I 
112TH CONGRESS 
1ST SESSION H. R. 2366 
To establish a program for State licensing of Internet poker, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 24, 2011 
Mr. BARTON of Texas (for himself, Mr. CAMPBELL, Ms. BERKLEY, Mr. 
HONDA, Mr. COHEN, Ms. LINDA T. SA´NCHEZ of California, Mr. PERL-
MUTTER, Mr. KING of New York, Mr. CONYERS, Mr. FRANK of Massa-
chusetts, Mr. PAUL, and Mr. GRIMM) introduced the following bill; which 
was referred to the Committee on Energy and Commerce, and in addition 
to the Committees on Financial Services and the Judiciary, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To establish a program for State licensing of Internet poker, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Internet Gambling Prohibition, Poker Consumer Protec-
tion, and Strengthening UIGEA Act of 2011’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
TITLE I—PROHIBITION ON UNLICENSED INTERNET GAMBLING 
AND INTERNET POKER CONSUMER PROTECTION 
Sec. 101. Definitions. 
Sec. 102. Prohibition on unlicensed Internet gambling. 
Sec. 103. Department of Commerce qualification and oversight of State agen-
cies. 
Sec. 104. Licensing by qualified State agencies. 
Sec. 105. Enforcement. 
Sec. 106. Compulsive gaming, responsible gaming, and self-exclusion program 
requirements. 
Sec. 107. Prohibitions and restrictions. 
Sec. 108. Safe harbor. 
Sec. 109. Relation to subchapter IV of chapter 53 of title 31, United States 
Code. 
Sec. 110. Cheating and other fraud. 
Sec. 111. Inapplicability of certain provisions to interstate off-track wagers. 
Sec. 112. Construction and relation to other law. 
Sec. 113. Regulations. 
Sec. 114. Annual reports. 
Sec. 115. Effective date. 
TITLE II—STRENGTHENING OF UNLAWFUL INTERNET 
GAMBLING ENFORCEMENT ACT OF 2006 
Sec. 201. Financial transaction providers. 
Sec. 202. List of unlicensed Internet gambling enterprises. 
Sec. 203. Regulations. 
Sec. 204. Conforming amendments. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Since the development of the Internet, on-
line Web sites offering Internet gambling have raised 
numerous policy, consumer protection, and enforce-
ment concerns for Federal and State governments as 
such Web sites are run by operators located in many 
different countries and have sought to attract cus-
tomers from the United States. 
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(2) The Unlawful Internet Gambling Enforce-
ment Act of 2006 (title VIII of Public Law 109– 
347; 120 Stat. 1952) was intended to aid enforce-
ment efforts against unlawful Internet operators and 
to limit unlawful Internet gaming involving United 
States persons. However, that Act has only been 
partially successful in doing so. 
(3) There is uncertainty about the laws of the 
United States governing Internet gambling and 
Internet poker, though not about laws governing 
Internet sports betting. The Department of Justice 
has maintained that a broad range of activity is ille-
gal, including activity that Congress intended to le-
galize under the Interstate Horseracing Act of 1978. 
Certain court decisions have used logic not con-
sistent with aspects of the position of the Depart-
ment of Justice. Enforcement efforts would be aided 
by bringing greater clarity to this area. 
(4) Additional tools to assist law enforcement in 
the prevention of unlawful Internet gaming activities 
would be important and beneficial. Maintenance of a 
list of unlicensed Internet gambling enterprises and 
the owners, operators, and key personnel of such en-
terprises (as well as entities and related personnel 
found unsuitable) would aid those law enforcement 
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efforts and would make the Unlawful Internet Gam-
bling Enforcement Act more effective. 
(5) Poker is distinct from the class of games of 
chance traditionally defined as gambling in that, 
players compete against each other, and not the per-
son or entity hosting the game (sometimes called 
‘‘the house’’), and that over any significant interval, 
the outcome of a poker game is predominantly deter-
mined by the skill of the participants. 
