,i #aacth ,,congress #ast ,session ,h4 ,r4 #bfff ,,in ,,the ,,house ,,of ,,representatives ,july #aa1 #bjac ,mr4 ,barton introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,financial ,services1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish a program for the licensing of ,internet poker by ,states and federally recognized ,indian tribes1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,internet ,poker ,freedom ,act of #bjac4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,title ,i--,prohibition on ,unlicensed ,internet ,poker and ,protections for ,internet ,poker ,consumers ,sec4 #aja4 ,definitions4 ,sec4 #ajb4 ,prohibition on unlicensed ,internet poker4 ,sec4 #ajc4 ,department of ,commerce qualification and oversight of ,qualified ,regulatory ,authorities4 ,sec4 #ajd4 ,licensing by ,qualified ,regulatory ,authorities4 ,sec4 #aje4 ,enforcement4 ,sec4 #ajf4 ,compulsive gaming1 responsible gaming1 and self-exclusion program requirements4 ,sec4 #ajg4 ,prohibitions and restrictions4 ,sec4 #ajh4 ,safe harbor4 ,sec4 #aji4 ,relation to subchapter ,,iv of chapter #ec of title #ca1 ,united ,states ,code4 ,sec4 #aaj4 ,cheating and other fraud4 ,sec4 #aaa4 ,construction and relation to other law4 ,sec4 #aab4 ,regulations4 ,sec4 #aac4 ,annual reports4 ,sec4 #aad4 ,effective date4 ,title ,,ii--,strengthening of ,unlawful ,internet ,gambling ,enforcement ,act of #bjjf ,sec4 #bja4 ,financial transaction providers4 ,sec4 #bjb4 ,list of unlicensed ,internet gambling enterprises4 ,sec4 #bjc4 ,regulations4 ,sec4 #bjd4 ,conforming amendments4 #b4 ,findings ,congress finds the following3 7#a7 ,since the development of the ,internet1 online ,web sites offering ,internet poker have raised numerous policy1 consumer protection1 and enforcement concerns for ,federal1 ,state1 and tribal governments as such ,web sites are run by operators located in many different countries and have sought to attract customers from the ,united ,states4 7#b7 ,the ,unlawful ,internet ,gambling ,enforcement ,act of #bjjf 7title ,,viii of ,public ,law #aji-cdg2 #abj ,stat4 #aieb7 was intended to aid enforcement efforts against unlawful ,internet operators and to limit unlawful ,internet gaming involving ,united ,states persons4 ,however1 that ,act has only been partially successful in doing so4 7#c7 ,there is uncertainty about the laws of the ,united ,states governing ,internet poker1 though not about laws governing ,internet sports betting4 ,in ,united ,states v4 ,di,cristina a ,federal ,district ,court for the ,eastern ,district of ,new ,york held that poker is a game in which skill is the predominant factor in determining the outcome and that in passing the ,illegal ,gambling ,businesses ,act1 ,congress only intended to criminalize clear games of chance4 7#d7 ,additional tools to assist law enforcement in the prevention of unlawful ,internet gaming activities would be important and beneficial4 ,maintenance of a list of unlicensed ,internet poker enterprises and the owners1 operators1 and key personnel of such enterprises 7as well as entities and related personnel found unsuitable7 would aid those law enforcement efforts and would make the ,unlawful ,internet ,gambling ,enforcement ,act more effective4 7#e7 ,poker is distinct from the class of games of chance traditionally defined as gambling in that players compete against each other1 and not the person or entity hosting the game 7sometimes called the house71 and that over any significant interval the outcome of a poker game is predominantly determined by the skill of the participants4 7#f7 ,united ,states consumers would benefit from a program of ,internet poker regulation which recognizes the interstate nature of the ,internet1 but nevertheless preserves the prerogatives of ,states and federally recognized ,indian tribes4 ,such a system would require strict licensing of ,internet poker providers and would require licensee operators to-- 7,a7 have effective means to prevent minors from playing poker on-line2 7,b7 identify and help treat problem gamblers2 7,c7 prevent minors and players in non-participating ,states2 7,d7 allow players to self-exclude and limit losses2 and 7,e7 prevent money laundering4 7#g7 ,such a program would create a new industry within the ,united ,states creating thousands of jobs and substantial revenue for ,federal1 ,state1 and tribal governments4 ,i ,prohibition on ,unlicensed ,internet ,poker and ,protections for ,internet ,poker ,consumers #aja4 ,definitions ,as used in this title1 the following definitions apply3 7#a7 ,applicant ,the term applicant means any person who has applied for a license pursuant to this title4 7#b7 ,bet or wager 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term bet or wager has the meaning given the term in section #ecfb of title #ca1 ,united ,states ,code4 7,b7 ,exception ,the term bet or wager does not include the following3 7i7 ,interstate horseracing ,a bet or wager that is permissible under the ,interstate ,horseracing ,act of #aigh 7#ae ,u4,s4,c4 #cjja et seq474 7ii7 ,certain intrastate transactions ,placing1 receiving1 or otherwise transmitting a bet or wager-- 7,i7 as described in subparagraph 7,b7 of section #ecfb7aj7 of title #ca1 ,united ,states ,code1 and clarified by subparagraph 7,e7 of such section2 and 7,,ii7 authorized under a license that was issued by a regulatory body of a ,state or federally recognized ,indian tribe on or before the date of enactment of this ,act4 7iii7 ,intrastate lottery transactions ,a bet or wager that is-- 7,i7 a chance or opportunity to win a lottery or other prize 7which opportunity to win is predominantly subject to chance7 authorized by a ,state or federally recognized ,indian tribe2 and 7,,ii7 a placing1 receiving1 or transmitting of a bet or wager as described in such subparagraph 7,b7 and clarified by subparagraph 7,e7 of such section #ecfb7aj74 7iv7 ,intratribal transactions ,placing1 receiving1 or otherwise transmitting a bet or wager as described in subparagraph 7,c7 of such section #ecfb7aj71 as clarified by such subparagraph 7,e74 7#c7 ,casino gaming 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term casino gaming means the full range of casino gaming activity licensed by regulatory bodies of ,states or federally recognized ,indian tribes that would be qualified as class ,,iii gaming under section #d of the ,indian ,gaming ,regulatory ,act 7#be ,u4,s4,c4 #bgjc71 if that ,act were applicable to the gaming4 7,b7 ,exception ,the term casino gaming does not include lotteries of ,states or federally recognized ,indian tribes4 7#d7 ,casino gaming facility ,the term casino gaming facility means a facility that provides casino gaming on a riverboat1 at a race track1 or in another facility that hosts gaming devices in one physical location pursuant to a duly authorized license issued by a gaming regulatory authority of a ,state or ,indian tribe and has not fewer than #ejj slot machines4 7#e7 ,commission ,the term ,commission means the ,national ,indian ,gaming ,commission4 7#f7 ,gaming device 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term gaming device means any computer-based gambling machine1 including slot machines and video lottery terminals that have been approved by a gaming regulatory authority of a ,state or federally recognized ,indian tribe4 7,b7 ,exceptions ,the term gaming device does not include-- 7i7 machines that process bets or wagers for parimutuel betting pools or class ,,ii gaming devices qualified under section #d of the ,indian ,gaming ,regulatory ,act 7#be ,u4,s4,c4 #bgjc72 or 7ii7 a personal computer4 7#g7 ,independent testing laboratory ,the term independent testing laboratory means a testing laboratory that is accredited by an international accreditation body approved by the ,secretary and is not owned or controlled by an ,internet gaming facility1 an electronic gambling equipment vendor1 manufacturer1 or retailer1 or an ,internet gambling operator4 7#h7 ,indian lands and federally recognized ,indian tribe ,the terms ,indian lands and federally recognized ,indian tribe have the meanings given the terms ,indian lands and ,indian tribes1 respectively1 in section #d of the ,indian ,gaming ,regulatory ,act 7#be ,u4,s4,c4 #bgjc74 7#i7 ,internet ,the term ,internet has the meaning given the term in section #ecfb of title #ca1 ,united ,states ,code4 7#aj7 ,internet poker ,the term ,internet poker means a poker game1 hand1 tournament1 or other contest of poker offered through the use of an ,internet poker facility4 7#aa7 ,internet poker facility ,the term ,internet poker facility means an ,internet ,web site1 or similar communications facility in which transmissions may cross ,state boundaries1 through which a bet or wager is initiated1 received1 or otherwise made1 solely with respect to a game1 hand1 tournament1 or other contest of poker1 whether transmitted by telephone1 ,internet1 satellite1 or other wire or wireless communication facility1 service1 or medium4 7#ab7 ,licensee ,the term licensee means a person who operates an ,internet poker facility under a license issued by a qualified regulatory authority pursuant to this title4 7#ac7 ,operate an ,internet poker facility ,the term operate an ,internet poker facility means to conduct1 direct1 manage1 own1 supervise1 or control an ,internet poker facility4 7#ad7 ,poker ,the term poker means any of several card games commonly known as poker in which players compete against each other1 and not against any person1 entity1 or fellow player hosting the game 7sometimes called the house71 the outcome of which1 over any significant interval1 is predominantly determined by the skill of the players4 7#ae7 ,qualified regulatory authority ,the term qualified regulatory authority means-- 7,a7 a ,state agency or regulatory body that has been designated as a qualified regulatory authority under section #ajc7;c72 7,b7 the designated regulatory authority of a federally recognized ,indian tribe authorized to game under the ,indian ,gaming ,regulatory ,act and designated as a qualified regulatory authority under section #ajc7;c72 or 7,c7 the ,office of ,internet ,poker ,oversight established under section #ajc7;b74 7#af7 ,qualified card room ,the term qualified card room means a facility that has been licensed by a ,state or federally recognized ,indian tribe to provide at least #age tables in one physical facility for bets or wagers on poker4 7#ag7 ,remote gaming equipment 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term remote gaming equipment means electronic or other equipment principally used by or on behalf of an operator of an ,internet poker facility1 including by any significant vendor to such operator1 to-- 7i7 register a person's participation in ,internet poker and to store information relating thereto2 7ii7 present to persons who are participating or who may participate in ,internet poker the game that is to be played2 7iii7 determine all or part of1 or the effect of1 a result relevant to a game1 hand1 tournament1 or other contest of ,internet poker and to store information relating thereto2 7iv7 accept payment with respect to ,internet poker from the player2 or 7v7 authorize payment of any winnings in respect of ,internet poker4 7,b7 ,exception ,the term remote gaming equipment does not include the following3 7i7 ,equipment used for business continuity1 back-up1 excess capacity1 or other secondary use4 7ii7 ,a computer which is used by a person to participate in ,internet poker unless the computer is provided by or on behalf of the person who is conducting or providing the facilities for the game4 7iii7 ,equipment operated in the ordinary course of providing banking1 telecommunications1 or payment processing services4 7iv7 ,such other equipment that provides ancillary services as the ,secretary considers appropriate4 7#ah7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#ai7 ,significant vendor ,the term significant vendor means a person who-- 7,a7 on behalf of a licensee1 knowingly manages1 administers1 or controls bets or wagers that are initiated1 received1 or otherwise made within the ,united ,states2 7,b7 on behalf of a licensee1 knowingly manages1 administers1 or controls the games with which such bets or wagers are associated2 7,c7 on behalf of a licensee1 develops1 maintains1 or operates the software or other system programs or hardware on which the games or the bets or wagers are managed1 administered1 or controlled2 7,d7 provides the trademarks1 trade names1 service marks1 or similar intellectual property under which a licensee identifies its ,internet poker facility to its customers in the ,united ,states2 7,e7 sells1 licenses1 or otherwise receives compensation for selling or licensing information via a database or customer list on individuals in the ,united ,states selected in whole or in part because they made bets or wagers with an ,internet gambling facility not licensed either pursuant to this title or by a ,state or federally recognized ,indian tribe as permitted under this title2 7,f7 provides any products1 services1 or assets to a licensee and