Internet Gambling Prohibition and Enforcement Act
Legislative Activity
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Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 519.
July 13, 2006
View full timeline
Introduced in House
November 18, 2005
Referred to the House Committee on Financial Services.
November 18, 2005
Referred to the Subcommittee on Financial Institutions and Consumer Credit.
January 5, 2006
Committee Consideration and Mark-up Session Held.
March 15, 2006
Ordered to be Reported (Amended) by Voice Vote.
March 15, 2006
Reported (Amended) by the Committee on 109-412, Part I.
April 6, 2006
Referred sequentially to the House Committee on the Judiciary for a period ending not later than May 26, 2006 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(l), rule X.
April 6, 2006
Reported (Amended) by the Committee on Judiciary. H. Rept. 109-412, Part II.
May 26, 2006
Placed on the Union Calendar, Calendar No. 267.
May 26, 2006
Rules Committee Resolution H. Res. 907 Reported to House. Rule provides for consideration of H.R. 4411 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order.
July 10, 2006 • 7:07 PM
Rule H. Res. 907 passed House.
July 11, 2006 • 12:11 PM
Considered under the provisions of rule H. Res. 907. (consideration: CR H4978-5001; text of measure as introduced: CR H4978-4980)
July 11, 2006 • 12:14 PM
Rule provides for consideration of H.R. 4411 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order.
July 11, 2006 • 12:14 PM
DEBATE - The House proceeded with one hour of debate on H.R. 4411.
July 11, 2006 • 12:14 PM
DEBATE - Pursuant to H. Res. 907, the House proceeded with 20 minutes of debate on the Berkley amendment.
July 11, 2006 • 1:19 PM
POSTPONED PROCEEDINGS - At the conclusion of debate on the Berkley amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Ms. Berkley demanded the yeas and nays and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
July 11, 2006 • 1:41 PM
Considered as unfinished business. (consideration: CR H5005-5008)
July 11, 2006 • 2:13 PM
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of the amendment offered by Ms. Berkely of Nevada, which had been debated earlier and on which further proceedings had been postponed.
July 11, 2006 • 2:13 PM
Mr. Conyers moved to recommit with instructions to Judiciary. (consideration: CR H5006-5008; text: CR H5006)
July 11, 2006 • 2:41 PM
DEBATE - The House proceeded with 10 minutes of debate on the Conyers motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back with an amendment which inserts a new section outlining a rule to protect against under-age gambling.
July 11, 2006 • 2:42 PM
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H5007)
July 11, 2006 • 2:52 PM
On motion to recommit with instructions Failed by recorded vote: 167 - 243 (Roll no. 362).
July 11, 2006 • 3:09 PM
Passed/agreed to in House: On passage Passed by recorded vote: 317 - 93 (Roll no. 363).(text: CR H4980-4983)
July 11, 2006 • 3:18 PM
On passage Passed by recorded vote: 317 - 93 (Roll no. 363). (text: CR H4980-4983)
July 11, 2006 • 3:18 PM
Motion to reconsider laid on the table Agreed to without objection.
July 11, 2006 • 3:18 PM
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
July 12, 2006
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 519.