(6) United States consumers would benefit from 
a program of Internet poker regulation which recog-
nizes the interstate nature of the Internet, but nev-
ertheless preserves the prerogatives of States. Such 
a system would require strict licensing of Internet 
poker providers and would require licensee operators 
to— 
(A) have effective means to prevent minors 
from playing poker on-line; 
(B) identify and help treat problem gam-
blers; to ensure that games are fair; 
(C) allow players to self-exclude and limit 
losses; and 
(D) prevent money laundering. 
(7) Such a program would create a new indus-
try within the United States creating thousands of 
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jobs and substantial tax revenue for Federal and 
State governments. 
TITLE I—PROHIBITION ON UNLI-
CENSED 
INTERNET 
GAM-
BLING AND INTERNET POKER 
CONSUMER PROTECTION 
SEC. 101. DEFINITIONS. 
As used in this title, the following definitions apply: 
(1) APPLICANT.—The term ‘‘applicant’’ means 
any person who has applied for a license pursuant 
to this title. 
(2) BET OR WAGER.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘bet or wager’’ has 
the meaning given the term in section 5362 of 
title 31, United States Code. 
(B) 
EXCEPTION.—The 
term 
‘‘bet 
or 
wager’’ does not include the following: 
(i) INTERSTATE
HORSERACING.—A 
bet or wager that is permissible under the 
Interstate Horseracing Act of 1978 (15 
U.S.C. 3001 et seq.). 
(ii) CERTAIN
INTRASTATE
TRANS-
ACTIONS.—Placing, receiving, or otherwise 
transmitting a bet or wager— 
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(I) as described in subparagraph 
(B) of section 5362(10) of title 31, 
United States Code, and clarified by 
subparagraph (E) of such section; and 
(II) authorized under a license 
that was issued by a regulatory body 
of a State or Indian tribe on or before 
the date of the enactment of this Act. 
(iii) INTRASTATE
LOTTERY
TRANS-
ACTIONS.—A bet or wager that is— 
(I) a chance or opportunity to 
win a lottery or other prize (which op-
portunity to win is predominantly sub-
ject to chance) authorized by a State 
or Indian tribe; and 
(II) a placing, receiving, or trans-
mitting of a bet or wager as described 
in such subparagraph (B) and clari-
fied by subparagraph (E) of such sec-
tion 5362(10). 
(iv) INTRATRIBAL
TRANSACTIONS.— 
Placing, receiving, or otherwise transmit-
ting a bet or wager as described in sub-
paragraph (C) of such section 5362(10), as 
clarified by such subparagraph (E). 
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(3) CASINO GAMING.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘casino gaming’’ 
means the full range of casino gaming activity 
licensed by regulatory bodies of States or In-
dian tribes that would be qualified as class III 
gaming under section 4 of the Indian Gaming 
Regulatory Act (25 U.S.C. 2703), if that Act 
were applicable to the gaming. 
(B) EXCEPTION.—The term ‘‘casino gam-
ing’’ does not include lotteries of States or In-
dian tribes. 
(4) CASINO
GAMING
FACILITIES.—The term 
‘‘casino gaming facility’’ means a facility that pro-
vides casino gaming on a riverboat, at a race track, 
or in another facility that hosts 500 or more gaming 
devices in 1 physical location pursuant to a duly au-
thorized license issued by a gaming regulatory au-
thority of a State or Indian tribe. 
(5) GAMING DEVICE.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘gaming device’’ 
means any computer-based gambling machine, 
including slot machines and video lottery termi-
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nals that have been approved by a gaming regu-
latory authority of a State or Indian tribe. 
(B) EXCEPTION.—The term ‘‘gaming de-
vice’’ does not include machines that process 
bets or wagers for pari-mutuel betting pools. 