is paid a percentage of gaming revenue or ,internet poker commission fees by the licensee 7not including fees to financial institutions and payment providers for facilitating a deposit by a customer72 or 7,g7 with respect to an applicant1 proposes to provide any of the activities1 services1 or items identified in subparagraphs 7,a7 through 7,e74 7#bj7 ,state ,the term ,state means each of the several ,states of the ,united ,states1 the ,district of ,columbia1 and any commonwealth1 territory1 or possession of the ,united ,states4 #ajb4 ,prohibition on unlicensed ,internet poker 7a7 ,prohibition 7#a7 ,in general ,it shall be unlawful for a person to operate an ,internet poker facility without a license in good standing issued to such person by a qualified regulatory authority under this title4 7#b7 ,exception ,paragraph 7#a7 shall not apply to the operation of an ,internet poker facility by a person located outside the ,united ,states in which bets or wagers are initiated1 received1 or otherwise made by individuals located outside the ,united ,states4 7b7 ,criminal penalties ,any person who violates this section shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #e years1 or both4 #ajc4 ,department of ,commerce qualification and oversight of ,qualified ,regulatory ,authorities 7a7 ,commerce responsibilities and powers ,the ,secretary1 in the case of a ,state1 and the ,commission1 in the case of a federally recognized ,indian tribe1 shall have responsibility and authority for the following activities3 7#a7 ,reviewing and qualifying regulatory authorities to issue licenses under this title4 7#b7 ,exercising oversight over qualified regulatory authorities to ensure that such authorities-- 7,a7 comply with the requirements of this title2 and 7,b7 carry out their regulatory and enforcement functions under this title with appropriate diligence4 7#c7 ,investigating and taking appropriate remedial action with respect to any qualified regulatory authority4 7#d7 ,prescribing such regulations as may be necessary to administer and enforce the provisions of this title4 7b7 ,office of ,internet ,poker ,oversight 7#a7 ,establishment ,the ,secretary shall establish an office in the ,department of ,commerce to be known as the ,office of ,internet ,poker ,oversight 7in this subsection referred to as the office7 to exercise the functions of the ,secretary set out in this title4 7#b7 ,director and delegation of authority ,the ,secretary shall appoint a ,director of the office from among individuals who have demonstrated experience and expertise in regulating gaming activities and may delegate to the ,director any authority1 duty1 or responsibility conferred upon the ,secretary by this title4 7c7 ,designation of qualified regulatory authorities 7#a7 ,qualification of regulatory authorities ,the ,secretary1 in the case of a ,state1 or the ,commission1 in the case of a federally recognized ,indian tribe1 shall qualify any regulatory authority that is designated to the ,secretary or the ,commission by a ,state or federally recognized ,indian tribe1 respectively1 that wishes to participate in the licensing program to carry out the licensing and other functions under this title if the ,secretary1 in the case of a ,state1 or the ,commission1 in the case of a federally recognized ,indian tribe1 determines that such regulatory authority meets the minimum standards for qualification prescribed under paragraph 7#b74 7#b7 ,minimum standards for qualified regulatory authorities ,the ,secretary1 in consultation with the ,national ,indian ,gaming ,commission1 shall prescribe minimum standards for qualifying a qualified regulatory authority under this subsection1 including minimum standards-- 7,a7 relating to the size and qualification of staff of the regulatory authority to ensure a sufficient number of enforcement agents with experience in gaming regulatory enforcement areas to discharge its intended functions and that the applicant have the sophistication and resources necessary to evaluate issues unique to the ,internet environment2 7,b7 relating to the length of time the applicant 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 title2 7,c7 for assessing the applicant's experience and willingness to work with ,federal authorities1 including the ,financial ,crimes ,enforcement ,network2 7,d7 prohibiting conflicts of interest to ensure that qualified regulatory authorities are not controlled1 directly or indirectly1 by persons that have any significant ownership interest in entities regulated under this title2 7,e7 for the capacity and experience of a qualified regulatory authority in conducting rigorous suitability reviews2 7,f7 for the enforcement and regulatory authorities provided to the applicant under the law of the applicable ,state or federally recognized ,indian tribe1 including investigative authority1 authority to impose requirements on licensees1 and authority to impose civil or other penalties2 and 7,g7 the ,secretary1 in consultation with the ,commission considers relevant to the ability of a regulatory authority to serve as an effective qualified regulatory authority4 7#c7 ,withdrawal of qualification 7,a7 ,in general ,beginning on the date that is #a year after the date on which the ,secretary prescribes final regulations under this title1 the ,secretary1 in the case of a ,state1 or the ,commission1 in the case of a federally recognized ,indian tribe1 may1 after providing #fj days notice to a qualified regulatory authority1 withdraw the qualification of such regulatory authority under this section if the ,secretary or ,commission1 respectively1 determines that the regulatory authority is not in compliance with the minimum standards established under paragraph 7#b7 or other requirements of this title4 7,b7 ,opportunity to comply ,the ,secretary1 in the case of a ,state1 or the ,commission1 in the case of a federally recognized ,indian tribe1 may provide a qualified regulatory authority who receives notice under subparagraph 7,a7 with an opportunity to come into compliance for a period of not more than #ahj days4 ,the ,secretary1 in the case of a ,state1 or the ,commission1 in the case of a federally recognized ,indian tribe1 may extend such period by not more than #ahj additional days if the qualified regulatory authority has made substantial progress toward compliance as of the expiration of the first #ahj-;day period4 7,c7 ,effect of notice ,a qualified regulatory authority that receives notice under subparagraph 7,a7 may not issue any new licenses under this title until the ,secretary1 in the case of a ,state1 or the ,commission1 in the case of a federally recognized ,indian tribe1 determines that the qualified regulatory authority is in compliance with the requirements of this title and regulations prescribed thereunder4 7,d7 ,right to appeal ,a qualified regulatory authority 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 discretion4 7#d7 ,action upon withdrawal of qualification 7,a7 ,in general ,except as provided in subparagraph 7,b71 not later than #cj days after the date on which the ,secretary1 in the case of a ,state1 or the ,commission1 in the case of a federally recognized ,indian tribe1 withdraws the qualification of a qualified regulatory authority under paragraph 7#c71 each person with a license issued by the qualified regulatory authority shall-- 7i7 7,i7 cease offering1 accepting1 and providing services with respect to bets or wagers from persons located in the ,united ,states under such license2 and 7,,ii7 return all customer deposits or place those sums the return of which to ,united ,states customers is not feasible due to change in customer address1 bank details1 or similar difficulty1 in escrow in an account with a financial institution in the ,united ,states for safekeeping and orderly disposition by the ,secretary2 or 7ii7 apply for a new license from a different qualified regulatory authority4 7,b7 ,interim operation ,if a person applies for a new license under clause 7ii7 of subparagraph 7,a71 the person may continue the activities described in clause 7i77,i7 of such subparagraph until final action is taken on the license application by the qualified regulatory authority4 7,c7 ,interim regulatory oversight ,until final action is taken under subparagraph 7,b7 with respect to a person1 the ,secretary1 in the case of a ,state1 or the ,commission1 in the case of a federally recognized ,indian tribe1 shall have enforcement and regulatory authority over the licensed activities of such person4 7d7 ,oversight of qualified regulatory authorities ,the ,secretary1 in the case of a ,state1 or the ,commission1 in the case of a federally recognized ,indian tribe1 may investigate and take such action as the ,secretary considers appropriate with respect to any qualified regulatory authority that appears1 based upon the ,secretary's or ,commission's own inquiry or based upon credible information provided by other persons1 including licensees or law enforcement officials1 to be deficient or substantially less rigorous than other qualified regulatory authorities in the discharge of its responsibilities under this title4 7e7 ,consultation with federally recognized ,indian tribes ,in implementing this title1 the ,secretary and the ,commission shall conduct meaningful consultation with federally recognized ,indian tribes regarding all aspects of this title which affect federally recognized ,indian tribes4 #ajd4 ,licensing by ,qualified ,regulatory ,authorities 7a7 ,internet poker facility licensing program 7#a7 ,authority to operate ,internet poker facility under valid license ,notwithstanding any other provision of law and subject to the provisions of this title1 a licensee may accept a bet or wager with respect to ,internet poker from an individual located in the ,united ,states and may offer related services so long as the license of the licensee issued under this title remains in good standing4 7#b7 ,significant vendors ,if a person seeks a certificate of suitability from a qualified regulatory authority to provide services to a licensee or applicant as a significant vendor with respect to an ,internet poker facility1 such person shall not be required to obtain a license under this title to provide such services with respect to that ,internet poker facility4 7#c7 ,prohibitions imposed by ,states or federally recognized ,indian tribes 7,a7 ,action by a ,state ,no licensee may engage1 under any license issued under this title1 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 prohibit such bets or wagers1 if the ,governor or other chief executive officer of such ,state informs the ,secretary of such prohibition in a letter that identifies the nature and extent of such prohibition4 7,b7 ,changes to ,state prohibitions ,the establishment1 repeal1 or amendment by a ,state of any prohibition described in subparagraph 7,a7 shall apply1 for purposes of this title1 beginning on the day that occurs after the end of the #fj-;day period beginning on the later of-- 7i7 the date a notice of such establishment1 repeal1 or amendment is provided by the ,governor or other chief executive officer of such ,state in writing to the ,secretary2 or 7ii7 the effective date of such establishment1 repeal1 or amendment4 7,c7 ,application of ,state action to tribal lands of federally recognized ,indian tribes ,any ,state prohibition described in subparagraph 7,a7 shall not apply to the acceptance by a licensee of bets or wagers from persons located within the tribal lands of a federally recognized ,indian tribe that-- 7i7 has itself not opted out pursuant to subsection 7b72 or 7ii7 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 ,internet4 7,d7 ,actions by a federally recognized ,indian tribe ,no ,internet poker licensee knowingly may accept a bet or wager from a person located in the tribal lands of any federally recognized ,indian tribe which prohibits such gambling activities or other contests if the principal chief or other chief executive officer of such federally recognized ,indian tribe informs the ,secretary of such prohibition in a letter that identifies the nature and extent of such prohibition4 7,e7 ,changes to ,state and federally recognized ,indian tribe prohibitions ,the establishment1 repeal1 or amendment by any federally recognized ,indian tribe of any prohibition referred to in subparagraph 7,d7 shall apply1 for purposes of this title1 beginning on the day that occurs after the end of the #fj-;day period beginning on the later of-- 7i7 the date a notice of such establishment1 repeal1 or amendment is provided by the principal chief or other chief executive officer of such federally recognized ,indian tribe in writing to the ,secretary2 or 7ii7 the effective date of such establishment1 repeal1 or amendment4 7,f7 ,notification and ,enforcement of ,state and ,tribe prohibitions 7i7 ,notification and measures to ensure compliance ,the ,secretary shall notify all licensees and applicants of all ,states and federally recognized ,indian tribes that have provided notice pursuant to subparagraph 7,a77ii7 