July 13, 2006
Voting History
3 votes recorded • Roll call available
HOUSE
Roll Call AvailableJuly 11, 2006 at 3:18 PM
On Passage
Majority required: 1/2 (50%)
317 - 93
HOUSE
Roll Call AvailableJuly 11, 2006 at 3:09 PM
On Motion to Recommit with Instructions
Majority required: 1/2 (50%)
167 - 243
HOUSE
Roll Call AvailableJuly 11, 2006 at 2:40 PM
On Agreeing to the Amendment
Majority required: 1/2 (50%)
114 - 297
Floor Debate
19 membersWhat members said about H.R. 4411 on the floor




+14
Floor Debate
19 membersWhat members said about H.R. 4411 on the floor
Mr. Speaker, I yield myself as much time as I may consume. Mr. Speaker, I rise in support of H.R. 4411, the Internet Gambling Prohibition Act. I would like to thank Mr. Leach and Mr. Goodlatte for…
Mr. Speaker, I thank the chairman, and I would like to respond to the gentleman from Texas and the gentleman from Massachusetts and tell you why we need this bill and we need it desperately. We have…
Mr. Speaker, I thank the gentleman from Georgia (Mr. Gingrey) for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, I am going to do something…
Mr. Speaker, I would like to thank Mr. Conyers for his extraordinary efforts on this legislation. Mr. Speaker, I rise in strong opposition to this legislation. Despite the misinformed and misguided…
Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in strong support of H.R. 4411, the Internet Gambling Prohibition and Enforcement Act. The version we consider today merges…
Show 8 more
Mr. Speaker, I yield myself 3\1/4\ minutes. Mr. Speaker, for nearly a decade, many in the Congress have sought to deter Internet gambling. But time and again the issue has been stymied, often in ways…
Mr. Speaker, I thank the gentleman from Georgia (Mr. Gingrey) for his generously yielding me this time. I rise in strong support of this rule reported out of the Rules Committee and of the underlying…
Mr. Speaker, first, I want to thank Chairman Sensenbrenner for his long support of our efforts on this legislation. He is now in his sixth year as chairman of the Judiciary Committee, and this…
Mr. Speaker, I thank the gentleman from Massachusetts, and I just want to join him in his remarks that this really is not about this rule, but this is the only place where we can protest the…
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 907 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only I yield 30 minutes to the…
Mr. Speaker, I yield myself 4 minutes. I just want to tell my friend, the gentleman from Virginia (Mr. Wolf), that if he thinks we have fixed the Abramoff problem of this House by passing this…
Mr. Speaker, I thank the gentleman for yielding. I rise in opposition to H.R. 4411. Clearly, gambling on the internet has become an increasingly popular activity and lucrative business. It is…
Mr. Speaker, I thank the gentleman for yielding. I want to begin by thanking Mr. Leach and Mr. Goodlatte for staying in there when the outside lobbyists were trying to control this institution. And…
Show 11 more
Mr. Speaker, I would like to address the recent enactment of the Unlawful Internet Gambling and Enforcement Act of 2006. Internet gambling legislation has been a priority for this Congress the last…
Mr. Speaker, I strongly disagree with the gentleman from Iowa with whom I often agree. I don't disagree with him entirely. I will stipulate that there is nothing in the Bagavagida about gambling. But…
Mr. Speaker, I rise in opposition to this legislation. It is not easy to oppose this legislation because it is assumed that proponents of the bill are on the side of the moral high ground. But there…
Mr. Speaker, I thank the gentleman for yielding to me. Ladies and gentlemen of the House, H.R. 4111 can also be considered Abramoff's revenge. Because as the Cato Institute itself, not the most…
Mr. Speaker, I thank the gentleman from Wisconsin for yielding this time and commend him for his work on this measure. Mr. Speaker, it has been my pleasure to work with our Virginia colleague, Mr.…
Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, I oppose the bill because it does not prohibit Internet gambling; it only tries to prohibit running an Internet gambling operation. But…
Mr. Speaker, I rise today in very strong support of H.R. 4411, the Internet Gambling Prohibition and Enforcement Act, for a variety of reasons, not the least of which is that Lehigh University was…
Mr. Speaker, I thank the gentleman for yielding me time. Mr. Speaker, hypocrisy is certainly rampant here in the House today. Mr. Goodlatte, the gentleman from Virginia, apparently wants it both…
Mr. Speaker, I would like to thank Mr. Gingrey for yielding me time. I also thank Chairman Oxley and Representative Goodlatte for their work on this bill, and Representative Leach and many others.…
I thank the chairman for yielding me this time and for his very patient leadership in getting this legislation to this place. There are many others to thank on both sides of the aisle: Congressman…
Mr. Speaker, pursuant to House Resolution 907, I call up the bill (H.R. 4411) to prevent the use of certain payment instruments, credit cards, and fund transfers for unlawful Internet gambling, and…
Bill Text
4 versions available
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4411 Placed on Calendar Senate (PCS)]
Calendar No. 519
109th CONGRESS
2d Session
H. R. 4411
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 12, 2006
Received and read the first time
July 13, 2006
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
To prevent the use of certain payment instruments, credit cards, and
fund transfers for unlawful Internet gambling, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Internet Gambling
Prohibition and Enforcement Act''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title and table of contents.
TITLE I--MODERNIZATION OF THE WIRE ACT OF 1961
Sec. 101. Definitions.
Sec. 102. Modification of existing prohibition.