(6) INDIAN LANDS AND INDIAN TRIBE.—The 
terms ‘‘Indian lands’’ and ‘‘Indian tribe’’ have the 
meaning given the terms in section 4 of the Indian 
Gaming Regulatory Act (25 U.S.C. 2703). 
(7) INTERNET.—The term ‘‘Internet’’ has the 
meaning given the term in section 5362 of title 31, 
United States Code. 
(8) INTERNET GAMBLING FACILITY.—The term 
‘‘Internet gambling facility’’ means an Internet Web 
site, or similar communications facility in which 
transmissions may cross State boundaries, through 
which a bet or wager is initiated, received, or other-
wise made, whether transmitted by telephone, Inter-
net, satellite, or other wire or wireless communica-
tion facility, service, or medium. 
(9) INTERNET
POKER.—The term ‘‘Internet 
poker’’ means a poker game, hand, tournament, or 
other contest of poker offered through the use of an 
Internet poker facility. 
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(10) INTERNET
POKER
FACILITY.—The term 
‘‘Internet poker facility’’ means a type of Internet 
gambling facility that provides bets or wagers only 
with respect to a game, hand, tournament, or other 
contest of poker. 
(11) LICENSEE.—The term ‘‘licensee’’ means a 
person who operates an Internet poker facility under 
a license issued by a qualified State agency pursuant 
to this title. 
(12) LIVE
RACING.—The term ‘‘live racing’’ 
means, with respect to a qualified race track, the 
conduct of live thoroughbred horse races at such 
race track, but does not include any races 
simulcasted from a separate race track. 
(13) OPERATE AN INTERNET GAMBLING FACIL-
ITY.—The term ‘‘operate an Internet gambling facil-
ity’’ means to conduct, direct, manage, own, super-
vise, or control an Internet gambling facility. 
(14) OPERATE
AN
INTERNET
POKER
FACIL-
ITY.—The term ‘‘operate an Internet poker facility’’ 
means to conduct, direct, manage, own, supervise, or 
control an Internet poker facility. 
(15) POKER.—The term ‘‘poker’’ means any of 
several card games in which players compete against 
each other, and not the person or entity hosting the 
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game (sometimes called ‘‘the house’’), and that over 
any significant interval, the outcome of a poker 
game is predominantly determined by the skill of the 
participants. 
(16) QUALIFIED
STATE
AGENCY.—The term 
‘‘qualified State agency’’ means— 
(A) a State agency or regulatory body of 
an Indian tribe that has been designated as a 
qualified body under paragraph (1) or (3) of 
section 105(a); or 
(B) the Office of Internet Poker Oversight 
established under section 106(a) and designated 
under paragraph (2) of section 105(a). 
(17) 
QUALIFIED
CARD
ROOM.—The 
term 
‘‘qualified card room’’ means a facility that has been 
licensed by a State or Indian tribe to provide at 
least 250 tables in 1 physical facility for bets or wa-
gers on poker. 
(18) QUALIFIED
MOBILE
GAMING
SYSTEM.— 
The term ‘‘qualified mobile gaming system’’ means 
a system for the conduct of casino gaming through 
communications devices or gaming devices operated 
at a casino gaming facility by the use of communica-
tion technology that allows a person to transmit 
wirelessly information to a computer to assist in the 
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placing of a bet or wager and corresponding infor-
mation related to the display of the game, game out-
comes, or other similar information and which is li-
censed for operation at a casino gaming facility by 
a State or Indian tribe. 
(19) QUALIFIED
RACE
TRACK.—The term 
‘‘qualified race track’’ means a race track or other 
pari-mutuel wagering facility that— 
(A) has been licensed by a regulatory au-
thority of a State or Indian tribe to accept pari- 
mutuel wagers on horse races; and 
(B) has— 
(i) at least 500 gaming devices at 1 
physical location; or 
(ii) processed at least $200,000,000 
or more in gross wagering on horse racing 
during any 3 of the 5 years preceding the 
date of the enactment of this Act. 
