTIFICATIONS
OF SUITABILITY
FOR APPLI-
CANTS.— 
‘‘(1) QUALIFICATION
OF
STATE
AND
TRIBAL 
REGULATORY BODIES.— 
‘‘(A) 
APPLICATION
FOR
DETERMINA-
TION.—Any State or tribal regulatory body with 
expertise in regulating gambling may— 
‘‘(i) notify the Secretary of its willing-
ness to review prospective applicants to 
certify whether any such applicant meets 
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the qualifications established under this 
subchapter; and 
‘‘(ii) provide the Secretary with such 
documentation as the Secretary determines 
necessary for the Secretary to determine 
whether such State or tribal regulatory 
body is qualified to conduct such review 
and may be relied upon by the Secretary to 
make any such certification. 
‘‘(B) DETERMINATION
AND
NOTICE.— 
Within 60 days after receiving any notice under 
subparagraph(A)(i), the Secretary shall— 
‘‘(i) make the determination as to 
whether a State or tribal regulatory body 
is qualified to conduct a review of prospec-
tive applicants and may be relied upon to 
certify whether any such applicant meets 
the qualifications established under this 
subchapter; and 
‘‘(ii) notify the State or tribal regu-
latory body of such determination. 
‘‘(2) ACTIONS BY QUALIFIED AUTHORITIES.— 
During the period that any determination of quali-
fication under paragraph (1)(B) is in effect with re-
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spect to any such State or tribal regulatory body, 
the State or tribal regulatory body— 
‘‘(A) may undertake reviews of any appli-
cant to determine whether the applicant or any 
person associated with the applicant meets the 
criteria for suitability for licensing established 
under this subchapter; 
‘‘(B) may impose on each such applicant 
an administrative fee or assessment for con-
ducting such review in an amount the regu-
latory body determines to be necessary to meet 
its expenses in the conduct of such review; and 
‘‘(C) shall process and assess each appli-
cant fairly and equally based on objective cri-
teria, regardless of any prior licensing of an ap-
plicant by the State or tribal regulatory body. 
‘‘(3) RELIANCE ON STATE OR TRIBAL CERTIFI-
CATION.—Any applicant may provide a certification 
of suitability for licensing made by any State or trib-
al regulatory body under paragraph (2), together 
with all documentation the applicant has submitted 
to any such State or tribal regulatory body, to the 
Secretary, and any such certification and docu-
mentation shall be relied on by the Secretary as evi-
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‘‘§ 5384. Problem Gambling, Responsible Gambling, 
and Self-Exclusion Program 
‘‘(a) REGULATIONS REQUIRED.—The Secretary and 
any State or tribal regulatory body that has been qualified 
under subsection 5383(o) shall prescribe regulations for 
the development of a Problem Gambling, Responsible 
Gambling, and Self-Exclusion Program on the basis of 
standards that each licensee shall implement as a condi-
tion of licensure. 
‘‘(b) MINIMUM REQUIREMENTS.—Any application for 
a license shall include a submission to the Secretary or 
qualified State or tribal regulatory body setting forth a 
comprehensive program that is intended— 
‘‘(1) to verify the identity and age of each cus-
tomer; 
‘‘(2) to ensure that no customers under the 
legal age as defined by State or tribal law, as appli-
cable, may initiate or otherwise make any bets or 
wagers; 
‘‘(3) to verify the State or tribal land in which 
the customer is located at the time the customer at-
tempts to initiate a bet or wager; 
‘‘(4) to ensure that no customer who is located 
in a State or tribal land that opts out pursuant to 
section 5386 can initiate or otherwise make a bet or 
wager prohibited by such opt-out; 
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‘‘(5) to ensure that responsible gambling mate-
rials are made available to customers upon request; 
‘‘(6) to make available individualized respon-
sible gambling options that any customer may 
choose, including any stake limit, loss limit, deposit 
limit, and session time limit option, and any other 
similar option, that the Secretary or qualified State 
or tribal regulatory body may deem appropriate and 
require to be made available; 
‘‘(7) to protect the privacy and security of any 
customer in connection with any lawful Internet 
gambling activity; and 
‘‘(8) to protect against fraud and money laun-
dering relating to Internet gambling activity. 
‘‘(c) LIST OF PERSONS SELF-EXCLUDED FROM GAM-
BLING ACTIVITIES.— 
‘‘(1) ESTABLISHMENT.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
provide by regulation for the establishment of a 
list of persons self-excluded from gambling ac-
tivities at all licensee sites. 