Sec. 103. Authorization of civil enforcement.
Sec. 104. Authorization of appropriations.
Sec. 105. Rules of construction.
Sec. 106. Sense of Congress.
TITLE II--POLICIES AND PROCEDURES REQUIRED TO PREVENT PAYMENTS FOR
UNLAWFUL GAMBLING
Sec. 201. Policies and procedures required to prevent payments for
unlawful gambling.
Sec. 202. Technical and conforming amendment.
TITLE III--INTERNET GAMBLING IN OR THROUGH FOREIGN JURISDICTIONS
Sec. 301. Internet gambling in or through foreign jurisdictions.
TITLE I--MODERNIZATION OF THE WIRE ACT OF 1961
SEC. 101. DEFINITIONS.
Section 1081 of title 18, United States Code, is amended--
(1) by designating the five undesignated paragraphs that
begin with ``The term'' as paragraphs (1) through (5),
respectively;
(2) by amending paragraph (5), as so designated, to read as
follows:
``(5) The term `communication facility' means any and all
instrumentalities, personnel, and services (among other things,
the receipt, forwarding, or delivery of communications) used or
useful in the transmission of writings, signs, pictures, and
sounds of all kinds 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 origin and reception of such transmission.''; and
(3) by adding at the end the following:
``(6) The term `bets or wagers'--
``(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 predominantly
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; and
``(D) does not include--
``(i) any activity governed by the
securities laws (as that term is defined in
section 3(a)(47) of the Securities 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
``(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
organization (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
statistical results of the performance
of individuals (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
performance of an individual
athlete in any single real-
world sporting or other event.
``(7) The terms `credit', `creditor', `credit card', and
`card issuer' have the same meanings as in section 103 of the
Truth in Lending Act.
``(8) The term `electronic fund transfer'--
``(A) has the same meaning as in section 903 of the
Electronic Fund Transfer Act, except that such term
includes transfers that would otherwise be excluded
under section 903(6)(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.
``(9) The term `financial institution' has the same meaning
as in section 903 of the Electronic Fund 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.
``(10) The term `financial transaction provider' has the
same meaning as in section 5361 of title 31 (as added by title
II of this Act).
``(11) The term `foreign jurisdiction' means a jurisdiction
of a foreign country or political subdivision thereof.
``(12) The term `gambling business' means a business of
betting or wagering.
``(13) The term `information assisting in the placing of
bets or wagers' means information knowingly transmitted by an
individual in a gambling business that enables or facilitates a
bet or wager and does not include--
``(A) any posting or reporting of any educational
information on how to make a legal bet or wager or the
nature of betting or wagering, as long as such posting
or reporting does not solicit or provide information
for the purpose of facilitating or enabling the placing
or receipt of bets or wagers in a jurisdiction where
such betting is illegal; or
``(B) advertising relating to betting or wagering
in a jurisdiction where such betting or wagering is
legal, as long as such advertising does not solicit or
provide information for the purpose of facilitating or
enabling the placing or receipt of bets or wagers in a
jurisdiction where such betting is illegal.
``(14) The term `insured depository institution'--
``(A) has the same meaning as in section 3 of the
Federal Deposit Insurance Act; and
``(B) includes an insured credit union (as defined
in section 101 of the Federal Credit Union Act).
``(15) The term `interactive computer service' has the same
meaning as in section 230(f) of the Communications Act of 1934.
``(16) The terms `money transmitting business' and `money
transmitting service' have the same meanings as in section
5330(d) (determined without regard to any regulations
prescribed by the Secretary thereunder).
``(17) The terms `own or control' and to be `owned or
controlled' include circumstances within the meaning of section
2(a)(2) of the Bank Holding Company Act of 1956.
``(18) The term `person' includes a government (including
any governmental entity (as defined in section 3701(2) of title
28)).
``(19) The term `State' means a State of the United States,
the District of Columbia, or a commonwealth, territory, or
possession of the United States.
``(20) The term `tribe' or `tribal' means an Indian tribe,
as defined under section 4(5) of the Indian Gaming Regulatory
Act of 1988).