(20) REMOTE GAMING EQUIPMENT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘remote gaming 
equipment’’ means electronic or other equip-
ment principally used by or on behalf of an op-
erator of an Internet poker facility, including by 
any significant vendor to such operator, to— 
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(i) register a person’s participation in 
Internet poker and to store information re-
lating thereto; 
(ii) present to persons who are partici-
pating or who may participate in Internet 
poker the game that is to be played; 
(iii) determine all or part of, or the ef-
fect of, a result relevant to a game, hand, 
tournament, or other contest of Internet 
poker and to store information relating 
thereto; 
(iv) accept payment with respect to 
Internet poker from the player; or 
(v) authorize payment of any winnings 
in respect of Internet poker. 
(B) EXCEPTION.—The term ‘‘remote gam-
ing equipment’’ does not include the following: 
(i) Equipment used for business con-
tinuity, back-up, excess capacity, or other 
secondary use. 
(ii) A computer which is used by a 
person to participate in Internet poker un-
less the computer is provided by or on be-
half of the person who is conducting or 
providing the facilities for the game. 
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(iii) Equipment operated in the ordi-
nary course of providing banking, tele-
communications, or payment processing 
services. 
(iv) Such other equipment that pro-
vides ancillary services as the Secretary 
considers appropriate. 
(21) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Commerce. 
(22) SIGNIFICANT VENDOR.—The term ‘‘signifi-
cant vendor’’ means a person who— 
(A) on behalf of a licensee, knowingly man-
ages, administers, or controls bets or wagers 
that are initiated, received, or otherwise made 
within the United States; 
(B) on behalf of a licensee, knowingly 
manages, administers, or controls the games 
with which such bets or wagers are associated; 
(C) on behalf of a licensee, develops, main-
tains, or operates the software or other system 
programs or hardware on which the games or 
the bets or wagers are managed, administered, 
or controlled; 
(D) provides the trademarks, trade names, 
service marks, or similar intellectual property 
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under which a licensee identifies its Internet 
poker facility to its customers in the United 
States; 
(E) provides information on individuals in 
the United States that made bets or wagers 
with an Internet gambling facility not licensed 
under this title via a database or customer lists; 
(F) provides any products, services, or as-
sets to a licensee and is paid a percentage of 
gaming revenue or Internet poker commission 
fees by the licensee (not including fees to finan-
cial institutions and payment providers for fa-
cilitating a deposit by a customer); or 
(G) with respect to an applicant, proposes 
to provide any of the activities, services, or 
items identified in subparagraphs (A) through 
(E). 
(23) SPORTING EVENT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘sporting event’’ 
means any athletic competition, whether profes-
sional, scholastic, or amateur or any perform-
ance of any athlete in such competitions. 
(B) EXCEPTION.—The term ‘‘sporting 
event’’ does not include any activity described 
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in section 3704(a)(4) of title 28, United States 
Code. 
(24) STATE.—The term ‘‘State’’ means each of 
the several States of the United States, the District 
of Columbia, and any commonwealth, territory, or 
possession of the United States. 
SEC. 102. PROHIBITION ON UNLICENSED INTERNET GAM-
BLING. 
(a) PROHIBITION.— 
(1) IN GENERAL.—It shall be unlawful for a 
person to operate an Internet gambling facility with-
out a license in good standing issued to such person 
by a qualified State or tribal agency under this title. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply to the operation of an Internet gambling facil-
ity by a person located outside the United States in 
which bets or wagers are initiated, received, or oth-
erwise made by individuals located outside the 
United States. 
(b) CRIMINAL PENALTIES.—Any person who violates 
this section shall be fined under title 18, United States 
Code, imprisoned for not more than 5 years, or both. 
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SEC. 103. DEPARTMENT OF COMMERCE QUALIFICATION 
AND OVERSIGHT OF STATE AGENCIES. 
(a) COMMERCE RESPONSIBILITIES AND POWERS.— 
The Secretary shall have responsibility and authority for 
the following activities: 
(1) Reviewing and qualifying State agencies to 
issue licenses under this title. 
