Internet Gambling Prohibition and Enforcement Act
Latest action · Jul 13, 2006 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 519.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedNov 18, 2005
- Passed HouseJul 11, 2006
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Internet Gambling Prohibition and Enforcement Act - Title I: Modernization of the Wire Act of 1961 - (Sec. 101) Amends the federal criminal code to expand the definition of "wire communication facility" (renamed "communication facility") to include fixed or mobile (i.e., wireless) communication facilities.
Defines "bets and wagers" to include bets for contests, sporting events, games predominantly subject to chance, and lotteries. Excludes from such definition: (1) activities governed by securities laws: (2) transactions under the Commodity Exchange Act; (3) over-the-counter derivative instruments; (4) contracts of indemnity or guarantee; (4) contracts for life, health, or accident insurance; and (5) reward programs or contests conducted by businesses.
(Sec. 102) Modifies existing prohibitions against interstate gambling to prohibit the use of a communication facility to transmit: (1) bets or wagers; (2) information assisting in the placing of bets or wagers; or (3) a communication which entitles the recipient to receive money or credit as a result of bets or wages or for information assisting in the placing of bets or wagers.
Prohibits any individual from accepting, in connection with the placing of bets or wagers to or from the United States: (1) credit, or the proceeds of credit; (2) electronic funds transfers; (3) checks, drafts, or similar instruments; or (4) the proceeds of any other form of financial transaction as prescribed by Treasury regulations.
Imposes a fine and/or prison term of up to five years for violations.
Requires any common carrier which receives notice of a violation of this Act by one of its communication facilities to discontinue or refuse service to such facility. Grants such common carrier immunity from liability for discontinuing or refusing such service.
(Sec. 103) Grants U.S. district courts original and exclusive jurisdiction to prevent and restrain violations of the Internet gambling ban. Authorizes the Attorney General or any state attorney general to institute proceeding to enforce an Internet gambling ban.
(Sec. 104) Authorizes appropriations to the Department of Justice in FY2007-FY2010 for investigations and prosecutions of unlawful Internet gambling.
(Sec. 105) Declares that nothing in this Act may be construed to prohibit any activity allowed under the Interstate Horseracing Act or to preempt any state law prohibiting gambling.
(Sec. 106) Expresses the sense of Congress that this Act does not address the legality of certain horse racing activities under federal law.
Title II: Policies and Procedures Required to Prevent Payments for Unlawful Gambling - Amends the federal criminal code to prohibit persons engaged in a gambling business from knowingly accepting credit, electronic fund transfers, checks, drafts, or similar financial instruments or the proceeds of any other financial transaction in connection with unlawful Internet gambling (this prohibition is defined by this Act as a "restricted transaction").
Directs the Secretary of the Treasury and the Board of Governors of the Federal Reserve System to prescribe regulations to identify and block restricted transactions. Grants immunity from civil liability for blocking a restricted transaction or one which is reasonably believed to be a restricted transaction.
Title III: Internet Gambling in or through Foreign Jurisdictions - Calls upon the U.S. government, in deliberations with foreign governments, to: (1) encourage cooperation by foreign governments in identifying whether Internet gambling operations are being used for money laundering, corruption, or other crimes; (2) advance policies that promote international cooperation in enforcing this Act; and (3) encourage the Financial Action Task Force on Money Laundering to study the extent to which Internet gambling operations are being used for money laundering purposes.
Directs the Secretary of the Treasury to report to Congress annually on deliberations between the United States and other countries on Internet gambling.