``(21) For purposes of Section 1085(b), the term `account'
means--
``(A) the unpaid balance of money or its equivalent
received or held by an insured depository institution
in the usual course of business and for which it has
given or is obligated to give credit, either
conditionally or unconditionally, to an account,
including interest credited, or which is evidenced by
an instrument on which the depository institution is
primarily liable; and
``(B) money received or held by an insured
depository institution, or the credit given for money
or its equivalent received or held by the insured
depository institution in the usual course of business
for a special or specific purpose, regardless of the
legal relationships established thereby, including
escrow funds, funds held as security for securities
loaned by the depository institution, funds deposited
as advance payment on subscriptions to United States
Government securities, and funds held to meet its
acceptances.''.
SEC. 102. MODIFICATION OF EXISTING PROHIBITION.
Section 1084 of title 18, United States Code, is amended to read as
follows:
``Sec. 1084. Use of a communication facility to transmit bets or
wagers; criminal penalties
``(a) Except as otherwise provided in this section, whoever, being
engaged in a gambling business, knowingly--
``(1) uses a communication facility for the transmission in
interstate or foreign commerce, within the special maritime and
territorial jurisdiction of the United States, or to or from
any place outside the jurisdiction of any nation with respect
to any transmission to or from the United States, of--
``(A) bets or wagers;
``(B) information assisting in the placing of bets
or wagers; or
``(C) a communication, which entitles the recipient
to receive money or credit as a result of bets or
wagers, or for information assisting in the placing of
bets or wagers; or
``(2) accepts, in connection with the transmission of a
communication in interstate or foreign commerce, within the
special maritime and territorial jurisdiction of the United
States, or to or from any place outside the jurisdiction of any
nation with respect to any transmission to or from the United
States of bets or wagers or information assisting in the
placing of bets or wagers--
``(A) credit, or the proceeds of credit, extended
to or on behalf of another (including credit extended
through the use of a credit card);
``(B) 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 the other person;
``(C) any check, draft, or similar instrument which
is drawn by or on behalf of the other person and is
drawn on or payable through any financial institution;
or
``(D) the proceeds of any other form of financial
transaction as the Secretary of the Treasury and the
Board of Governors of the Federal Reserve System may
prescribe by regulation which involves a financial
institution as a payor or financial intermediary on
behalf of or for the benefit of the other person,
shall be fined under this title or imprisoned not more than five years,
or both.
``(b) Nothing in this section prohibits--
``(1) the transmission of information assisting in the
placing of bets or wagers for use in news reporting if such
transmission does not solicit or provide information for the
purpose of facilitating or enabling the placing or receipt of
bets or wagers in a jurisdiction where such betting is illegal;
``(2) the transmission of information assisting in the
placing of bets or wagers from a State or foreign country where
such betting or wagering is permitted under Federal, State,
tribal, or local law into a State or foreign country in which
such betting on the same event is permitted under Federal,
State, tribal, or local law; or
``(3) the interstate transmission of information relating
to a State-specific lottery between a State or foreign country
where such betting or wagering is permitted under Federal,
State, tribal, or local law and an out-of-State data center for
the purposes of assisting in the operation of such State-
specific lottery.
``(c) Nothing in this section prohibits the use of a communication
facility for the transmission of bets or wagers or information
assisting in the placing of bets or wagers, if--
``(1) at the time the transmission occurs, the individual
or entity placing the bets or wagers or information assisting
in the placing of bets or wagers, the gambling business, and,
subject to section 1084(b)(3), any individual or entity acting
in concert with a gambling business to process the bets or
wagers are physically located in the same State, and for class
II or class III gaming under the Indian Gaming Regulatory Act,
are physically located on Indian lands within that State;
``(2) the State or tribe has explicitly authorized such
bets and wagers, the State or tribal law requires a secure and
effective location and age verification system to assure
compliance with age and location requirements, and the gambling
business and any individual or entity acting in concert with a
gambling business to process the bets or wagers complies with
such law;
``(3) the State has explicitly authorized and licensed the
operation of the gambling business and any individual or entity
acting in concert with a gambling business to process the bets
and wagers within its borders or the tribe has explicitly
authorized and licensed the operation of the gambling business
and any individual or entity acting in concert with a gambling
business to process the bets and wagers, on Indian lands within
its jurisdiction;
``(4) with respect to class II or class III gaming, the
game and gambling business complies with the requirements of
the Indian Gaming Regulatory Act; and
``(5) with respect to class III gaming under the Indian
Gaming Regulatory Act, the game is authorized under, and is
conducted in accordance with, the respective Tribal-State
compact of the Tribe having jurisdiction over the Indian lands
where the individual or entity placing the bets or wagers or
information assisting in the placing of bets or wagers, the
gambling business, and any individual or entity acting in
concert with a gambling business to process those bets or
wagers are physically located, and such Tribal-State compact
expressly provides that the game may be conducted using a
communication facility to transmit bets or wagers or
information assisting in the placing of bets or wagers.