or 7,c77ii71 as the case may be1 promptly upon receipt of such notice and in no event fewer than #cj days before the effective date of such notice4 ,the ,secretary shall take effective measures to ensure that any licensee under this subchapter1 as a condition of the license1 complies with any limitation or prohibition imposed by any ,state or federally recognized ,indian tribe to which the licensee is subject4 7ii7 ,violations ,a violation of subparagraph 7,a7 or 7,c7 shall be a violation of this title enforceable under section #aje4 7b7 ,application for license 7#a7 ,application ,except as provided in subparagraph 7,b71 a person seeking to operate an ,internet poker facility under this title shall submit to the qualified regulatory authority of the ,state or federally recognized ,indian tribe where servers for such ,internet poker facility are located or will be located an application for a license at such time1 in such form1 and in such manner as the qualified regulatory authority considers appropriate1 including at a minimum the following3 7,a7 ,complete financial information about the applicant4 7,b7 ,documentation showing the organization of the applicant and all related businesses and affiliates4 7,c7 ,the criminal and financial history of-- 7i7 the applicant2 7ii7 each of the senior executives and directors of the applicant2 7iii7 any other person who is in control of the applicant2 and 7iv7 such other persons as the qualified regulatory authority considers appropriate4 7,d7 ,such other information as may be necessary for the suitability analysis required under subsection 7c74 7,e7 ,disclosure of all other applications for licenses previously or simultaneously submitted under this paragraph to other qualified regulatory authorities and whether those applications are pending1 were granted1 or were denied4 7,f7 ,a detailed description of the applicant's plan for complying with all applicable requirements and regulations prescribed pursuant to this title4 7,g7 ,a certification by the applicant that the applicant agrees to be subject to-- 7i7 jurisdiction in ,federal courts and in the courts of the ,state or federally recognized ,indian tribe of the qualified regulatory authority to which the applicant has applied2 and 7ii7 all applicable provisions of ,federal law4 7#b7 ,notice to the ,secretary ,each qualified regulatory authority shall report all applicants for licensure and the dispositions of their applications to the ,secretary promptly upon disposition of each application or in such intervals as the ,secretary may prescribe4 ,such report shall include such information or documentation as the ,secretary may require4 7c7 ,standards for license issuance2 suitability qualifications and disqualification standards 7#a7 ,suitability for licensing ,no applicant shall be eligible to obtain a license under this title unless a qualified regulatory authority1 with whom the applicant has filed an application for a license1 has determined1 upon completion of a background check and investigation1 that the applicant1 any person deemed to be in control of the applicant1 all significant vendors of the applicant1 and any other person determined by the qualified regulatory authority as having significant influence on the applicant are suitable for licensing or for receiving a certificate of suitability as applicable4 7#b7 ,investigation 7,a7 ,determination of suitability ,prior to issuing a license under this section1 a qualified regulatory authority shall conduct the investigation and analysis described in paragraph 7#a7 to determine whether the applicant or person-- 7i7 is a person of good character1 honesty1 and integrity2 7ii7 is a person whose prior activities1 criminal record1 if any1 reputation1 habits1 and associations do not-- 7,i7 pose a threat to the public interest or to the effective regulation and control of ,internet poker facilities2 or 7,,ii7 create or enhance the dangers of unsuitable1 unfair1 or illegal practices1 methods1 and activities in the conduct of ,internet poker facilities or the carrying on of the business and financial arrangements incidental to such facilities2 7iii7 is capable of and likely to conduct the activities for which the applicant is licensed or receives a certificate of suitability in accordance with the provisions of this title1 any regulations prescribed under this title1 and all other applicable laws2 7iv7 with respect to applicants1 has or guarantees acquisition of adequate business competence and experience in the operation of casino gaming facilities or ,internet poker facilities2 7v7 with respect to applicants1 has or will obtain sufficient financing for the nature of the proposed operation and from a source that the qualified regulatory authority has not found unsuitable under the criteria established under subparagraph 7,b72 and 7vi7 has disclosed to the qualified regulatory authority all known affiliations or relationships1 whether direct or indirect4 7,b7 ,unsuitable ,an applicant or any other person may not be determined to be suitable under this subsection if the applicant or such person-- 7i7 has failed to provide information and documentation material to a determination of suitability for licensing under paragraph 7#a72 7ii7 has supplied information which is untrue or misleading as to a material fact pertaining to any such determination2 7iii7 has been convicted of an offense that is punishable by imprisonment of more than #a year2 7iv7 is delinquent in the payment of any applicable ,federal or ,state tax1 tax penalty1 addition to tax1 or interest owed to a jurisdiction in which the applicant or person operates or does business1 unless such payment has been extended or is the subject of a pending judicial or administrative dispute2 7v7 has not certified in writing that the person submits to personal jurisdiction in the ,united ,states2 or 7vi7 fails to comply with such other standard as the applicable qualified regulatory authority considers appropriate4 7,c7 ,ineligibility due to prior engagement in unlawful ,internet poker 7i7 ,no applicant nor any other person may be eligible for a license or certificate of suitability under this section if such applicant or person has been convicted of accepting bets or wagers from any other person through an ,internet poker facility in felony violation of ,federal or ,state law4 ,the ineligibility of an applicant or other person under this subparagraph shall terminate on the date that is #e years after the date on which the first license is issued under this section4 7ii7 ,no applicant or person who has purchased the assets of a person described in clause 7i7 subsequent to the enactment of this ,act shall be eligible for a license or certificate of suitability under this section until the date that is #e years after the date on which the first license is issued4 7#c7 ,ongoing requirement ,a licensee 7and any other person who is required to be determined to be suitable for licensing in connection with such licensee7 shall meet the standards necessary to be suitable for licensing or to receive a certificate of suitability1 as the case may be1 throughout the term of the license4 7#d7 ,certificate of suitability for significant vendors 7,a7 ,in general ,if a qualifying body determines under paragraph 7#a7 that a significant vendor of an applicant is suitable under such paragraph1 the qualifying body shall issue a certificate to such vendor that certifies the suitability of such vendor4 7,b7 ,revocation of certificate ,a qualified regulatory authority that issues a certificate to a significant vendor under subparagraph 7,a7 shall revoke the certificate if at any time the significant vendor no longer meets the standards necessary for a determination of suitability4 7,c7 ,certificates issued by other qualified regulatory authority ,a qualified regulatory authority may1 but need not1 accept a certificate issued to a significant vendor by another qualified regulatory authority as evidence of the suitability of the significant vendor4 7#e7 ,other vendors 7,a7 ,notice ,a licensee shall promptly notify the qualified regulatory authority that issued the license to the licensee of all persons that are not significant vendors that-- 7i7 direct1 provide1 or solicit customers to or for the licensee's ,internet poker facility1 or materially assist in any of those tasks1 in return for a commission or other fee2 7ii7 hold themselves out to the public as offering bets or wagers on licensee's behalf2 7iii7 offer bets or wagers under their own names or brands but using and relying on licensee's ,internet poker facilities2 7iv7 license trademarks1 trade names1 service marks1 or other similar intellectual property to the licensee2 or 7v7 own a substantial interest in or control a person described in clause 7i71 7ii71 7iii71 or 7iv74 7,b7 ,suitability of other vendors and persons ,a qualified regulatory authority that reviews an application of an applicant for a license or issues a license to a licensee may1 at the sole discretion of the qualified regulatory authority and on a case-by-case basis1 require as a condition of such license that a person meet suitability requirements under paragraph 7#a7 if the person-- 7i7 is described in subparagraph 7,a7 with respect to the applicant or licensee2 7ii7 provides services to an applicant or licensee and the qualified regulatory authority determines that with respect to such services1 there is a substantial risk of circumvention of the suitability requirements applicable to significant vendors2 or 7iii7 is associated with the applicant or licensee or one of the significant vendors of the applicant or licensee and the qualified regulatory authority determines such person may pose a threat to the integrity of ,internet poker facilities operated by the applicant or licensee4 7,c7 ,information ,a qualified regulatory authority may require such information from an applicant1 licensee1 significant vendor or other person identified in this paragraph as the qualified regulatory authority considers necessary to carry out this paragraph4 7#f7 ,enforcement actions 7,a7 ,in general ,if the ,secretary or the qualified regulatory authority that issued a license to a licensee finds that the licensee1 or any other person that is subject to a required determination of suitability in connection with such licensee1 fails to meet the suitability requirements of this subsection at any time during the tenure of the license1 the ,secretary or the qualified regulatory authority may take action to protect the public interest1 including1 if the ,secretary or qualified regulatory authority considers necessary1 the suspension or termination of the license4 7,b7 ,imposition of conditions including removal of parties ,notwithstanding a determination under subparagraph 7,a71 the ,secretary or the qualified regulatory authority that issued a license to a licensee may allow the licensee to continue engaging in licensed activities by imposing conditions on the person to which subparagraph 7,a7 is applicable under penalty of revocation or suspension of a license or certificate of suitability1 including-- 7i7 the identification of any person determined to be unsuitable2 and 7ii7 the establishment of appropriate safeguards to ensure such person is excluded from any management or involvement in operation of the licensed activities4 7#g7 ,administrative provisions 7,a7 ,background check and investigation ,each qualified regulatory authority shall establish standards and procedures for conducting background checks and investigations for purposes of this subsection4 7,b7 ,privilege ,any written or oral statement made in the course of an official proceeding of the ,secretary or a qualified regulatory authority1 by any member thereof1 or any witness testifying under oath which is relevant to the purpose of the proceeding and relates to the review of an application for a license under this title1 is privileged and shall not give rise to liability for defamation or relief in any civil action4 7,c7 ,additional privilege ,notwithstanding section #eeb of title #e1 ,united ,states ,code1 or any other ,federal1 ,state1 or tribal law to the contrary1 any communication or document of an applicant1 licensee1 significant vendor1 or affiliate thereof1 which is made or transmitted pursuant to this title to the ,secretary or a qualified regulatory authority or any of their agents or employees1 except information that is already public1 shall be privileged and shall not be disclosed by the ,secretary or the qualified regulatory authority without the prior written consent of the applicant1 licensee1 significant vendor1 or affiliate thereof 7as applicable71 or pursuant to a lawful court order1 grand jury subpoena1 or similar procedure4 ,to the extent practicable1 the ,secretary or qualified regulatory authority shall provide timely notice of the proceedings to the applicant1 licensee1 significant vendor1 or affiliate thereof 7as applicable74 7,d7 ,preservation of privilege recognized under other provisions of law ,any privilege recognized under any