(2) Exercising oversight over qualified State 
agencies to ensure that such agencies— 
(A) comply with the requirements of this 
title; and 
(B) carry out their regulatory and enforce-
ment functions under this title with appropriate 
diligence. 
(3) Investigating and taking appropriate reme-
dial action with respect to any qualified State agen-
cy. 
(4) Prescribing such regulations as may be nec-
essary to administer and enforce the provisions of 
this title. 
(b) OFFICE OF INTERNET POKER OVERSIGHT.— 
(1) ESTABLISHMENT.—The Secretary shall es-
tablish an office in the Department of Commerce, to 
be known as the ‘‘Office of Internet Poker Over-
sight’’ (in this subsection referred to as the ‘‘office’’) 
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to exercise the functions of the Secretary set out in 
this title. 
(2) DIRECTOR AND DELEGATION OF AUTHOR-
ITY.—The Secretary shall appoint a Director of the 
office from among individuals who have dem-
onstrated experience and expertise in regulating 
gaming activities and may delegate to the Director 
any authority, duty, or responsibility conferred upon 
the Secretary by this title. 
(c) DESIGNATION
OF QUALIFIED STATE AGEN-
CIES.— 
(1) QUALIFICATION OF STATE AGENCIES.—The 
Secretary shall qualify any State agency that is des-
ignated to the Secretary by a State that wishes to 
participate in the licensing program to carry out the 
licensing and other functions under this title if the 
Secretary determines that such agency meets the 
minimum standards for qualification prescribed 
under paragraph (2). 
(2) MINIMUM
STANDARDS
FOR
QUALIFIED 
STATE
AGENCIES.—The Secretary shall prescribe 
minimum standards for qualifying a State agency 
under this subsection, including minimum stand-
ards— 
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(A) relating to the size and qualification of 
staff of the agency to ensure a sufficient num-
ber of enforcement agents with experience in 
gaming regulatory enforcement areas to dis-
charge its intended functions and that the ap-
plicant have the sophistication and resources 
necessary to evaluate issues unique to the Inter-
net environment; 
(B) relating to the length of time the ap-
plicant has regulated other forms of gaming to 
ensure designations of only those applicants 
that have a history of demonstrated regulatory 
enforcement and oversight commensurate with 
the responsibilities imposed under this title; 
(C) for assessing the applicant’s experience 
and willingness to work with Federal authori-
ties, including the Financial Crimes Enforce-
ment Network; 
(D) prohibiting conflicts of interest to en-
sure that qualified State agencies are not con-
trolled, directly or indirectly, by persons that 
have any significant ownership interest in enti-
ties regulated under this title; 
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(E) for the capacity and experience of a 
qualified State agency in conducting rigorous 
suitability reviews; 
(F) for the enforcement and regulatory au-
thorities provided to the applicant under the 
law of the applicable State or Indian tribe, in-
cluding investigative authority, authority to im-
pose requirements on licensees, and authority to 
impose civil or other penalties; and 
(G) the Secretary considers relevant to the 
ability of an agency to serve as an effective 
qualified State agency. 
(3) WITHDRAWAL OF QUALIFICATION.— 
(A) IN GENERAL.—Beginning on the date 
that is 1 year after the date on which the Sec-
retary prescribes final regulations under this 
title, the Secretary may, after providing 60 
days notice to a qualified State agency, with-
draw the qualification of such agency under this 
section if the Secretary determines that the 
agency is not in compliance with the minimum 
standards set established under paragraph (2) 
or other requirements of this title. 
(B) OPPORTUNITY TO COMPLY.—The Sec-
retary may provide a State agency who receives 
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notice under subparagraph (A) with an oppor-
tunity to come into compliance for a period of 
not more than 180 days. The Secretary may ex-
tend such period by not more than 180 addi-
tional days if the State agency has made sub-
stantial progress toward compliance as of the 
expiration of the first 180-day period. 