For purposes of this subsection, the intermediate routing of electronic
data constituting or containing all or part of a bet or wager, or all
or part of information assisting in the placing of bets or wagers,
shall not determine the location or locations in which a bet or wager
is transmitted, initiated, received or otherwise made; or from or to
which a bet or wager, or information assisting in the placing of bets
or wagers, is transmitted.
``(d) Nothing in this section creates immunity from criminal
prosecution under any laws of any State or tribe.
``(e) Nothing in this section authorizes activity that is
prohibited under chapter 178 of title 28, United States Code.
``(f) When any common carrier, subject to the jurisdiction of the
Federal Communications Commission, is notified in writing by a Federal,
State, tribal, or local law enforcement agency, acting within its
jurisdiction, that any communication facility furnished by it is being
used or will be used by its subscriber for the purpose of transmitting
or receiving gambling information in interstate or foreign commerce,
within the special maritime and territorial jurisdiction of the United
States, or to or from any place outside the jurisdiction of any nation
with respect to any transmission to or from the United States in
violation of Federal, State, tribal, or local law, it shall discontinue
or refuse, the leasing, furnishing, or maintaining of such facility,
after reasonable notice to the subscriber, but no damages, penalty or
forfeiture, civil or criminal, shall be found against any common
carrier for any act done in compliance with any notice received from a
law enforcement agency. Nothing in this section shall be deemed to
prejudice the right of any person affected thereby to secure an
appropriate determination, as otherwise provided by law, in a Federal
court or in a State, tribal, or local tribunal or agency, that such
facility should not be discontinued or removed, or should be
restored.''.
SEC. 103. AUTHORIZATION OF CIVIL ENFORCEMENT.
Chapter 50 of title 18, United States Code, is amended by adding at
the end the following new section:
``Sec. 1085. Civil remedies
``(a) Jurisdiction.--The district courts of the United States (in
addition to any other remedies under current law) shall have original
and exclusive jurisdiction to prevent and restrain violations of
section 1084 by issuing appropriate orders in accordance with this
section, regardless of whether a prosecution has been initiated under
section 1084.
``(b) Proceedings.--
``(1) The United States may institute proceedings under
this section--
``(A) to obtain injunctive or declarative relief,
including but not limited to a temporary restraining
order and a preliminary injunction, against any person
(other than a financial transaction provider) to
prevent or restrain a violation or a threatened
violation of section 1084;
``(B) in the case of an insured depository
institution that is a financial transaction provider,
to--
``(i) restrain an account maintained at
such insured depository institution if such
account is--
``(I) owned or controlled by a
gambling business; and
``(II) includes proceeds of, or is
used to facilitate a violation of,
section 1084; or
``(ii) seize funds in an account described
in subparagraph (i) if such funds--
``(I) are owned or controlled by a
gambling business; and
``(II) constitute the proceeds of,
were derived from, or facilitated, a
violation of section 1084.
``(C) The limitation in subparagraph (A) shall not
apply if the financial transaction provider is a
gambling business within the meaning of section
1081(12), in which case such financial transaction
provider shall be subject to the enforcement provisions
under subparagraph (A).
``(2) The attorney general (or other appropriate State
official) of a State in which a communication in violation of
section 1084 allegedly has been or will be initiated or
received may institute proceedings under this section to obtain
injunctive or declarative relief to prevent or restrain the
violation or threatened violation. Upon application of the
attorney general (or other appropriate State official) of an
affected State under this paragraph, the district court may
enter a temporary restraining order, a preliminary injunction,
an injunction, or declaratory relief against any person (other
than a financial transaction provider) to prevent or restrain a
violation or threatened violation of section 1084, in
accordance with rule 65 of the Federal Rules of Civil
Procedure.