other applicable provision of ,federal1 ,state1 or tribal law1 including attorney-client1 physician-patient1 and accountant-client privileges1 shall not be waived or lost because a document or communication otherwise protected by the privilege is disclosed to the ,secretary or a qualified regulatory authority4 7,e7 ,confidentiality ,any communication or document1 except information that is already public1 shall be treated as confidential and may not be disclosed1 in whole or part1 by the ,secretary or a qualified regulatory authority without a lawful court order or as otherwise expressly required by law1 if the communication or document is-- 7i7 required by the ,secretary or qualified regulatory authority to be disclosed by the applicant1 licensee1 or significant vendor1 including applications1 financial or earnings information1 and criminal records1 whether of the applicant or licensee or of any affiliate1 employee1 officer1 director1 or significant vendor thereof1 or of any other third party2 or 7ii7 prepared or obtained by an agent or employee of the ,secretary or qualified regulatory authority that contains information described in clause 7i74 7d7 ,additional requirements for a license ,in order to obtain a license under this section1 an ,internet poker facility shall demonstrate to the qualified regulatory authority that such facility maintains appropriate safeguards and mechanisms1 in accordance with standards established by the qualified regulatory authority1 including appropriate safeguards and mechanism to-- 7#a7 ensure1 to a reasonable degree of certainty1 that the individual placing a bet or wager is not less than #ba years of age2 7#b7 ensure1 to a reasonable degree of certainty1 that the individual placing a bet or wager is physically located in a jurisdiction that has not prohibited such bets or wagers at the time the bet or wager is placed2 7#c7 ensure1 to a reasonable degree of certainty1 that all taxes relating to ,internet poker from persons engaged in bets or wagers relating to such ,internet poker are collected or reported1 as required by law1 at the time of any payment of proceeds of such bets or wagers2 7#d7 ensure that all taxes relating to the operation of an ,internet poker facility from any licensee are collected and disbursed as required by law and that adequate records to enable later audit or verification are maintained2 7#e7 prevent1 to a reasonable degree of certainty1 fraud1 money laundering1 and terrorist financing2 7#f7 ensure1 to a reasonable degree of certainty1 compliance with the requirements of section #ajf2 7#g7 protect1 to a reasonable degree of certainty1 the privacy and online security of any person engaged in bets or wagers with the licensee's ,internet poker facility2 7#h7 ensure that any user fee required under subsection 7e7 is paid to the qualified regulatory authority2 7#i7 ensure1 to a reasonable degree of certainty1 that ,internet poker games are fair and honest1 and to prevent1 to a reasonable degree of certainty1 cheating1 including collusion1 and use of cheating devices1 including use of software programs 7sometimes referred to as bots7 that make bets or wagers according to algorithms2 and 7#aj7 such other mechanisms and safeguards as the qualified regulatory authority shall require1 including independent testing of hardware1 software1 communication equipment1 and other necessary devices to ensure the integrity1 accountability1 randomness of play and security of the network4 7e7 ,fees for administrative expenses 7#a7 ,user fees 7,a7 ,in general ,the cost of administering this title with respect to each applicant1 licensee1 and significant vendor1 including the cost of any review or examination of a licensee or its significant vendors to ensure compliance with the terms of the license and this title1 shall be assessed by the qualified regulatory authority receiving an application or issuing a license against the applicant1 licensee1 or significant vendor1 as the case may be1 by written notice in an amount that the qualified regulatory authority determines is necessary to-- 7i7 meet the qualified regulatory authority's expenses in carrying out such administration1 review1 or examination2 and 7ii7 to cover the qualified regulatory authority's share of the amount determined by the ,secretary under paragraph 7#c7 to cover the expenses incurred by the ,secretary in carrying out the provisions of this title4 7,b7 ,expenses for review or examination ,expenses that are attributable to review or examination of a particular applicant1 licensee1 or significant vendor shall be assessed under subparagraph 7,a7 against that applicant1 licensee1 or significant vendor4 7,c7 ,expenses for general administration ,expenses for general administration shall be assessed against all licensees equally4 7,d7 ,disposition of user fees ,amounts assessed by a qualified regulatory authority as user fees under this paragraph shall-- 7i7 be remitted to the ,secretary1 in the amount of that ,state's or federally recognized ,indian tribe's share as determined under paragraph 7#c7 for deposit in the ,treasury in accordance with subparagraph 7,b7 of such paragraph2 and 7ii7 7,i7 be available to the qualified regulatory authority to cover expenses incurred by the qualified regulatory authority in carrying out the provisions of this title2 and 7,,ii7 not be construed to be ,government funds or appropriated monies1 or subject to apportionment for the purposes of any other provision of law4 7,e7 ,collection 7i7 ,referral ,if a licensee or significant vendor fails to pay a user fee to a qualified regulatory authority under this paragraph after the assessment of the fee has become final-- 7,i7 the qualified regulatory authority may recover the amount assessed by action in any ,state or tribal court in the jurisdiction of the qualified regulatory authority1 or in any appropriate ,united ,states district court1 along with any costs of collection and attorney fees2 and 7,,ii7 such failure may be grounds for denial of an application for a license under this title or revocation of a license or certificate of suitability under this title4 7ii7 ,assessment reviewable ,in any civil action under clause 7i71 a court may review the validity and adjust the amount of the user fees4 7,f7 ,user fees of significant vendors may be paid by applicants and licensees ,a user fee assessed against a significant vendor may be paid by an applicant or licensee on behalf of the significant vendor4 7#b7 ,direct and exclusive obligation of licensee ,with respect to a licensee1 a user fee shall be the direct and exclusive obligation of the licensee and may not be deducted from amounts available as deposits to any person placing a bet or wager with the licensee4 7#c7 ,user fees established by ,secretary 7,a7 ,in general ,the ,secretary shall determine the funding requirements necessary to meet the ,secretary's cost of administering this title and notify each qualified regulatory authority of its proportional share to be collected by such regulatory authority under paragraph 7#a77;,a74 7,b7 ,disposition of user fees ,amounts remitted to the ,secretary under paragraph 7#a77;,d77i7 shall-- 7i7 be deposited into a separate account in the ,treasury to be known as the ,internet ,poker ,oversight ,fund2 and 7ii7 be available to the ,secretary in such amounts1 subject to appropriations1 to cover expenses incurred by the ,secretary in carrying out the provisions of this title4 7f7 ,approval of license 7#a7 ,in general ,a qualified regulatory authority may issue licenses under this title for the operation of an ,internet poker facility to any applicant that-- 7,a7 owns or controls a company that operates a casino gaming facility or qualified card room and owned or controlled such facility or card room on the date that is #aj days before the date of enactment of this ,act2 7,b7 for the duration of the #e-year period ending on the date on which the applicant submits an application under subsection 7b77#a71 owned or controlled a casino gaming facility or qualified card room2 7,c7 is owned or controlled by a person who-- 7i7 owns or controls a company that operates a casino gaming facility or qualified card room and owned or controlled such facility or card room on the date that is #aj days before the date of enactment of this ,act2 or 7ii7 for the duration of the #e-year period ending on the date on which the applicant submits an application under subsection 7b77#a71 owned or controlled a casino gaming facility or qualified card room2 7,d7 for the duration of the #e-year period ending on the date on which the applicant submits an application under subsection 7b77#a71 under license issued by a ,state or federally recognized ,indian tribe manufactured and supplied to casino gaming facilities with not fewer than #ejj slot machines2 and 7,e7 meets other criteria established by the ,secretary or by the qualified regulatory authority under this title4 7#b7 ,expansion of licensees only if no risk to public ,beginning on the date that is #b years after the date of first issuance specified in section #aae7;b71 the ,secretary may1 by rule1 authorize the issuance of licenses to applicants other than those described in paragraph 7#a7 if the ,secretary determines1 after providing the public with notice and an opportunity to comment1 that such authorization will not significantly increase the risk that the standards described in subsection 7d7 will not be satisfied by licensees4 7#c7 ,authority of ,secretary to revoke licenses ,notwithstanding any certificate of suitability or license issued by a qualified regulatory authority1 the ,secretary may suspend or revoke such certificate or license if the ,secretary has reason to believe that the recipient does not meet the suitability requirements established under subsection 7c7 or1 as applicable1 any other requirement imposed on a licensee under this title4 ,the ,secretary may not overturn a decision by a qualified regulatory authority to deny or to terminate a license or to deny or revoke a certificate of suitability4 7#d7 ,conflicts between qualified regulatory authorities ,if a qualified regulatory authority denies a license1 terminates a license1 denies a certificate of suitability1 or revokes a certificate of suitability to a person and within #ab months of such denial1 termination1 or revocation another qualified regulatory authority grants such person a license or certificate of suitability1 the ,secretary shall-- 7,a7 commence a review of such license or certificate of suitability2 and 7,b7 not later than #ij days after such commencement1 determine whether to act under paragraph 7#c74 7#e7 ,control defined ,in this subsection1 the term control means1 with respect to a person1 the possession1 directly or indirectly1 of the power to direct or influence the direction of the management or policies of the person1 whether through the ownership of voting securities1 through a management1 executive officer1 or board position1 by shareholders or similar agreement1 or otherwise4 7g7 ,location of remote gaming equipment ,a licensee shall maintain its remote gaming equipment within the territory of the ,united ,states throughout the term of its license4 ,a qualified regulatory authority shall require applicants that seek a license from such qualified regulatory authority to locate that equipment within the territory of the ,state or on the ,indian land of the tribe of the qualified regulatory authority4 7h7 ,license is a privilege not a right ,a decision by a qualified regulatory authority not to grant a person a license or certificate of suitability1 or to terminate a license1 or revoke a certificate of suitability1 is not reviewable under ,federal law or the law of any jurisdiction other than the jurisdiction of the qualified regulatory authority4 ,the ,state or federally recognized ,indian tribe of the jurisdiction of the qualified regulatory authority may1 but need not1 provide an opportunity to appeal4 7i7 ,term1 renewal1 and transfer of license 7#a7 ,term ,any license issued under this title shall be issued for a #e-year term beginning on the date of issuance4 ,a license may be renewed in accordance with requirements prescribed by the qualified regulatory authority that issued the license under this title4 7#b7 ,transfer ,a transfer of a license1 change of control of a licensee1 or change in significant vendor shall require prior approval by the qualified regulatory authority that issued the license4 ,the qualified regulatory authority shall at a minimum ensure the suitability requirements of subsection 7c7 continue to be satisfied before approving any such transfer or change4 7j7 ,administrative provisions 7#a7 ,determination of ,internet poker 7,a7 ,initial determination by qualified regulatory authority ,a determination of whether a game1 hand1 tournament1 or other contest of a licensee is ,internet poker shall be made in the first instance by the qualified regulatory authority that issued the license to such licensee under this title4 7,b7 ,challenges 7i7 ,challenge made with ,secretary ,a