Madam Speaker, I am submitting for the Congressional Record a letter from the National Association of Attorneys General (NAAG) signed by 45 Attorneys General opposing Representative Barney Frank's legislation, H.R. 2046, the ``Internet…
Madam Speaker, I am submitting for the Congressional Record a letter from the National Association of Attorneys General (NAAG) signed by 45 Attorneys General opposing Representative Barney Frank's legislation, H.R. 2046, the ``Internet Gambling Regulation and Enforcement Act of 2007.'' In this letter, these Attorneys General declare that the Unlawful Internet Gambling Enforcement Act of 2006, which provided an additional Federal enforcement tool against Internet gambling and which was signed into law last year, has ``effectively driven many illicit gambling operators from the American marketplace.'' The NAAG letter then goes on to detail the opposition of 45 top law enforcement officials to H.R. 2046. I request that the entirety of this letter be included in the Record immediately following my remarks, including the list of all the signers of this letter.
National Association
of Attorneys General,
Washington, DC, November 30, 2007.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.
Hon. Harry Reid,
Majority Leader, U.S. Senate,
Washington, DC.
Hon. John Boehner,
Minority Leader, House of Representatives,
Washington, DC.
Hon. Mitch McConnell,
Minority Leader, U.S. Senate
Washington, DC.
To the Leadership of the U.S. House of Representatives and
Senate: We, the Attorneys General of our respective States,
have grave concerns about H.R. 2046, the ``Internet Gambling
Regulation and Enforcement Act of 2007.'' We believe that the
bill would undermine States' traditional powers to make and
enforce their own gambling laws.
On March 21, 2006, 49 NAAG members wrote to the leadership
of Congress: ``We encourage the United States Congress to
help combat the skirting of state gambling regulations by
enacting legislation which would address Internet gambling,
while at the same time ensuring that the authority to set
overall gambling regulations and policy remains where it has
traditionally been most effective: at the state level.''
Congress responded by enacting the Unlawful Internet Gambling
Enforcement Act of 2006, UIGEA, which has effectively driven
many illicit gambling operators from the American
marketplace.
But now, less than a year later. H.R. 2046 proposes to do
the opposite, by replacing state regulations with a Federal
licensing program that would permit Internet gambling
companies to do business with U.S. customers. The Department
of the Treasury would alone decide who would receive Federal
licenses and whether the licensees were complying with their
terms. This would represent the first time in history that
the Federal government would be responsible for issuing
gambling licenses.
A Federal license would supersede any state enforcement
action, because Sec. 5387 in H.R. 2046 would grant an
affirmative defense against any prosecution or enforcement
action under any Federal or State law to any person who
possesses a valid license and complies with the requirements
of H.R. 2046. This divestment of state gambling enforcement
power is sweeping and unprecedented.
The bill would legalize Internet gambling in each State.
unless the Governor clearly specifies existing state
restrictions barring Internet gambling in whole or in part.
On that basis, a State may ``opt out'' of legalization for
all Internet gambling or certain types of gambling. However,
the opt-out for types of gambling does not clearly preserve
the right of States to place conditions on legal types of
gambling. Thus, for example, if the State permits poker in
licensed card rooms, but only between 10 a.m. and midnight,
and the amount wagered cannot exceed $100 per day and the
participants must be 21 or older, the Federal law might
nevertheless allow 18-year-olds in that State to wager much
larger amounts on poker around the clock.
Furthermore, the opt-outs may prove illusory. They will
likely be challenged before the World Trade Organization. The
World Trade Organization has already shown itself to be
hostile to U.S. restrictions on Internet gambling. If it
strikes down State opt-outs as unduly restrictive of trade.
the way will be omen to the greatest expansion of legalized
gambling in American history and near total preemption of
State laws restricting Internet gambling.
H.R. 2046 effectively nationalizes America's gambling laws
on the Internet, ``harmonizing'' the law for the benefit of
foreign gambling operations that were defying our laws for
years, at least until UIGEA was enacted. We therefore oppose
this proposal, and any other proposal that hinders the right
of States to prohibit or regulate gambling by their
residents.
Sincerely,
John S. Juthers, Attorney General of Colorado; Bill
McCollum, Attorney General of Florida; Douglas Gansler,
Attorney General of Maryland; Troy King, Attorney
General of Alabama; Talis J. Colberg, Attorney General
of Alaska; Terry Goddard, Attorney General of Arizona;
Dustin McDaniel, Attorney General of Arkansas; Edmund
G. Brown. Jr., Attorney General of California; Richard
Blumenthal, Attorney General of Connecticut; Joseph R.
(Beau) Biden III, Attorney General of Delaware.
Linda Singer, Attorney General of the District of
Columbia; Thurbert E. Baker, Attorney General of
Georgia; Alicia G. Limtiaco, Attorney General of Guam;
Mark J. Bennett, Attorney General of Hawaii; Lawrence
Wasden, Attorney General of Idaho; Lisa Madigan,
Attorney General of Illinois; Stephen Carter, Attorney
General of Indiana; Paul Morrison, Attorney General of
Kansas; Charles C. Foti, Jr., Attorney General of
Louisiana; G. Steven Rowe, Attorney General of Maine.
Lori Swanson, Attorney General of Minnesota; Jim Hood,
Attorney General of Mississippi; Jeremiah W. (Jay)
Nixon, Attorney General of Missouri; Mike McGrath,
Attorney General of Montana; Kelly A. Ayotte, Attorney
General of New Hampshire; Anne Milgram, Attorney
General of New Jersey; Gary King, Attorney General of
New Mexico; Roy Cooper, Attorney General of North
Carolina; Wayne Stenehjem, Attorney General of North
Dakota; Marc Dann, Attorney General of Ohio.
W.A. Drew Edmondson, Attorney General of Oklahoma; Hardy
Myers, Attorney General of Oregon; Tom Corbett,
Attorney General of Pennsylvania; Patrick C. Lynch,
Attorney General of Rhode Island; Henry McMaster,
Attorney General of South Carolina; Larry Long,
Attorney General of South Dakota; Robert E. Cooper,
Jr., Attorney General of Tennessee; Greg Abbott,
Attorney General of Texas; Mark Shurtleff, Attorney
General of Utah; William H. Sorrell, Attorney General
of Vermont.
Robert McDonnell, Attorney General of Virginia; Rob
McKenna, Attorney General of Washington; Darrell V.
McGraw, Jr., Attorney General of West Virginia; J.B.
Van Hollen, Attorney General of Wisconsin; Bruce A.
Salzburg, Attorney General of Wyoming.