``(3) Notwithstanding paragraphs (1) and (2), for a
communication in violation of section 1084 that allegedly has
been or will be initiated or received on Indian lands (as that
term is defined in section 4 of the Indian Gaming Regulatory
Act)--
``(A) the United States shall have the enforcement
authority provided under paragraph (1);
``(B) the enforcement authorities specified in an
applicable Tribal-State compact negotiated under
section 11 of the Indian Gaming Regulatory Act (25
U.S.C. 2710) shall be carried out in accordance with
that compact; and
``(C) if there is no applicable Tribal-State
compact, an appropriate tribal official may institute
proceedings in the same manner as an attorney general
of a State.
No provision of this section shall be construed as altering,
superseding, or otherwise affecting the application of the
Indian Gaming Regulatory Act.
``(4) Notwithstanding paragraph (3), no relief shall be
granted under this section against a financial transaction
provider except as provided in paragraph (1).
``(c) No damages, penalty, or forfeiture, civil or criminal, shall
be found against any person or entity for any act done in compliance
with any notice received from a law enforcement agency.
``(d) Relief granted under this section against an interactive
computer service (as defined in section 230(f) of the Communications
Act of 1934) shall--
``(1) be limited to the removal of, or disabling of access
to, an online site violating section 1084, or a hypertext link
to an online site violating such section, that resides on a
computer server that such service controls or operates; except
this limitation shall not apply if the service is violating
section 1084 or is in active concert with a person who is
violating section 1084 and receives actual notice of the
relief;
``(2) be available only after notice to the interactive
computer service and an opportunity for the service to appear
are provided;
``(3) not impose any obligation on an interactive computer
service to monitor its service or to affirmatively seek facts
indicating activity violating section 1084;
``(4) specify the interactive computer service to which it
applies; and
``(5) specifically identify the location of the online site
or hypertext link to be removed or access to which is to be
disabled.''.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
In addition to any other sums authorized to be appropriated for
this purpose, there are authorized to be appropriated to the Department
of Justice for each of fiscal years 2007 through 2010 $10,000,000 for
investigations and prosecutions of violations of section 1084 of title
18, United States Code.
SEC. 105. RULES OF CONSTRUCTION.
(a) Nothing in this Act may be construed to prohibit any activity
that is allowed under Public Law 95-515 as amended (15 U.S.C. 3001 et
seq.).
(b) Nothing in this Act may be construed to preempt State law
prohibiting gambling.
SEC. 106. SENSE OF CONGRESS.
It is the sense of Congress that this Act does not change which
activities related to horse racing may or may not be allowed under
Federal law. Section 105 is intended to address concerns that this Act
could have the effect of changing the existing relationship between the
Interstate Horseracing Act (15 U.S.C. 3001 et seq.), and other Federal
statutes that were in effect at the time of this Act's consideration;
this Act is not intended to change that relationship; and this Act is
not intended to resolve any existing disagreements over how to
interpret the relationship between the Interstate Horseracing Act and
other Federal statutes.
TITLE II--POLICIES AND PROCEDURES REQUIRED TO PREVENT PAYMENTS FOR
UNLAWFUL GAMBLING
SEC. 201. POLICIES AND PROCEDURES REQUIRED TO PREVENT PAYMENTS FOR
UNLAWFUL GAMBLING.
Chapter 53 of title 31, United States Code, is amended by adding at
the end the following new subchapter:
``SUBCHAPTER IV--POLICIES AND PROCEDURES REQUIRED TO PREVENT PAYMENTS
FOR UNLAWFUL GAMBLING
``Sec. 5361. Definitions
``For purposes of this subchapter, the following definitions shall
apply:
``(1) Credit; creditor; credit card; and card issuer.--The
terms `credit', `creditor', `credit card', and `card issuer'
have the same meanings as in section 103 of the Truth in
Lending Act.
``(2) Designated payment system.--The term `designated
payment system' means any system utilized by a financial
transaction provider that the Secretary and the Board of
Governors 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.
``(3) Electronic fund transfer.--The term `electronic fund
transfer'--
``(A) has the same meaning as in section 903 of the
Electronic Fund Transfer Act, except that such term
includes transfers that would otherwise be excluded
under section 903(6)(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.
``(4) Financial institution.--The term `financial
institution' has the same meaning as in section 903 of the
Electronic Fund 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.