licensee or qualified regulatory authority may file a challenge with the ,secretary regarding any determination of the qualified regulatory authority under subparagraph 7,a7 that a game1 hand1 tournament1 or other contest of another licensee is ,internet poker4 7ii7 ,determination made by ,secretary within #cj days ,if a challenge is made under clause 7i71 the ,secretary shall make a determination of whether the game1 hand1 tournament1 or other contest is ,internet poker not later than #cj days after the date on which the challenge is made4 7iii7 ,operation until determination ,a licensee that offers a game1 hand1 tournament1 or other contest that is challenged under clause 7i7 may continue to offer such game1 hand1 tournament1 or other contest until the ,secretary makes a determination under clause 7ii74 7,c7 ,appeals ,not later than #cj days after the date on which the ,secretary makes a determination under subparagraph 7,b77iii71 a licensee or a qualified regulatory authority may appeal such determination to the ,united ,states ,district ,court for the ,district of ,columbia4 ,such court shall set aside the ,secretary's determination if the court determines that the ,secretary's determination was-- 7i7 arbitrary1 capricious1 an abuse of discretion1 or otherwise not consistent with law2 or 7ii7 without observance of procedure required by law4 7#b7 ,challenges under ,state or federally recognized ,indian tribal law ,except as provided in paragraph 7#a7 and unless otherwise specifically provided in this title1 actions taken by a qualified regulatory authority may be challenged by applicants and licensees only as permitted under the law of the ,state or federally recognized ,indian tribe in which the qualified regulatory authority is located4 7#c7 ,summons 7,a7 ,in general ,the ,secretary may issue a summons with respect to an applicant or licensee necessary to carry out the provisions of this title4 7,b7 ,production at designated site ,a summons issued by the ,secretary pursuant to this paragraph may require that books1 papers1 records1 or other data stored or maintained at any place be produced at any-- 7i7 business location of a licensee or applicant for a license2 7ii7 designated location in the ,state or ,indian lands of the applicable qualified regulatory authority2 or 7iii7 designated location in the ,district of ,columbia4 7,c7 ,no liability for expenses ,the ,secretary shall not be liable for any expense incurred in connection with the production of books1 papers1 records1 or other data under this paragraph4 7,d7 ,service of summons ,service of a summons issued under this subsection may be by registered mail or in such other manner calculated to give actual notice as determined by the ,secretary4 7,e7 ,authorization to invoke aid of courts ,the ,secretary may invoke the aid of any court of the ,united ,states to compel compliance with the summons within the jurisdiction of which-- 7i7 the investigation which gave rise to the summons or the examination is being or has been carried on2 7ii7 the person summoned is an inhabitant2 or 7iii7 the person summoned carries on business or may be found4 7,f7 ,power of courts to compel appearance ,the court may issue an order requiring the person summoned to appear before the ,secretary-- 7i7 to produce books1 papers1 records1 and other data2 7ii7 to give testimony as may be necessary to explain how such material was compiled and maintained2 7iii7 to allow the ,secretary to examine the business of a licensee2 and 7iv7 to pay the costs of the proceeding4 7,g7 ,contumacy or refusal ,any failure to obey the order of the court under this paragraph may be punished by the court as a contempt thereof4 ,all process in any case under this subsection may be served in any judicial district in which such person may be found4 #aje4 ,enforcement 7a7 ,disciplinary action 7#a7 ,in general ,a licensee may be subject to disciplinary action1 including suspension or revocation of its license1 by a qualified regulatory authority that issued a license to the licensee or by the ,secretary if the licensee fails to comply with any provision of this title1 any regulation prescribed thereunder1 or any other applicable provision of ,state or tribal law4 7#b7 ,initiating enforcement ,only the ,secretary or the qualified regulatory authority which granted the license may initiate disciplinary action under this title4 7#c7 ,savings provision ,nothing in this subsection shall be construed to prohibit a law enforcement authority or regulatory body that has authority over a licensee or an affiliated person1 independent from this title1 from taking action under the law of that law enforcement authority or regulatory body4 7#d7 ,disciplinary procedures 7,a7 ,in general ,a qualified regulatory authority shall commence disciplinary action under this subsection against a licensee upon service of a formal written complaint upon the licensee1 with a copy forwarded to the ,secretary1 that sets forth the grounds for the disciplinary action and the proposed penalty that is being sought1 which may include any or all of the imposition of a fine as provided pursuant to subsection 7m77#a7 or limitation1 condition1 suspension1 or revocation of the license4 7,b7 ,in accordance with law of jurisdiction of qualified regulatory authority ,the disciplinary process shall proceed according to the law of the jurisdiction of the applicable qualified regulatory authority4 7#e7 ,finality of action and appeals 7,a7 ,finality ,any disciplinary action shall be treated as a final action4 7,b7 ,action by qualified regulatory authorities ,a licensee aggrieved by disciplinary action by a qualified regulatory authority may file an appeal in the jurisdiction where the qualified regulatory authority taking such action is located only to the extent permitted by the law of such jurisdiction4 7,c7 ,action by ,secretary ,a licensee aggrieved by disciplinary action by the ,secretary may file an appeal in the ,united ,states ,district ,court for the ,district of ,columbia4 ,such court shall set aside the action if it determines that the action was-- 7i7 arbitrary1 capricious1 an abuse of discretion1 or otherwise not consistent with law2 or 7ii7 without observance of procedure required by law4 7#f7 ,pending appeal ,during the period in which a suspension or revocation of an existing license is being challenged through a pending judicial proceeding1 the court handling the challenge may allow the licensee to continue offering bets and wagers in full compliance with the terms of its existing license and any other conditions the court considers necessary1 if the court determines that-- 7,a7 the appellant has a reasonable likelihood of success on the merits2 and 7,b7 allowing the appellant to continue offering bets and wagers while the appeal is pending will not threaten the public interest4 7#g7 ,return of customer funds ,if a licensee's license is revoked and no appeal pursuant to paragraph 7#e7 is pending1 the licensee shall-- 7,a7 return all customer funds in an orderly manner not later than #cj days after the date of the revocation of the license2 or 7,b7 place in escrow those sums return of which to ,united ,states customers is not feasible due to change in customer address1 bank details1 or similar difficulty1 in an account with a financial institution in the ,united ,states for safekeeping and orderly disposition by the ,secretary4 7#h7 ,referral to ,attorney ,general ,if1 in the course of carrying out the provisions of this title1 the ,secretary or a qualified regulatory authority finds a substantial basis to believe that a person has violated section #ajc1 the ,secretary or qualified regulatory authority shall refer such matter to the ,attorney ,general4 7b7 ,civil money penalties 7#a7 ,in general 7,a7 ,penalties assessed by qualified regulatory authorities ,a qualified regulatory authority may assess upon any licensee or other person subject to the requirements of this title for each violation of this title or any regulation prescribed or order issued under this title1 a civil penalty of not more than the greater of-- 7i7 the amount involved in the violation1 if any2 7ii7 #bej1jjj for an individual and #gej1jjj for a corporation2 or 7iii7 such other amount as provided under the applicable ,state or tribal law of the qualified regulatory authority4 7,b7 ,penalties assessed by ,secretary ,the ,secretary may assess upon any licensee or other person subject to the requirements of this title for each violation of this title or any regulation prescribed or order issued under this title1 a civil penalty of not more than the greater of-- 7i7 the amount involved in the violation1 if any2 or 7ii7 #bej1jjj for an individual and #gej1jjj for a corporation4 7,c7 ,not cumulative 7i7 ,in general ,the penalties authorized under subparagraphs 7,a7 and 7,b7 shall not be cumulative and only one such penalty may be assessed per violation4 7ii7 ,construction ,clause 7i7 shall not be construed to limit the authority of a qualifying body or the ,secretary1 as the case may be1 to pursue a civil penalty for each violation of a related series of violations4 7,d7 ,failure to obtain a license ,notwithstanding any other provision of law1 the ,secretary may assess upon a person that is required to obtain a license under this title1 but fails to obtain a license under this title1 a civil penalty of not more than the greater of-- 7i7 the amount of bets or wagers taken by the person from players in the ,united ,states during the period that a license was needed but not held by the person2 or 7ii7 #a1jjj1jjj per day that the person accepts bets or wagers from players in the ,united ,states during the period that a license was needed but not held by the person4 7,e7 ,construction ,nothing in this paragraph shall be construed to affect the ability of a law enforcement official to seek criminal penalties against a person4 7#b7 ,assessment 7,a7 ,enforcement by qualified regulatory authorities ,qualified regulatory authorities and such other entities as are authorized by applicable ,state and tribal law shall enforce the provisions of this title under the law of the applicable ,state or federally recognized ,indian tribe1 and penalties shall be determined1 reviewable1 collectable1 and disposed of as provided under such law4 7,b7 ,enforcement by ,secretary 7i7 ,written notice ,any penalty imposed under paragraph 7#a77;,b7 shall be assessed and collected by the ,secretary by written notice4 7ii7 ,finality of assessment ,if1 with respect to any assessment under paragraph 7#a77;,b71 a hearing is not requested pursuant to clause 7v7 within the period of time allowed under such clause1 the assessment shall constitute a final agency order4 7iii7 ,authority to modify or remit penalty ,the ,secretary may compromise1 modify1 or remit any penalty which the ,secretary may assess or has already assessed under paragraph 7#a77;,b74 7iv7 ,mitigating factors ,in determining the amount of any penalty imposed under paragraph 7#a77;,b71 the ,secretary shall take into account the appropriateness of the penalty with respect to the following3 7,i7 ,the size of the financial resources and the good faith of the person against whom the penalty is assessed4 7,,ii7 ,the gravity of the violation4 7,,iii7 ,the history of previous violations4 7,,iv7 ,such other matters as justice may require4 7v7 ,hearing ,the person against whom any penalty is assessed under paragraph 7#a77;,b7 shall be afforded an agency hearing if such person submits a request for such hearing not later than #bj days after the date of the issuance of the notice of assessment4 7vi7 ,collection 7,i7 ,referral ,if any person fails to pay an assessment after any penalty assessed under this subparagraph has become final1 the ,secretary shall recover the amount assessed by action in the appropriate ,united ,states district court4 7,,ii7 ,scope of review ,in any civil action under subclause 7,i71 the validity and appropriateness of the penalty shall be subject to review for abuse of agency discretion4 7vii7 ,disbursement ,all penalties collected under authority of paragraph 7#a77;,b7 shall be deposited into the ,treasury of the ,united ,states4 7#c7 ,condition for licensure ,payment by a licensee of any civil penalty assessed under this subsection that has become final shall be a requirement for the retention of its license4 #ajf4 ,compulsive gaming1 responsible gaming1 and self-exclusion program requirements 7a7 ,regulations required ,each qualified regulatory authority shall1 before issuing any licenses under this title1 establish requirements for the development of a gambling addiction1 responsible gaming1 and self exclusion program that each licensee of that qualified regulatory authority shall implement as a condition of licensure4 ,such requirements shall also provide for the establishment of a program to alert the public to the existence1 consequences1 and availability of the self-exclusion list established under subsection 7c74 7b7 ,minimum requirements ,at a minimum1 each qualified regulatory authority shall require