Recorded votes 3
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 363 | On Passage | Passed317–93 | Jul 11, 2006 |
| House 362 | On Motion to Recommit with Instructions | Failed167–243 | Jul 11, 2006 |
| House 361 | On Agreeing to the Amendment | Failed114–297 | Jul 11, 2006 |
Cosponsors 35
Members who signed on, in the order they did. Signatures ran from Nov 18, 2005 to May 11, 2006; 18 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-NH | Charles F. Bass | Original | Nov 18, 2005 |
| R-PA | Charles W. Dent | Original | Nov 18, 2005 |
| R-NY | James T. Walsh | Original | Nov 18, 2005 |
| R-NE | Jeff Fortenberry | Original | Nov 18, 2005 |
| R-MN | Jim Ramstad | Original | Nov 18, 2005 |
| R-PA | Joseph R. Pitts | Original | Nov 18, 2005 |
| R-IL | Mark Kirk | Original | Nov 18, 2005 |
| R-TX | Michael T. McCaul | Original | Nov 18, 2005 |
| R-IN | Mike Pence | Original | Nov 18, 2005 |
| R-MI | Mike Rogers | Original | Nov 18, 2005 |
| R-OH | Paul E. Gillmor | Original | Nov 18, 2005 |
| R-NY | Sherwood Boehlert | Original | Nov 18, 2005 |
| R-AL | Spencer Bachus | Original | Nov 18, 2005 |
| R-IA | Tom Latham | Original | Nov 18, 2005 |
| R-NE | Tom Osborne | Original | Nov 18, 2005 |
Committees 2
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Financial Services Committee | Referred Nov 18, 2005Markup Mar 15, 2006Reported Apr 7, 2006 |
| Consumer Protection and Financial Institutions Subcommittee | Referred Jan 5, 2006 | |
| House | Judiciary Committee | Referred Apr 7, 2006Markup May 25, 2006Reported May 26, 2006 |
Actions 28
Everything that happened, newest first.
- Jul 13, 2006Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 519.
- Jul 12, 2006Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
- Jul 11, 2006Rule H. Res. 907 passed House.
- Jul 11, 2006Considered under the provisions of rule H. Res. 907. (consideration: CR H4978-5001; text of measure as introduced: CR H4978-4980)
- Jul 11, 2006Rule provides for consideration of H.R. 4411 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order.
- Jul 11, 2006DEBATE - The House proceeded with one hour of debate on H.R. 4411.
- Jul 11, 2006DEBATE - Pursuant to H. Res. 907, the House proceeded with 20 minutes of debate on the Berkley amendment.
- Jul 11, 2006POSTPONED PROCEEDINGS - At the conclusion of debate on the Berkley amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Ms. Berkley demanded the yeas and nays and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
- Jul 11, 2006Considered as unfinished business. (consideration: CR H5005-5008)
- Jul 11, 2006UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of the amendment offered by Ms. Berkely of Nevada, which had been debated earlier and on which further proceedings had been postponed.
- Jul 11, 2006Mr. Conyers moved to recommit with instructions to Judiciary. (consideration: CR H5006-5008; text: CR H5006)
- Jul 11, 2006DEBATE - The House proceeded with 10 minutes of debate on the Conyers motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back with an amendment which inserts a new section outlining a rule to protect against under-age gambling.
- Jul 11, 2006The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H5007)
- Jul 11, 2006On motion to recommit with instructions Failed by recorded vote: 167 - 243 (Roll no. 362).
- Jul 11, 2006Passed/agreed to in House: On passage Passed by recorded vote: 317 - 93 (Roll no. 363). (text: CR H4980-4983)
- Jul 11, 2006Motion to reconsider laid on the table Agreed to without objection.
- Jul 10, 2006Rules Committee Resolution H. Res. 907 Reported to House. Rule provides for consideration of H.R. 4411 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order.
- May 26, 2006Reported (Amended) by the Committee on Judiciary. H. Rept. 109-412, Part II.
- May 26, 2006Placed on the Union Calendar, Calendar No. 267.
- May 25, 2006Committee Consideration and Mark-up Session Held.
- May 25, 2006Ordered to be Reported (Amended) by Voice Vote.
- Apr 6, 2006Reported (Amended) by the Committee on 109-412, Part I.
- Apr 6, 2006Referred sequentially to the House Committee on the Judiciary for a period ending not later than May 26, 2006 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(l), rule X.
- Mar 15, 2006Committee Consideration and Mark-up Session Held.
- Mar 15, 2006Ordered to be Reported (Amended) by Voice Vote.
- Jan 5, 2006Referred to the Subcommittee on Financial Institutions and Consumer Credit.
- Nov 18, 2005Introduced in House
- Nov 18, 2005Referred to the House Committee on Financial Services.