‘‘(B) PLACEMENT REQUEST.—Any person 
may request placement on the list of self-ex-
cluded persons by— 
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‘‘(i) acknowledging in a manner to be 
established by the Secretary that the per-
son wishes to be denied gambling privi-
leges; and 
‘‘(ii) agreeing that, during any period 
of voluntary exclusion, the person may not 
collect any winnings or recover any losses 
resulting from any gambling activity at 
any licensee sites. 
‘‘(2) 
PLACEMENT
AND
REMOVAL
PROCE-
DURES.—The regulations prescribed by the Sec-
retary under paragraph (1)(A) shall establish proce-
dures for placements on, and removals from, the list 
of self-excluded persons. 
‘‘(3) LIMITATION ON LIABILITY.— 
‘‘(A) IN
GENERAL.—The United States, 
the Secretary, an enforcement agent, or a li-
censee, or any employee or agent of the United 
States, the Secretary, an enforcement agent, or 
a licensee, shall not be liable to any self-ex-
cluded person or to any other party in any judi-
cial or administrative proceeding for any harm, 
monetary or otherwise, which may arise as a re-
sult of— 
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‘‘(i) any failure to withhold gambling 
privileges from, or to restore gambling 
privileges to, a self-excluded person; or 
‘‘(ii) otherwise permitting a self-ex-
cluded person to engage in gambling activ-
ity while on the list of self-excluded per-
sons. 
‘‘(B) RULE OF CONSTRUCTION.—No provi-
sion of subparagraph (A) shall be construed as 
preventing the Director from assessing any reg-
ulatory sanction against a licensee for failing to 
comply with the minimum standards prescribed 
pursuant to this subsection. 
‘‘(4) DISCLOSURE PROVISIONS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of Federal or State law, the list 
of self-excluded persons shall not be open to 
public inspection. 
‘‘(B) AFFILIATE
DISCLOSURE.—Any li-
censees may disclose the identities of persons on 
the self-excluded list to any affiliated company 
or, where required to comply with this sub-
section, any service provider, to the extent that 
the licensee ensures that any affiliated company 
or service provider maintains such information 
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under confidentiality provisions comparable to 
those in this subsection. 
‘‘(5) LIMITATION ON LIABILITY FOR DISCLO-
SURE.—A licensee or an employee, agent, or affiliate 
of a licensee shall not be liable to any self-excluded 
person or to any other party in any judicial pro-
ceeding for any harm, monetary or otherwise, which 
may arise as a result of disclosure or publication in 
any manner. 
‘‘(d) GAMBLING BY PROHIBITED PERSONS.— 
‘‘(1) PROHIBITION
BENEFITTING
FROM
PRO-
HIBITED
GAMBLING
ACTIVITY.—A person who is 
prohibited from gambling with a licensee by law, or 
by order of the Secretary or any court of competent 
jurisdiction, including any person on the self-exclu-
sion list as established in accordance with subsection 
(c), shall not collect, in any manner or proceeding, 
any winnings or recover any losses arising as a re-
sult of any prohibited gambling 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 shall be subject to 
forfeiture by order of the Secretary, following notice 
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to the prohibited person and opportunity to be 
heard. 
‘‘(3) DEPOSIT
OF
FORFEITED
FUNDS.—Any 
funds forfeited pursuant to this subsection shall be 
deposited into the general fund of the Treasury. 
‘‘(e) PROBLEM OR COMPULSIVE GAMBLERS NOT ON 
THE LIST OF SELF-EXCLUDED PERSONS.— 
‘‘(1) PUBLIC AWARENESS PROGRAM.— 
‘‘(A) IN
GENERAL.—The Secretary and 
any State or tribal regulatory body that has 
been qualified under subsection 5383(o) shall 
provide by regulation for the establishment of a 
program to alert the public to the existence, 
consequences, and availability of the self-exclu-
sion list, and shall prepare and promulgate 
written materials to be used in such a program. 
‘‘(B) LICENSEE-PROVIDED
PUBLICITY.— 
Regulations prescribed under subparagraph (A) 
may require a licensee to make available lit-
erature or screen displays relating to the exist-
ence of the program. 
‘‘(2) RULE OF CONSTRUCTION.—No provision 
of this subsection shall be construed as creating a 
legal duty in the Secretary, a qualified State or trib-
al regulatory body, a licensee, or any representative 
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of a licensee to identify or to exclude problem or 
compulsive gamblers not on the list of self-excluded 
persons. 
