HR 2366 · 112th Congress 2011–2013, ended

Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2011

Latest action · Aug 25, 2011 Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

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.

  1. IntroducedJun 24, 2011
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2011 - Prohibits a person from (and requires a fine under the federal criminal code, imprisonment up to five years, or both) for operating an Internet gambling facility without a license in good standing issued by a state or tribal agency qualified by the Secretary of Commerce (Secretary). Makes such prohibition inapplicable to facilities operated by persons located outside the United States in which bets or wagers are made by individuals located outside the United States.

Establishes the Office of Internet Poker Oversight in the Department of Commerce.

Allows a licensee to accept an Internet poker bet or wager from U.S.-located individuals and offer related services so long as the license remains in good standing.

Prohibits licensees from knowingly accepting bets or wagers by persons residing where a state or Indian tribe has notified the Secretary of specific gambling limitations. Sets forth exceptions concerning the applicability of state limitations on tribal lands.

Establishes a 5-year term for initial licenses, subject to renewal and transfer requirements.

Authorizes enforcement and disciplinary actions by the Secretary and the appropriate state or tribal agency. Sets forth civil penalties.

Requires: (1) each qualified state and tribal agency to maintain a list and submit a current copy each week to the Secretary, who shall maintain a master list, of persons self-excluded from playing Internet poker through licensed Internet poker facilities; and (2) each licensee to implement a Compulsive Gaming, Responsible Gaming, and Self-Exclusion Program as a licensure condition.

Precludes persons prohibited from gaming with a licensee by law, or by order of the Secretary, a qualified state or tribal agency, or any court of competent jurisdiction, including any person on the self-exclusion list, from collecting winnings or recovering losses arising from prohibited gaming activity. Requires court-ordered child support delinquents to be included on the self-exclusion list.

Prohibits licensees, except as specified, from: (1) accepting bets or wagers on sporting events and games other than Internet poker, and (2) using credit cards for Internet gambling. Establishes a violation for operating a place of public accommodation for accessing Internet gambling facilities.

Requires a fine under the federal criminal code, or imprisonment up to three years, or both, for certain rules of play violations, including using tools, electronic devices, or software to obtain a prohibited or unfair advantage or to defraud any licensee or persons placing bets or wagers with a licensee.

Makes specified provisions of: (1) this Act and federal monetary transaction laws inapplicable to interstate off-track wagers under the Interstate Horseracing Act of 1978 (IHA), and (2) the federal criminal code and financial transaction laws inapplicable to this Act and the IHA.

Prohibits this Act from having any effect on: (1) state or tribal lottery rights, privileges, or obligations; or (2) non-Internet gaming activities within the scope of the Indian Gaming Regulatory Act or any successor provisions, tribal-state compacts, or authorities.

Amends the Unlawful Internet Gambling Enforcement Act of 2006 to prohibit holding a financial transaction provider (FTP) liable for a financial activity or transaction, including a payments processing activity, in connection with a bet or wager permitted by this Act or the IHA without actual knowledge of any applicable federal or state law violation. Shields such providers from liability for blocking or refusing to honor specified transactions.

Requires the Director of the Financial Crimes Enforcement Network to investigate unlicensed Internet gambling enterprises and provide the Secretary of the Treasury with a list of such enterprises updated at least every 60 days.

Deems FTPs to have actual knowledge that persons or entities are unlicensed Internet gambling enterprises if they are included on such list or, under other specified circumstances, when information in addition to a list is available to an FTP demonstrating that a person or entity is such an enterprise.

Cosponsors 30

Members who signed on, in the order they did. Signatures ran from Jun 24, 2011 to Apr 19, 2012; 11 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-MABarney FrankOriginalJun 24, 2011
D-COEd PerlmutterOriginalJun 24, 2011
R-CAJohn CampbellOriginalJun 24, 2011
D-MIJohn Conyers, Jr.OriginalJun 24, 2011
D-CALinda T. SánchezOriginalJun 24, 2011
R-NYMichael G. GrimmOriginalJun 24, 2011
D-CAMichael M. HondaOriginalJun 24, 2011
R-NYPeter T. KingOriginalJun 24, 2011
R-TXRon PaulOriginalJun 24, 2011
D-NVShelley BerkleyOriginalJun 24, 2011
D-TNSteve CohenOriginalJun 24, 2011
D-VAJames P. MoranJul 8, 2011
D-COJared PolisJul 8, 2011
D-NJRobert E. AndrewsJul 8, 2011
D-CABob FilnerJul 19, 2011
D-NYEliot L. EngelJul 19, 2011
R-NVJoseph J. HeckJul 19, 2011
D-CALynn C. WoolseyJul 19, 2011
D-MAMichael E. CapuanoJul 19, 2011
D-NYSteve IsraelJul 19, 2011
D-CAHoward L. BermanAug 12, 2011
D-CTJames A. HimesAug 12, 2011
R-PAJim GerlachAug 12, 2011
D-CTJohn B. LarsonAug 12, 2011
D-VTPeter WelchAug 12, 2011
R-NJLeonard LanceDec 14, 2011
R-PATim MurphyFeb 1, 2012
D-WAAdam SmithApr 19, 2012
R-NJFrank A. LoBiondoApr 19, 2012
R-NVMark E. AmodeiApr 19, 2012

Committees 3

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseEnergy and Commerce Committee
Referred Jun 24, 2011
Commerce, Manufacturing, and Trade Subcommittee
Referred Jun 24, 2011
HouseFinancial Services Committee
Referred Jun 24, 2011
Consumer Protection and Financial Institutions Subcommittee
Referred Jul 29, 2011
HouseJudiciary Committee
Referred Jun 24, 2011
Crime and Federal Government Surveillance Subcommittee
Referred Aug 25, 2011

Actions 5

Everything that happened, newest first.

  1. Aug 25, 2011Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
  2. Jul 29, 2011Referred to the Subcommittee on Financial Institutions and Consumer Credit.
  3. Jun 24, 2011Introduced in House
  4. Jun 24, 2011Referred to the Committee on Energy and Commerce, and in addition to the Committees on Financial Services, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
  5. Jun 24, 2011Referred to the Subcommittee on Commerce, Manufacturing, and Trade.

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.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the power granted to Congress under Article I, Section 8, Clause 3 of the United States Constitution.

The sponsor’s statement, as printed in the page H4576.

Printed hearings 3

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
S. Hrg. 112-706REGULATION OF TRIBAL GAMING: FROM BRICK AND MORTAR TO THE INTERNET60 pagesIndian Affairs CommitteeJul 26, 2012
Serial No. 112-105INTERNET GAMING: REGULATING IN AN ONLINE WORLD302 pagesEnergy and Commerce CommitteeNov 18, 2011
Serial No. 112-100INTERNET GAMING: IS THERE A SAFE BET?154 pagesEnergy and Commerce CommitteeOct 25, 2011

Related bills 2

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 1174Internet Gambling Regulation, Consumer Protection, and Enforcement ActRelated billJun 1, 2011
HR 2702Wire Clarification Act of 2011Related billAug 25, 2011

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To establish a program for State licensing of Internet poker, and for other purposes.
Short Titles as Introduced
Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2011

Subjects

Assigned by the Library of Congress. Policy area: Commerce.

Text 1

Each version as it was printed, newest first.

  1. Jun 24, 2011Introduced in House

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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.