(C) EFFECT OF NOTICE.—A State agency 
that receives notice under subparagraph (A) 
may not issue any new licenses under this title 
until the Secretary determines that the quali-
fied State agency is in compliance with the re-
quirements of this title and regulations pre-
scribed thereunder. 
(D) RIGHT TO APPEAL.—A State agency 
that has had its qualification withdrawn under 
this paragraph may appeal to the United States 
District Court for the District of Columbia that 
such withdrawal was an abuse of discretion. 
(4) ACTION UPON WITHDRAWAL OF QUALIFICA-
TION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), not later than 30 days after 
the date on which the Secretary withdraws the 
qualification of a State agency under paragraph 
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(3), each person with a license issued by the 
State agency shall— 
(i)(I) cease offering, accepting, and 
providing services with respect to bets or 
wagers from persons located in the United 
States under such license; and 
(II) return all customer deposits or 
place those sums the return of which to 
United States customers is not feasible due 
to change in customer address, bank de-
tails, or similar difficulty, in escrow in an 
account with a financial institution in the 
United States for safekeeping and orderly 
disposition by the Secretary; or 
(ii) apply for a new license from a dif-
ferent qualified State agency. 
(B) INTERIM OPERATION.—If a person ap-
plies for a new license under clause (ii) of sub-
paragraph (A), the person may continue the ac-
tivities described in clause (i)(I) of such sub-
paragraph until final action is taken on the li-
cense application by the qualified State agency. 
(C) INTERIM REGULATORY OVERSIGHT.— 
Until final action is taken under subparagraph 
(B) with respect to a person, the Secretary 
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shall have enforcement and regulatory authority 
over the licensed activities of such person. 
(d) OVERSIGHT OF QUALIFIED STATE AGENCIES.— 
The Secretary may investigate and take such action as the 
Secretary considers appropriate with respect to any quali-
fied State agency that appears, based upon the Secretary’s 
own inquiry or based upon credible information provided 
by other persons, including licensees or law enforcement 
officials, to be deficient or substantially less rigorous than 
other qualified State agencies in the discharge of its re-
sponsibilities under this title. 
(e) CONSULTATION WITH INDIAN TRIBES.—In im-
plementing this title, the Secretary shall conduct meaning-
ful consultation with Indian tribes regarding all aspects 
of this title which affect Indian tribes. 
SEC. 104. LICENSING BY QUALIFIED STATE AGENCIES. 
(a) INTERNET POKER FACILITY LICENSING PRO-
GRAM.— 
(1) AUTHORITY TO OPERATE INTERNET POKER 
FACILITY UNDER VALID LICENSE.—Notwithstanding 
any other provision of law and subject to the provi-
sions of this title, a licensee may accept a bet or 
wager with respect to Internet poker from an indi-
vidual located in the United States and may offer re-
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lated services so long as the license of the licensee 
issued under this title remains in good standing. 
(2) SIGNIFICANT VENDORS.—If a person seeks 
a certificate of suitability from a qualified State 
agency to provide services to a licensee or applicant 
as a significant vendor with respect to an Internet 
poker facility, such person shall not be required to 
obtain a license under this title to provide such serv-
ices with respect to that Internet poker facility. 
(3) LIMITATIONS IMPOSED BY STATES AND IN-
DIAN TRIBES.— 
(A) ACTION
BY
A
STATE.—No licensee 
may engage, under any license issued under 
this title, in the operation of an Internet poker 
facility that knowingly accepts bets or wagers 
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 execu-
tive officer of such State informs the Secretary 
of such limitation, in a manner which clearly 
identifies the nature and extent of such limita-
tion. 