‘‘(3) IMMUNITY.—The United States, the Sec-
retary, a qualified State or tribal regulatory body, a 
licensee, and any employee or agent of a licensee, 
shall not be liable to any person in any proceeding 
for losses or other damages of any kind arising out 
of that person’s gambling activities based on a claim 
that the person was a compulsive, problem, or patho-
logical gambler. 
‘‘§ 5385. Financial transaction providers 
‘‘(a) IN GENERAL.—No financial transaction pro-
vider shall be held liable for engaging in financial activities 
and transactions for or on behalf of a licensee or involving 
a licensee, including payments processing activities, if such 
activities are performed in compliance with this sub-
chapter and with applicable Federal and State laws. 
‘‘(b) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
‘‘(1) FINANCIAL
TRANSACTION
PROVIDER.— 
The term ‘financial transaction provider’ means a 
creditor, credit card issuer, financial institution, op-
erator of a terminal at which an electronic fund 
transfer may be initiated, money transmitting busi-
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ness, or international, national, regional, or local 
payment network utilized to effect a credit trans-
action, electronic fund transfer, stored value product 
transaction, or money transmitting service, or a par-
ticipant in such network, or other participant in a 
payment system. 
‘‘(2) OTHER TERMS.— 
‘‘(A) CREDIT, CREDITOR, CREDIT
CARD, 
AND CARD ISSUER.—The terms ‘credit’, ‘cred-
itor’, ‘credit card’, and ‘card issuer’ have the 
meanings given the terms in section 103 of the 
Truth in Lending Act. 
‘‘(B) ELECTRONIC FUND TRANSFER.—The 
term ‘electronic fund transfer’— 
‘‘(i) has the meaning given the term 
in section 903 of the Electronic Fund 
Transfer Act, except that the term includes 
transfers that would otherwise be excluded 
under section 903(6)(E) of such Act; and 
‘‘(ii) includes any fund transfer cov-
ered by Article 4A of the Uniform Com-
mercial 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 
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Transfer Act, except that such term does not 
include a casino, sports book, or other business 
at or through which bets or wagers may be 
placed or received. 
‘‘(D) 
INSURED
DEPOSITORY
INSTITU-
TION.—The term ‘insured depository institu-
tion’— 
‘‘(i) has the meaning given the term 
in section 3(c) of the Federal Deposit In-
surance Act; 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 Secretary under such section). 
‘‘§ 5386. Limitation of licenses in States and Indian 
lands 
‘‘(a) STATE OPT-OUT EXERCISE.— 
‘‘(1) LIMITATIONS IMPOSED BY STATES.— 
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‘‘(A) IN GENERAL.—No licensee may en-
gage, under any license issued under this sub-
chapter, in the operation of an Internet gam-
bling facility that knowingly accepts bets or wa-
gers initiated by persons who reside in any 
State which provides notice that it will limit 
such bets or wagers, if the Governor or other 
chief executive officer of such State informs the 
Director of such limitation, in a manner which 
clearly identifies the nature and extent of such 
limitation, before the end of the 90-day period 
beginning on the date of the enactment of the 
Internet Gambling Regulation, Consumer Pro-
tection, and Enforcement Act, or in accordance 
with paragraph (2), until such time as any no-
tice of any amendment or repeal of such spe-
cific limitation becomes effective under para-
graph (2). 
‘‘(B) COORDINATION BETWEEN STATE AND 
TRIBAL OPT-OUT EXERCISES.—Any State limi-
tation under subparagraph (A) shall not apply 
to the acceptance by a licensee of bets or wa-
gers from persons located within the tribal 
lands of an Indian tribe that— 
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ing a bet or wager with a licensee, or sending, receiving, 
or inviting information assisting with a bet or wager with 
a licensee, knowingly shall use, or assist another in the 
use of, an electronic, electrical, or mechanical device which 
is designed, constructed, or programmed specifically for 
use in obtaining an advantage in any game authorized 
under this subchapter, where such advantage is prohibited 
or otherwise violates the rules of play established by the 
licensee. 
‘‘(b) ADDITIONAL OFFENSE.—No person initiating, 
receiving, or otherwise making a bet or wager with a li-
censee, or sending, receiving, or inviting information as-
sisting with a bet or wager with a licensee, knowingly shall 
use or possess any cheating device with intent to cheat 
or defraud any licensee or other persons placing bets or 
wagers with such licensee. 
‘‘(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) of this section shall be fined under title 
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