``(5) Financial transaction provider.--The term `financial
transaction provider' means a creditor, credit card issuer,
financial institution, operator of a terminal at which an
electronic fund transfer may be initiated, money transmitting
business, or international, national, regional, or local
payment network 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 designated payment system.
``(6) Insured depository institution.--The term `insured
depository institution'--
``(A) has the same meaning as in section 3 of the
Federal Deposit Insurance Act; and
``(B) includes an insured credit union (as defined
in section 101 of the Federal Credit Union Act).
``(7) Money transmitting business and money transmitting
service.--The terms `money transmitting business' and `money
transmitting service' have the same meanings as in section
5330(d) (determined without regard to any regulations
prescribed by the Secretary thereunder).
``(8) Restricted transaction.--The term `restricted
transaction' means any transaction or transmittal involving any
credit, funds, instrument, or proceeds described in any
paragraph of section 5362 which the recipient is prohibited
from accepting under such section.
``(9) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``(10) Unlawful gambling.--
``(A) In general.--The term `unlawful gambling'
means to place, receive, or otherwise knowingly
transmit a bet or wager by any means which involves the
use of a communication facility 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) Exclusion of certain authorized
transactions.--The term `unlawful gambling' does not
include any intrastate or intratribal transactions
authorized under section 1084(c) of title 18, United
States Code.
``(C) Intermediate routing.--With respect to
section 5362, 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.--The terms `bet or wager',
`communication facility', `gambling business', `own and
control', `person', `State', and `tribal' have the same
meanings as in section 1081 of title 18.
``Sec. 5362. Prohibition on acceptance of any financial instrument for
unlawful gambling
``No person engaged in a gambling business may knowingly accept, in
connection with the participation of another person in unlawful
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
intermediary on behalf of or for the benefit of such other
person.
``Sec. 5363. Policies and procedures to identify and prevent restricted
transactions
``(a) Regulations.--Before the end of the 270-day period beginning
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 appropriate) requiring each
designated payment system, and all participants 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
prevent or prohibit the acceptance of the products or services
of the payment system in connection with a restricted
transaction.
``(b) Requirements for Policies and Procedures.--In prescribing
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 identifying
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; and
``(3) consider exempting 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.
``(c) Compliance With Payment System Policies and Procedures.--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
``(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 of this subchapter
shall be enforced exclusively by--
``(1) the Federal functional regulators, with respect to
the designated payment systems and financial transaction
providers 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
designated payment systems and financial transaction providers
not otherwise subject to the jurisdiction of any Federal
functional regulators (including the Commission) as described
in paragraph (1).''.
SEC. 202. TECHNICAL AND CONFORMING AMENDMENT.
The table of sections for chapter 53 of title 31, United States
Code, is amended by adding at the end the following:
``subchapter iv--policies and procedures required to prevent payments
for unlawful gambling
``5361. Definitions.
``5362. Prohibition on acceptance of any financial instrument for
unlawful gambling.
``5363. Policies and procedures to identify and prevent restricted
transactions.''.
TITLE III--INTERNET GAMBLING IN OR THROUGH FOREIGN JURISDICTIONS
SEC. 301. INTERNET GAMBLING IN OR THROUGH FOREIGN JURISDICTIONS.
(a) In General.--In deliberations between the United States
Government and any other country on money laundering, corruption, and
crime issues, the United States Government should--
(1) encourage cooperation by foreign governments and
relevant international fora in identifying whether Internet
gambling operations are being used for money laundering,
corruption, or other crimes;
(2) advance policies that promote the cooperation of
foreign governments, through information sharing or other
measures, in the enforcement of this Act; and
(3) encourage the Financial Action Task Force on Money
Laundering, in its annual report on money laundering
typologies, to study the extent to which Internet gambling
operations are being used for money laundering purposes.
(b) Report Required.--The Secretary of the Treasury shall submit an
annual report to the Congress on any deliberations between the United
States and other countries on issues relating to Internet gambling.
Passed the House of Representatives July 11, 2006.
Attest:
KAREN L. HAAS,
Clerk.
Calendar No. 519
109th CONGRESS
2d Session
H. R. 4411
_______________________________________________________________________
AN ACT
To prevent the use of certain payment instruments, credit cards, and
fund transfers for unlawful Internet gambling, and for other purposes.
_______________________________________________________________________
July 13, 2006
Read the second time and placed on the calendar