(B) CHANGES TO STATE LIMITATIONS.— 
The establishment, repeal, or amendment by a 
State of any limitation described in subpara-
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graph (A) shall apply, for purposes of this title, 
beginning on the day that occurs after the end 
of the 60-day period beginning on the later of— 
(i) the date a notice of such establish-
ment, repeal, or amendment is provided by 
the Governor or other chief executive offi-
cer of such State in writing to the Sec-
retary; or 
(ii) the effective date of such estab-
lishment, repeal, or amendment. 
(C) APPLICATION
OF
STATE
ACTION
TO 
TRIBAL LANDS OF INDIAN TRIBES.—Any State 
limitation described in subparagraph (A) shall 
not apply to the acceptance by a licensee of bets 
or wagers from persons located within the tribal 
lands of an Indian tribe that— 
(i) has itself opted out pursuant to 
subsection (b) (in which case the tribal 
opt-out exercise under such subsection 
shall apply); or 
(ii) would be entitled pursuant to 
other applicable law to permit such bets or 
wagers to be initiated and received within 
its territory without use of the Internet. 
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(D) ACTIONS BY AN INDIAN TRIBE.—No 
Internet gambling licensee knowingly may ac-
cept a bet or wager from a person located in 
the tribal lands of any Indian tribe which limits 
such gambling activities or other contests if the 
principal chief or other chief executive officer of 
such Indian tribe informs the Secretary of such 
limitation, in a manner which clearly identifies 
the nature and extent of such limitation. 
(E) CHANGES TO STATE LIMITATIONS.— 
The establishment, repeal, or amendment by 
any Indian tribe of any limitation referred to in 
subparagraph (D) shall apply, for purposes of 
this title, beginning on the day that occurs after 
the end of the 60-day period beginning on the 
later of— 
(i) the date a notice of such establish-
ment, repeal, or amendment is provided by 
the principal chief or other chief executive 
officer of such Indian tribe in writing to 
the Secretary; or 
(ii) the effective date of such estab-
lishment, repeal, or amendment. 
(F) NOTIFICATION AND ENFORCEMENT OF 
STATE AND TRIBE LIMITATIONS.— 
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(i) NOTIFICATION AND MEASURES TO 
ENSURE
COMPLIANCE.—The 
Secretary 
shall notify all licensees and applicants of 
all States and Indian tribes that have pro-
vided notice pursuant to subparagraph 
(A)(ii) of (C)(ii), as the case may be, 
promptly upon receipt of such notice and 
in no event fewer than 30 days before the 
effective date of such notice. The Secretary 
shall take effective measures to ensure that 
any licensee under this subchapter, as a 
condition of the license, complies with any 
limitation or prohibition imposed by any 
State or Indian tribe to which the licensee 
is subject. 
(ii) VIOLATIONS.—A violation of sub-
paragraph (A) of (C) shall be a violation of 
this title enforceable under section 105. 
(b) APPLICATION FOR LICENSE.— 
(1) APPLICATION.—Except as provided in sub-
paragraph (B), a person seeking to operate an Inter-
net poker facility under this title shall submit to the 
qualified State agency of the State where servers for 
such Internet poker facility are located an applica-
tion for a license at such time, in such form, and in 
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(ii) without observance of procedure 
required by law. 
(2) CHALLENGES UNDER STATE LAW.—Except 
as provided in paragraph (1) and unless otherwise 
specifically provided in this title, actions taken by a 
qualified State agency may be challenged by appli-
cants and licensees only as permitted under the law 
of the State or Indian tribe in which the qualified 
State agency is located. 
(3) SUMMONS.— 
(A) IN
GENERAL.—The Secretary may 
issue a summons with respect to an applicant 
or licensee necessary to carry out the provisions 
of this title. 
(B) PRODUCTION AT DESIGNATED SITE.— 
A summons issued by the Secretary pursuant to 
this paragraph may require that books, papers, 
records, or other data stored or maintained at 
any place be produced at any— 
(i) business location of a licensee or 
applicant for a license; 
(ii) designated location in the State or 
Indian lands of the applicable qualified 
State agency; or 
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