that licensees-- 7#a7 provide informational materials written in plain language about responsible gaming1 including information about the self-exclusion list established under subsection 7c7 and how a player may request placement on the list1 each time a player signs in to make a bet or wager1 which materials shall be provided via a prominently displayed hyperlink or comparable mechanism2 7#b7 provide informational materials about responsible gaming to any player that requests such materials2 7#c7 make continuously available individualized responsible gaming options that any customer may choose1 including allowing customers to self-limit their deposit1 time and bet amounts1 as well as self-limit their access to the issuance of credit1 check cashing1 or direct mail marketing by the licensee1 in each case as and to the extent that the qualified regulatory authority may consider appropriate2 7#d7 ensure to a reasonable degree of certainty that persons on the list of self-excluded persons established pursuant to subsection 7c7 are prevented from initiating any bets or wagers within the scope of this title2 7#e7 ensure that the information required under this subsection is clearly and prominently made available by the licensee in each language in which services of the ,internet poker facility of the licensee are offered2 and 7#f7 ensure that the qualified regulatory authority adopt any practices that the ,secretary recommends to protect consumers1 taking into account the ,national ,council on ,problem ,gambling ,internet ,responsible ,gambling ,standards4 7c7 ,list of persons self-,excluded 7#a7 ,establishment 7,a7 ,lists maintained by qualified regulatory authorities ,each qualified regulatory authority shall establish and maintain a list of persons self-excluded from playing ,internet poker through ,internet poker facilities licensed by the qualified regulatory authority4 ,each week1 each qualified regulatory authority shall submit to the ,secretary a current copy of the list4 7,b7 ,master list maintained by ,secretary ,the ,secretary shall establish and maintain a master list of all persons self-excluded from playing ,internet poker through ,internet poker facilities licensed under this title4 ,such list shall consist of all persons submitted under subparagraph 7,a74 ,the ,secretary shall make the master list available to all qualified regulatory authorities and licensees4 7,c7 ,placement request ,any person may request placement on the list of self-excluded persons by-- 7i7 acknowledging in a manner to be established by each qualified regulatory authority with respect to its licensees that the person wishes to be denied gaming privileges within the scope of this title2 and 7ii7 agreeing that1 during any period of voluntary exclusion1 the person may not collect any winnings or recover any losses resulting from any gaming activity at any ,internet poker facility of a licensee4 7#b7 ,limitation on liability 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,united ,states1 the ,secretary1 a qualified regulatory authority1 the ,state1 or federally recognized ,indian tribe in which that qualified regulatory authority is located1 an enforcement agent1 licensee1 or any employee or agent thereof1 shall not be liable to any self-excluded person or to any other party in any judicial or administrative proceeding for any harm1 monetary or otherwise1 which may arise as a result of-- 7i7 any failure to withhold gaming privileges from1 or to restore gaming privileges to1 a self-excluded person2 7ii7 otherwise permitting a self-excluded person to engage in gaming activity while on the list of self-excluded persons2 or 7iii7 disclosure of information about individuals placed on the list of self-excluded persons4 7,b7 ,licensees ,a licensee or employee or agent thereof may be liable to a self-excluded person in a judicial or administrative proceeding for a harm described in subparagraph 7,a7 to the extent provided under the law of the ,state or federally recognized ,indian tribe of the qualified regulatory authority that issued the license4 7,c7 ,rule of construction ,nothing in this paragraph shall be construed to prevent the ,secretary or a qualified regulatory authority from assessing a regulatory sanction against a licensee or person for failing to comply with a provision of this section or a regulation prescribed thereunder or for misuse of any list of self-excluded persons for purposes not authorized under this section4 7#c7 ,disclosure provisions 7,a7 ,in general ,notwithstanding any other provision of ,federal1 ,state1 or tribal law1 the list of self-excluded persons shall not be open to public inspection4 7,b7 ,affiliate disclosure ,if necessary to effectuate the self-exclusion purposes of this subsection1 any licensee may disclose the identities of persons on the self-excluded list to any significant vendor1 service provider1 or affiliated company to the extent that the significant vendor1 service provider1 or affiliated company maintains such information under confidentiality provisions comparable to those in this subsection4 7d7 ,gaming by prohibited persons 7#a7 ,prohibition on benefitting from prohibited gaming activity ,a person who is prohibited from gaming with a licensee by law1 or by order of the ,secretary1 a qualified regulatory authority1 or any court of competent jurisdiction1 including any person on the self-exclusion list under subsection 7c71 shall not collect1 in any manner or proceeding1 any winnings or recover any losses arising as a result of any prohibited gaming activity4 7#b7 ,forfeiture ,in addition to any other penalty provided by law1 any money or thing of value that has been obtained by1 or is owed to1 any prohibited person by a licensee as a result of bets or wagers made by a prohibited person after the applicable prohibition has become effective shall be subject to forfeiture by order of the ,secretary or a qualified regulatory authority1 following notice to the prohibited person and opportunity to be heard4 7#c7 ,deposit of forfeited funds ,any funds forfeited pursuant to this subsection shall be deposited into the ,treasury of the ,united ,states1 or1 in the case of a forfeiture to a qualified regulatory authority1 as provided by the applicable ,state or tribal law4 7e7 ,requirements with respect to ,child ,support ,delinquents 7#a7 ,in general ,when it is made known to the ,secretary or a qualified regulatory authority by a ,federal or ,state court or a competent qualified regulatory authority involved with the administration or enforcement of a court-ordered child support payment that a particular individual is delinquent with respect to court-ordered child support payments1 the ,secretary shall include that individual on the list established under subsection 7c74 7#b7 ,removal from list ,individuals placed on the list pursuant to paragraph 7#a7 shall be removed from such list if the court or agency that made such individual's delinquency known to the ,secretary notifies the ,secretary that such individual is no longer delinquent4 7f7 ,authority ,to address gambling addiction in ,,samhsa ,authorities ,section #eja7;d7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;aa7d77 is amended-- 7#a7 by striking and at the end of paragraph 7#ag72 7#b7 by striking the period at the end of paragraph 7#ah7 and inserting 2 and2 and 7#c7 by adding at the end the following3 7#ai7 establish and implement programs for the identification1 prevention1 and treatment of pathological and other problem gambling4 4 7g7 ,compilation of datasets on player behavior ,the ,secretary shall compile and make available to the public1 on the ,web site of the ,secretary1 datasets on player behavior from customer tracking data collected or generated by loyalty programs1 player tracking software1 online gambling transactions1 or any other information system4 ,the ,secretary shall ensure that personally identifying information1 including player name1 street address1 and bank or credit information is removed from the data4 ,the data shall retain information on player characteristics including gender1 age and region of residence1 player behavior including frequency of play1 length of play1 speed of play1 denomination of play1 amounts wagered and1 if applicable1 number of lines or hands played and characteristics of games played4 7h7 ,administrative provisions 7#a7 ,rule of construction ,no provision of this section shall be construed as creating a legal duty in the ,secretary1 a qualified regulatory authority1 a licensee1 or any employee or agent thereof to identify or to exclude compulsive players not on the list of self-excluded persons4 7#b7 ,no cause of action ,the ,secretary1 a qualified regulatory authority1 a licensee1 and any employee or agent thereof1 shall not be liable to any person in any proceeding for losses or other damages of any kind arising out of that person's gaming activities based on a claim that the person was a compulsive1 problem1 or pathological player4 #ajg4 ,prohibitions and restrictions 7a7 ,prohibition on bets or wagers on games other than ,internet poker ,no provision of this title shall be construed to authorize any licensee to accept a bet or wager on any game1 event1 or activity that is not ,internet poker4 7b7 ,prohibition on the use of credit cards for ,internet poker ,no licensee1 no person operating on behalf of a licensee1 and no person accepting payment for or settlement of a bet or wager who intends to transmit such payment to a person licensee1 may accept a bet or wager or payment for or settlement of a bet or wager that is transmitted or otherwise facilitated with a credit card 7as defined in section #ecfb7aa7 of title #ca1 ,united ,states ,code74 7c7 ,public ,internet poker parlors prohibited 7#a7 ,in general ,it shall be considered a violation of this title to operate an unlicensed place of public accommodation1 club 7including a club or association limited to dues-paying members or similar restricted groups71 or similar establishment in which computer terminals or similar access devices are made available to be used principally for the purpose of accessing ,internet poker facilities4 7#b7 ,criminal penalties ,any person who violates subsection 7a7 shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #e years1 or both4 7#c7 ,construction ,nothing in this title shall be construed to authorize or otherwise to permit the operation of places of public accommodation1 clubs 7including clubs or associations limited to dues-paying members or similar restricted groups7 and similar establishments that permit access to ,internet poker facilities4 7#d7 ,relation to ,state1 local1 and tribal law ,places of public accommodation1 clubs1 or similar establishments described in paragraph 7#a7 shall be subject to all otherwise applicable ,state1 local1 and tribal laws4 #ajh4 ,safe harbor ,it shall be an affirmative defense to any prosecution or enforcement action under any provision of ,federal1 ,state1 or tribal law that the activity forming the basis of such prosecution or enforcement action is authorized under and has been carried out lawfully in accordance with and under the terms of this title4 #aji4 ,relation to subchapter ,,iv of chapter #ec of title #ca1 ,united ,states ,code ,subchapter ,,iv of chapter #ec of title #ca1 ,united ,states ,code1 shall not apply to any bet or wager occurring pursuant to a license issued under this title1 subject to section #aaj4 #aaj4 ,cheating and other fraud 7a7 ,cheating and cheating devices prohibited 7#a7 ,cheating prohibited ,no person initiating1 receiving1 or otherwise making a bet or wager with a licensee1 or sending1 receiving1 or inviting information assisting with a bet or wager with a licensee shall knowingly violate1 attempt to violate1 or assist another in violating the rules of play established by the licensee for the purpose of obtaining prohibited or unfair advantage in any game authorized under this title4 7#b7 ,cheating devices ,except as provided in paragraph 7#c71 no person initiating1 receiving1 or otherwise making a bet or wager with a licensee1 or sending1 receiving1 or inviting information assisting with a bet or wager with a licensee shall knowingly use1 possess1 or assist another in the use of1 an electronic1 electrical1 or mechanical device or software or other program or tool which is designed1 constructed1 or programmed specifically for use in obtaining an advantage in any game authorized under this title1 where such advantage is prohibited or otherwise violates the rules of play established by the licensee4 7#c7 ,permissible uses ,it shall not be a violation of this subsection for a licensee1 its agents1 a qualified regulatory authority1 or its agent to use or possess a device described in the preceding sentence if-- 7,a7 such use or possession is solely for purposes of testing an ,internet poker facility2 7,b7 such device is not used in live play involving actual bets or wagers2 and 7,c7 such device is registered with the ,secretary and the qualified regulatory authority that issued the applicable license4 