In the Congressional Record 3
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Senate · Extensions | Debate and remarks E1380, S7444 | Mitch McConnell R-KY, Sheila Jackson Lee D-TX | Jul 12, 2006 |
| House | Debate and remarks H4969–H4978, H4978–H5001, H5005–H5008Text printed H4969, H4978, H4980–H4983Amendments H4976, H4998Motions H5006Recorded votes H4977, H5005, H5007, H5008Berkley amendment (establish a ban on all Internet gambling related activities)consideration (H. Res. 907), previous questionConyers motion to recommit (prohibit underage Internet gambling)enact | Barney Frank D-MA, Bob Goodlatte R-VA, Charles W. Dent R-PA, Christopher Shays R-CT, Darlene Hooley D-OR, F. James Sensenbrenner, Jr. R-WI, Frank R. Wolf R-VA, George Miller D-CA, James A. Leach R-IA, James P. McGovern D-MA (amendment), John B. Shadegg R-AZ, John Conyers, Jr. D-MI (motion), John E. Sweeney R-NY, John J. Duncan, Jr. R-TN, Jon C. Porter R-NV, Joseph R. Pitts R-PA, Lamar Smith R-TX, Martin T. Meehan D-MA, Michael G. Oxley R-OH, Paul D. Ryan R-WI, Phil Gingrey R-GA, Rick Boucher D-VA, Robert B. Aderholt R-AL, Robert C. "Bobby" Scott D-VA, Ron Paul R-TX, Shelley Berkley D-NV (amendment), Spencer Bachus R-AL, Tom Osborne R-NE | Jul 11, 2006 |
| House | Amendments H4958 | David Dreier R-CA (amendment) | Jul 10, 2006 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee reports
Congressional Budget Office cost estimates 4
- May 26, 2006H.R. 4411, Unlawful Internet Gambling Enforcement Act of 2006<p>Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on May 25, 2006</p>
- May 26, 2006H.R. 4411, Unlawful Internet Gambling Enforcement Act of 2006Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on May 25, 2006
- Mar 30, 2006H.R. 4411, Unlawful Internet Gambling Enforcement Act of 2006<p>Cost estimate for the bill as ordered reported by the House Committee on Financial Services on March 15, 2006</p>
- Mar 30, 2006H.R. 4411, Unlawful Internet Gambling Enforcement Act of 2006Cost estimate for the bill as ordered reported by the House Committee on Financial Services on March 15, 2006
Printed hearings 1
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 109-128 | INTERNET GAMBLING PROHIBITION ACT OF 2006173 pages | Judiciary Committee | Apr 5, 2006 |
CRS reports 1
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 1
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| RS22418 | Internet Gambling: Two Approaches in the 109th Congress Archived | Report | Nov 15, 2006 |
Amendments 2
Amendments offered to this bill.
| Amendment | Description | Offered by | Status |
|---|---|---|---|
| HAmdt 1178 | No description on file | Rules Committee | House amendment offered |
| HAmdt 1179 | An amendment printed in House Report 109-551 to eliminate the exceptions to the bills general prohibition against online gambling, thereby establishing a complete ban on all internet gambling-related activities. | Shelley Berkley D-NV | On agreeing to the Berkley amendment (A002) Failed by the Yeas and Nays: 114 - 297 (Roll no. 361). |
Related bills 2
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HRES 907 | Providing for consideration of the bill (H.R. 4411) to prevent the use of certain payment instruments, credit cards, and fund transfers for unlawful Internet gambling, and for other purposes. | Procedurally related | Jul 11, 2006 |
| HR 4777 | Internet Gambling Prohibition Act | Related bill | Sep 22, 2006 |
Titles 5
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To prevent the use of certain payment instruments, credit cards, and fund transfers for unlawful Internet gambling, and for other purposes.
- Short Titles as Introduced
- Unlawful Internet Gambling Enforcement Act of 2005
- Short Titles as Reported to House
- Unlawful Internet Gambling Enforcement Act of 2006
- Short Titles as Passed House
- Internet Gambling Prohibition and Enforcement Act
- Popular Titles
- Internet Gambling bill
Subjects
Assigned by the Library of Congress. Policy area: Finance and Financial Sector.
- Administrative procedure
- Bank loans
- Checks
- Civil actions and liability
- Commerce
- Computer crimes
- Congress
- Congressional reporting requirements
- Consumer credit
- Credit
- Credit cards
- Crime and Law Enforcement
- Department of the Treasury
- Electronic commerce
- Electronic funds transfers
- Finance and Financial Sector
- Financial institutions
- Fines (Penalties)
- Gambling
- Government Operations and Politics
- Indian lands
- Injunctions
- Interactive media
- International Affairs
- International cooperation
- Internet
- Law
- Liability (Law)
- Minorities
- Money laundering
- Native Americans
- Science, Technology, Communications
- Sports and Recreation
- Web sites
Text 4
Each version as it was printed, newest first.
- Jul 13, 2006Placed on Calendar Senate
- Jul 11, 2006Engrossed in House
- May 26, 2006Reported in House
- Nov 18, 2005Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.