7#d7 ,disclosure to public not required ,notwithstanding any other provision of law1 a registration under paragraph 7#c77;,c7 is not required to be made available to the public4 7b7 ,additional offense 7#a7 ,in general ,except as provided in paragraph 7#c71 no person initiating1 receiving1 or otherwise making a bet or wager with a licensee1 or sending1 receiving1 or inviting information assisting with a bet or wager with a licensee1 shall knowingly use1 possess1 or assist another in the use of any cheating device with intent to cheat or defraud any licensee or other persons placing bets or wagers with such licensee4 7#b7 ,bots ,a software program that makes bets or wagers according to an algorithm shall constitute a type of cheating device under this subsection4 7#c7 ,permissible uses ,it shall not be a violation of this subsection for a licensee1 its agents1 a qualified regulatory authority1 or its agent to use or posses a device described in paragraph 7#a7 or 7#b7 if-- 7,a7 such use or possession is solely for purposes of testing an ,internet poker facility2 7,b7 such device is not used in live play involving actual bets or wagers2 and 7,c7 such device is registered with the qualified regulatory authority that issued the applicable license4 7#d7 ,disclosure to public not required ,notwithstanding any other provision of law1 a registration under paragraph 7#c77;,c7 is not required to be made available to the public4 7c7 ,permanent injunction ,upon conviction of a person for violation of this section1 the court may enter a permanent injunction enjoining such person from initiating1 receiving1 or otherwise making bets or wagers or sending1 receiving1 or inviting information assisting in the placing of bets or wagers4 7d7 ,criminal penalty ,whoever violates subsection 7a7 or 7b7 shall be fined under title #ah1 ,united ,states ,code1 or imprisoned for not more than #c years1 or both4 7e7 ,reports 7#a7 ,recommended minimum standards ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report containing the recommendations of the ,secretary on what minimum standards qualifying bodies should adopt to carry out the requirements of subsection 7a74 7#b7 ,identification of threats to operation of ,internet poker facilities ,not later than #a year after the date that licenses are first issued under section #aah7;a71 the ,director of the ,national ,institute of ,standards and ,technology shall submit to ,congress a report that identifies threats to the integrity of ,internet poker facilities operated by licensees1 including identification of technologies that could be used to hack computer networks1 facilitate cheating1 or otherwise place consumers at risk of fraud or monetary loss4 #aaa4 ,construction and relation to other law 7a7 ,no impact on existing lawful games 7#a7 ,in general ,if bets or wagers on certain games of skill are not regarded as gambling under all provisions of ,federal1 ,state1 or tribal law in effect as of the date of enactment of this ,act-- 7,a7 nothing in this title shall be construed to require licensing under this title with respect to such games2 and 7,b7 fees paid to participate in such games shall not be regarded as bets or wagers for purposes of this title4 7#b7 ,reliance ,nothing in this title may be relied on as support for the legality or permissibility of games described in paragraph 7#a7 without compliance with the licensing and other requirements of this title4 7b7 ,no effect on existing law ,nothing in this section shall be construed to repeal1 to amend1 or to affect the interpretation of any provision of ,state1 or tribal law that was in effect before the date of enactment of this ,act that-- 7#a7 prohibits1 restricts1 or otherwise addresses bets or wagers2 or 7#b7 prohibits fraud1 unfair or deceptive acts or practices1 or other criminal activity4 7c7 ,preemption of ,state and tribal laws 7#a7 ,in general ,except as otherwise expressly provided in this title and excluding any prohibitions described in section #ajd7;a77#c71 the provisions of this title shall supersede any provisions of the law of any ,state or federally recognized ,indian tribe expressly relating to the permitting1 prohibiting1 licensing1 or regulating of ,internet poker facilities1 including ,internet poker facilities1 and the law of any ,state or federally recognized ,indian tribe expressly relating to the permitting1 prohibiting1 licensing1 or regulation of gambling1 except to the extent such ,state or tribal laws are not inconsistent with this title4 7#b7 ,lotteries ,no provision of this title shall be construed to have any effect on the rights1 privileges1 or obligations of a ,state or tribal lottery as may be provided under other applicable ,federal1 ,state1 or tribal law4 7#c7 ,savings provision ,nothing in this title may be construed to limit the applicability or enforcement of any ,state or tribal consumer protection law or preempt the applicability of ,state or tribal trespass1 contract1 or tort law4 7d7 ,relation to ,gambling ,devices ,transportation ,act ,equipment used by a licensee or significant vendor in the furtherance of licensed activities pursuant to this title 7but not to the extent it is used for other purposes7 shall not be considered a gambling device within the meaning of section #a of the ,act of ,january #b1 #aiea1 prohibiting the transportation of gambling devices in interstate and foreign commerce 7#ae ,u4,s4,c4 #aaga74 7e7 ,no impact on ,indian ,gaming ,regulatory ,act 7#a7 ,in general ,no provision of this title or decision or action taken by a federally recognized ,indian tribe or ,state pursuant to this title shall have any effect on non-,internet gaming activities within the scope of the ,indian ,gaming ,regulatory ,act 7#be ,u4,s4,c4 #bgaj7 or any successor provisions or on any tribal-,state compacts or authorities pursuant thereto4 7#b7 ,tribal status or category not affected ,tribal operation of ,internet poker facilities under this title shall not be considered class ,,ii or class ,,iii gaming under such section1 and a federally recognized ,indian tribe's status1 category1 or class under such section shall not impact its status or ability to offer bets or wagers pursuant to this title4 7#c7 ,new negotiations not required 7,a7 federally recognized ,indian tribes ,the fact that a federally recognized ,indian tribe is operating under a license issued pursuant to this title or that a tribal regulatory body is acting as a qualified body pursuant to this title shall not require a federally recognized ,indian tribe to negotiate a new agreement1 limitation1 or other provision of tribal-,state compact1 agreement1 or other understanding with respect to gaming or revenue-sharing1 with regard to any bet or wager occurring pursuant to a license issued under this title4 7,b7 ,states ,the fact that a ,state has prohibited or limited ,internet bets or wagers under section #ajd7;a77#c7 or that a ,state regulatory body is acting as a qualified body pursuant to this title shall not require the ,state to negotiate a new agreement1 limitation1 or other provision of tribal-,state compact1 agreement1 or other understanding with respect to gaming or revenue-sharing1 with regard to any bet or wager occurring pursuant to a license issued under this title4 #aab4 ,regulations ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall prescribe such regulations as the ,secretary considers necessary and where expressly required or authorized to carry out this title4 #aac4 ,annual reports 7a7 ,licensing and regulation of ,internet poker facilities ,not later than #a year after the date that licenses first issue under this title and annually thereafter1 the ,secretary shall transmit to ,congress a report on the licensing and regulation of ,internet poker facilities under this title1 including-- 7#a7 the amount of fees collected under section #ajd7;e7 and1 in cooperation with the ,secretary of the ,treasury1 an estimate of the amount of income tax revenue that is attributable to the operation of ,internet poker facilities during the period covered by the report2 7#b7 a list of qualified regulatory authorities1 the number of licensees reviewed by the qualified regulatory authorities under this title1 and the outcomes of such reviews2 7#c7 a description of the efforts the ,secretary has undertaken to ensure that qualified regulatory authorities are properly issuing licenses and regulating licensees under this title2 7#d7 a detailed description of each type of game offered by licensees and how each type is consistent with the definition of poker under section #ajb2 and 7#e7 any other information the ,secretary determines may be useful to ,congress4 7b7 ,consumer protection ,not later than #a year after the date that licenses first issue under this title and annually thereafter1 the ,secretary shall transmit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on commercial and regulatory practices carried out to protect consumers with respect to ,internet poker1 including the practices carried out pursuant to the requirements of section #ajf and the regulations prescribed pursuant to such section4 ,such report shall include-- 7#a7 a detailed description of the efforts of each qualified regulatory authority to protect consumers from unfair or deceptive acts or practices1 including deceptive advertising and marketing to minors2 7#b7 a description of the practices that the ,secretary recommends a qualified regulatory authority to adopt to protect consumers2 7#c7 such recommendations as the ,secretary may have for legislative action as the ,secretary considers necessary to protect consumers with respect to ,internet poker2 and 7#d7 such other information as the ,secretary considers appropriate4 #aad4 ,effective date 7a7 ,in general ,except as otherwise provided in this title1 the provisions of this title shall take effect on the date that is #cj days after the date of enactment of this ,act4 7b7 ,regulations required before issuing licenses ,notwithstanding any other provision of this title1 a qualified regulatory authority may not issue a license under this title before the later of-- 7#a7 the date on which the ,secretary prescribes final regulations under section #aac2 7#b7 the date on which the ,secretary of the ,treasury prescribes final regulations pursuant to subsections 7a7 and 7d7 of section #bjc2 and 7#c7 the date on which the ,director of the ,financial ,crimes ,enforcement ,network submits to the ,secretary of the ,treasury a list of unlicensed ,internet gambling enterprises pursuant to section #ecfi7;a77#a77;,b7 of title #ca1 ,united ,states ,code1 as added by section #bjb7;a74 ,,ii ,strengthening of ,unlawful ,internet ,gambling ,enforcement ,act of #bjjf #bja4 ,financial transaction providers 7a7 ,in general ,subchapter ,,iv of chapter #ec of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 #ecfh4 ,liability of financial transaction providers 7a7 ,liability for certain financial activities and transactions ,a financial transaction provider shall not be held liable for engaging in a financial activity or transaction1 including a payments processing activity1 in connection with a bet or wager permitted by the ,internet ,poker ,freedom ,act of #bjac or the ,interstate ,horseracing ,act of #aigh 7#ae ,u4,s4,c4 #cjja et seq47 unless the financial transaction provider has actual knowledge that the financial activity or transaction was conducted in violation of either such ,act or any other applicable provision of ,federal or ,state law4 7b7 ,no liability for blocking or refusing ,to honor certain transactions 7#a7 ,in general ,a financial transaction provider that takes an action described in paragraph 7#b7 with respect to a transaction shall not be liable to any party for that action if the financial transaction provider takes the action because the originator of the transaction or a party to the transaction is-- 7,a7 a person or entity that is included in the list of unlicensed ,internet gambling enterprises required by section #ecfi7;a72 7,b7 a person or entity that the financial transaction provider reasonably believes is included in that list2 7,c7 a person or entity that is included in a list of unlicensed ,internet gambling enterprises made available to the financial transaction provider by the ,secretary under section #ecfi7;a77#c72 7,d7 a person or entity that the financial transaction provider reasonably believes is included in a list described in subparagraph 7,c72 7,e7 a person or entity that is demonstrated to be an unlicensed ,internet gambling enterprise based on information1 other than a list described in subparagraph 7,c71 that is made available to the financial transaction provider2 or 7,f7 a person or entity that the financial transaction provider reasonably believes is demonstrated to be an unlicensed ,internet gambling enterprise based on information described in subparagraph 7,e74 7#b7 ,actions described ,a financial transaction provider takes an action described in this paragraph if the financial transaction provider-- 7,a7 identifies and blocks a transaction2 7,b7 prevents or prohibits the acceptance of its products or service in connection with a transaction or otherwise refuses to honor a transaction2 or 7,c7 closes an account or ends a financial relationship4 4 7b7 ,clerical amendment ,the table of sections for chapter #ec of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 #ecfh4 ,liability of financial transaction providers4 4 7c7 ,technical correction ,section #ecfb7aa77;,b77i7 of title #ca1 ,united ,states ,code1 is amended by striking section #ijc7f77;,e7 and inserting section #ijc7g77;,e74 #bjb4 ,list of unlicensed ,internet gambling enterprises 7a7 ,in general ,subchapter ,,iv of chapter #ec of title #ca1 ,united ,states ,code1 as amended by section #bja7;a71 is further amended by adding at the end the following3 #ecfi4 ,list of unlicensed ,internet gambling enterprises 7a7 ,list of unlicensed ,internet gambling enterprises 7#a7 ,in general ,the ,director shall-- 7,a7 identify unlicensed ,internet gambling enterprises in accordance with the procedures described in subsection 7b72 7,b7 not later than #abj days after the date of enactment of the ,internet ,poker ,freedom ,act of #bjac1 submit to the ,secretary a list of unlicensed ,internet gambling enterprises that includes the information described in paragraph 7#b72 and 7,c7 not less frequently than every #fj days thereafter1 submit to the ,secretary an updated list that reflects the results of subsequent investigations carried out under this section4 7#b7 ,information required ,the information described in this paragraph is1 with respect to each unlicensed ,internet gambling enterprise included on the list required by paragraph 7#a71 the following3 7,a7 ,all known ,internet ,web site addresses of the enterprise4 7,b7 ,the name of any person who controls1 finances1 manages1 supervises1 directs1 or owns all or part of the enterprise 7as such terms are used in section #aiee of title #ah74 7,c7 ,to the extent known1 information identifying the financial agents and account numbers of the enterprise and the persons described in subparagraph 7,b74 7#c7 ,distribution of list ,not later than #aj days after receiving the list or an updated version of the list required by paragraph 7#a7 from the ,director1 the ,secretary shall-- 7,a7 post the information provided under subparagraphs 7,a7 and 7,b7 of paragraph 7#b7 on the ,internet ,web site of the ,department of the ,treasury2 and 7,b7 provide to each person that is required to comply with the regulations prescribed pursuant to section #ecfd a copy of the information included with the list required by paragraph 7#a7 in an electronic format compatible with the list of ,specially ,designated ,nationals and ,blocked ,persons maintained by the ,office of ,foreign ,assets ,control4 7b7 ,procedures for identifying unlicensed ,internet gambling enterprises 7#a7 ,investigations 7,a7 ,initial investigation ,not later than the date that is #fj days after the date of enactment of the ,internet ,poker ,freedom ,act of #bjac1 the ,director shall complete an initial investigation of entities that appear to be unlicensed ,internet gambling enterprises4 7,b7 ,subsequent investigations ,after completing the initial investigation required by subparagraph 7,a71 the ,director shall regularly investigate entities that appear to be unlicensed ,internet gambling enterprises4 7#b7 ,requests 7,a7 ,in general ,any ,federal1 ,state1 tribal1 or local law enforcement official1 any affected sports organization1 any person directly harmed by unlicensed ,internet gambling1 any financial transaction provider1 and any interactive computer service shall have the right1 but not the obligation1 to make a written request to the ,director for the addition of any person to the list of unlicensed ,internet gambling enterprises required by subsection 7a74 7,b7 ,determinations2 notice to person that submitted a request ,not later than #cj days after receiving a request under subparagraph 7,a71 the ,director shall-- 7i7 determine if the request contains information sufficient to constitute a prima facie case that an entity is an unlicensed ,internet gambling enterprise2 and 7ii7 notify the person that submitted the request of the determination of the ,director4 7#c7 ,notice ,not later than #cj days before including a person in the list of unlicensed ,internet gambling enterprises required by subsection 7a71 the ,director shall provide written notice to the person of the determination of the ,director to include the person in the list4 7#d7 ,opportunity to contest 7,a7 ,in general ,a person that receives notice under paragraph 7#c7 that the ,director has determined to include the person in the list of unlicensed ,internet gambling enterprises required by subsection 7a7 may1 not later than #cj days after receiving the notice1 contest the determination-- 7i7 by submitting a written appeal to the ,director2 and 7ii7 by agreeing in the written appeal to submit to the jurisdiction of the ,united ,states4 7,b7 ,effect of not contesting ,if a person described in subparagraph 7,a7 does not contest the determination of the ,director to include the person in the list of unlicensed ,internet gambling enterprises required by subsection 7a7 in accordance with subparagraph 7,a71 the ,director shall include the person in the list4 7#e7 ,opportunity for hearing ,the ,director-- 7,a7 may not include a person that submits a written appeal pursuant to paragraph 7#d7 in the list of unlicensed ,internet gambling enterprises required by subsection 7a7 until the ,director provides the person with an opportunity for a hearing2 and 7,b7 shall provide the person the opportunity for a hearing not later than #cj days after receiving the written appeal from the person4 7#f7 ,determinations after hearing ,not later than #aj days after the date of a hearing provided for a person under paragraph 7#e7 7without regard to whether the person appears at the hearing71 the ,director shall-- 7,a7 determine if the person should be included in the list of unlicensed ,internet gambling enterprises required by subsection 7a72 and 7,b7 if the ,director determines that the person should be included in the list1 add the person to the list4 7#g7 ,injunctive relief 7,a7 ,in general ,a person described in subparagraph 7,b7 may petition for injunctive relief in the ,united ,states ,district ,court for the ,district of ,columbia1 which shall have exclusive jurisdiction to hear cases arising under this section4 7,b7 ,person described ,a person described in this subparagraph is a person that the ,director determines to include in the list of unlicensed ,internet gambling enterprises required by subsection 7a7-- 7i7 after the person appears at a hearing described in paragraph 7#e72 or 7ii7 that did not receive the notice required by paragraph 7#c74 7,c7 ,burden of proof ,the petitioner shall have the burden of establishing that the person should not be included in the list of unlicensed ,internet gambling enterprises required by subsection 7a74 7,d7 ,standing ,only persons that the ,director determines to include in the list of unlicensed ,internet gambling enterprises required by subsection 7a7 and owners or operators of such enterprises shall have standing to contest the determination of the ,director4 7,e7 ,available relief ,the court may direct the ,director and the ,secretary not to add1 or to remove1 the petitioner from the list of unlicensed ,internet gambling enterprises4 7,f7 ,unavailability of other remedies ,there shall be no judicial review of a determination under this section other than pursuant to this paragraph4 7c7 ,effect of list ,a financial transaction provider shall be deemed to have actual knowledge that a person or entity is an unlicensed ,internet gambling enterprise if-- 7#a7 the person or entity is included in the list of unlicensed ,internet gambling enterprises required by subsection 7a72 or 7#b7 7,a7 the person or entity is included in a list of unlicensed ,internet gambling enterprises made available to the financial transaction provider by the ,secretary under subsection 7a77#c72 and 7,b7 information in addition to the list described in subparagraph 7,a7 is available to the financial transaction provider that demonstrates that the person or entity is an unlicensed ,internet gambling enterprise4 7d7 ,definitions ,in this section3 7#a7 ,director ,the term ,director means the ,director of the ,financial ,crimes ,enforcement ,network appointed under section #caj7;b74 7#b7 ,sports organization ,the term sports organization means an amateur sports organization or a professional sports organization 7as those terms are defined in section #cgja of title #bh74 7#c7 ,unlicensed ,internet gambling enterprise ,the term unlicensed ,internet gambling enterprise means any person who1 on or after the date of enactment of the ,internet ,poker ,freedom ,act of #bjac-- 7,a7 violates a provision of section #ecfc2 or 7,b7 knowingly assists a person in conduct described in subparagraph 7,a74 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter #ec1 as amended by section #bja7;b71 is further amended by adding at the end the following3 #ecfi4 ,unlicensed ,internet gambling enterprises4 4 #bjc4 ,regulations 7a7 ,regulations ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of the ,treasury shall-- 7#a7 prescribe regulations to carry out sections #ecfh and #ecfi of title #ca1 ,united ,states ,code1 as added by sections #bja7;a7 and #bjb7;a71 and publish such regulations in final form in the ,federal ,register2 and 7#b7 prescribe such regulations as the ,secretary of the ,treasury considers necessary to ensure compliance with chapter #b of title ,i of ,public ,law #ia-ejh 7#ab ,u4,s4,c4 #aiea et seq47 and subchapter ,,ii of chapter #ec of title #ca1 ,united ,states ,code 7commonly known1 collectively1 as the ,bank ,secrecy ,act71 by licensees1 significant vendors to such licensees1 and financial service providers to such licensees 7as such terms are defined in section #ajb74 7b7 ,exclusion of ,board of ,governors of the ,federal ,reserve ,system from requirement ,to prescribe regulations concerning prevention of restricted transactions ,subsection 7a7 of section #ecfd of title #ca1 ,united ,states ,code1 is amended by striking ,before the end of the #bgj-;day period beginning on the date of enactment of this subchapter1 the ,secretary and the ,board of ,governors of the ,federal ,reserve ,system1 in consultation with the ,attorney ,general1 shall prescribe regulations 7which the ,secretary and the ,board jointly determine to be appropriate7 and inserting ,the ,secretary shall prescribe regulations4 7c7 ,temporary suspension of certain regulations 7#a7 ,in general ,subject to paragraph 7#b71 during the period beginning on the date of enactment of this ,act and ending on the date set forth in subsection 7d71 part #bcc of title #ab1 ,code of ,federal ,regulations1 and part #acb of title #ca1 ,code of ,federal ,regulations1 shall have no force or effect to the extent that those regulations require or impose any obligation that is inconsistent with the provisions of title ,i4 7#b7 ,previous violation ,paragraph 7#a7 shall not apply with respect to any violation of a regulation described in such paragraph that occurred before the date of enactment of this ,act4 7d7 ,revision of regulations ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of the ,treasury shall revise part #bcc of title #ab1 ,code of ,federal ,regulations1 and part #acb of title #ca1 ,code of ,federal ,regulations1 to conform with the provisions of title ,i4 7e7 ,annual report ,not later than #a year after the date on which the ,secretary of the ,treasury prescribes regulations under this section1 and annually thereafter1 the ,secretary shall submit to ,congress a report on the list required by section #ecfi7;a7 of title #ca1 ,united ,states ,code1 as added by section #bjb7;a71 including the following3 7#a7 ,the size of the list4 7#b7 ,the number of persons and ,web sites added to and removed from the list4 7#c7 ,the number and description of challenges to inclusion on the list and a description of how such challenges were resolved4 #bjd4 ,conforming amendments 7a7 ,duties and powers of the ,director of the ,financial ,crimes ,enforcement ,network ,section #caj7;b77#b77;,i7 of title #ca1 ,united ,states ,code1 is amended by striking subchapter ,,ii and inserting subchapters ,,ii and ,,iv4 7b7 ,exclusion of licensed ,internet poker facility operations from definition of unlawful ,internet gambling enterprise ,section #ecfb7aj7 of such title is amended-- 7#a7 in subparagraph 7,d71 by striking clause 7iii72 7#b7 by redesignating subparagraph 7,e7 as subparagraph 7,f72 and 7#c7 by inserting after subparagraph 7,d7 the following3 7,e7 ,licensed ,internet poker facilities ,the term unlawful ,internet gambling does not include an activity carried out by an ,internet poker facility1 as such term is defined in section #ajb of the ,internet ,poker ,freedom ,act of #bjac1 operated by a person under a license provided under title ,i of such ,act in accordance with the provisions of such title4 4