[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5057 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5057
To establish minimum Federal standards for sports betting, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 16, 2024
Mr. Blumenthal introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish minimum Federal standards for sports betting, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Supporting
Affordability and Fairness with Every Bet Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--MINIMUM FEDERAL STANDARDS FOR SPORTS BETTING
Sec. 101. General prohibition on sports wagering.
Sec. 102. State sports wagering program.
Sec. 103. State sports wagering program standards.
TITLE II--PUBLIC HEALTH IN SPORTS BETTING
Sec. 201. Annual nationwide survey on sports betting.
Sec. 202. National Self-Exclusion List.
Sec. 203. Surgeon General's Report on Public Health Challenges
Associated with Sports Betting.
Sec. 204. Surveillance of gambling addiction.
TITLE III--GENERAL PROVISIONS
Sec. 301. State and Tribal authority.
Sec. 302. Severability.
SEC. 2. DEFINITIONS.
In this Act:
(1) Amateur athletic competition.--The term ``amateur
athletic competition'' has the meaning given the term in
section 220501 of title 36, United States Code.
(2) Anonymized sports wagering data.--With respect to a
sports wager accepted by a sports wagering operator, the term
``anonymized sports wagering data'' means--
(A) a unique identifier for the transaction and, if
available, the individual who placed the sports wager,
except that such identifier shall not include any
personally identifiable information of such individual;
(B) the amount and type of sports wager;
(C) the date and time at which the sports wager was
accepted;
(D) the location at which the sports wager was
placed, including the internet protocol address, if
applicable; and
(E) the outcome of the sports wager.
(3) Gambling disorder.--The term ``gambling disorder''
means--
(A) gambling disorder, as the term is used by the
American Psychiatric Association in the publication
entitled ``Diagnostic and Statistical Manual of Mental
Disorders, 5th Edition'' (or a successor edition);
(B) pathological gambling;
(C) gambling addiction; and
(D) compulsive gambling.
(4) Governmental entity.--The term ``governmental entity''
means--
(A) a State;
(B) a political subdivision of a State; and
(C) an entity or organization, including an Indian
Tribe, that has governmental authority within the
territorial boundaries of the United States, including
Indian lands.
(5) Indian lands.--The term ``Indian lands'' has the
meaning given the term in section 4 of the Indian Gaming
Regulatory Act (25 U.S.C. 2703)).
(6) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Gaming Regulatory Act (25 U.S.C. 2703).
(7) Interactive sports wagering platform.--The term
``interactive sports wagering platform'' means a person or
entity that offers licensed sports wagering over the internet,
including through an internet website and mobile devices, on
behalf of a licensed gaming facility.
(8) Interstate sports wagering compact.--The term
``interstate sports wagering compact'' means a compact to offer
sports wagering in accordance with this Act between--
(A) 2 or more States with a State sports wagering
program;
(B) 1 or more States with a State sports wagering
program and 1 or more Indian Tribes; or
(C) 2 or more Indian Tribes.
(9) Licensed gaming facility.--The term ``licensed gaming
facility'' means a person licensed by a State regulatory entity
or an Indian Tribe licensed by a State regulatory agency for
the conduct of gaming.
(10) Microbet.--The term ``microbet'' means a wager placed
on an outcome or occurrence within a sporting event which may
or may not be related to the ultimate result of the sporting
event.
(11) National self-exclusion list.--The term ``national
self-exclusion list'' means the list maintained under section
553A of the Public Health Service Act, as added by section 202
of this Act, in cooperation with State regulatory entities,
under sections 103(b)(6)(A)(ii) of this Act.
(12) Official.--The term ``official'' means a referee,
umpire, judge, reviewer, or any other individual authorized to
administer the rules of a sporting event.
(13) Proposition bet.--The term ``proposition bet'' means a
side wager on a part of a sporting event that does not concern
the final outcome of the sporting event.
(14) Reasonable lender standard.--The term ``reasonable
lender standard'' means application of underwriting criteria
that would be applied by a lender that is an insured depository
institution (as defined under section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813)) for an unsecured loan extended
to a consumer.
(15) Sporting event.--The term ``sporting event'' means any
athletic competition.
(16) Sports organization.--The term ``sports organization''
means--
(A) a person or governmental entity that--
(i) sponsors, organizes, schedules, or
conducts a sporting event; and
(ii) with respect to the sporting event and
the participants in the sporting event--
(I) prescribes final rules; and
(II) enforces a code of conduct;
and
(B) a league or association of 1 or more persons or
governmental entities described in subparagraph (A).
(17) Sports wager.--
(A) In general.--Except as provided in subparagraph
(C), the term ``sports wager'' means the staking or
risking by any person of something of value upon the
outcome of a sporting event, including the outcome of
any portion or aspect thereof, upon an agreement or
understanding that the person or another person will
receive something of value in the event of a certain
outcome.
(B) Inclusion.--With respect to an amateur or
professional sporting event, the term ``sports wager''
includes--
(i) a straight bet;
(ii) a teaser;
(iii) a variation of a teaser;
(iv) a parlay;
(v) a total or over-under;
(vi) a moneyline;
(vii) a betting pool;
(viii) exchange wagering;
(ix) in-game wagering, including in-game
wagering on--
(I) a final or interim game score;
(II) statistics; or
(III) a discrete in-game event;
(x) a sports lottery; and
(xi) a proposition bet.
(C) Exceptions.--The term ``sports wager'' does not
include--
(i) any activity excluded from the
definition of the term ``bet or wager'' under
section 5362 of title 31, United States Code;
or
(ii) any activity that does not violate a
provision of the Interstate Horseracing Act of
1978 (15 U.S.C. 3001 et seq.).
(18) Sports wagering.--The term ``sports wagering'' means
the acceptance of a sports wager by a sports wagering operator.
(19) Sports wagering operator.--The term ``sports wagering
operator'' means--
(A) a licensed gaming facility that offers sports
wagering; and
(B) an interactive sports wagering platform.
(20) Sports wagering opt-in state.--The term ``sports
wagering opt-in State'' means a State that administers a State
sports wagering program.
(21) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia; and
(C) any commonwealth, territory, or possession of
the United States.
(22) State regulatory entity.--The term ``State regulatory
entity'' means the governmental entity--
(A) established or designated by a sports wagering
opt-in State under section 102(a)(2)(A)(ii); and
(B) responsible, solely or in coordination with 1
or more other governmental entities, for the regulation
of sports wagering in the applicable sports wagering
opt-in State.
(23) State social gambling law.--The term ``State social
gambling law'' means a State law that allows sports wagering
that--
(A) is not conducted as a business;
(B) involves 2 or more players who compete on equal
terms; and
(C) does not provide a benefit to--
(i) a player, other than the winnings of
the player; or
(ii) a person who is not involved in a
sports wager.
(24) State sports wagering program.--The term ``State
sports wagering program'' means a program administered and
overseen by a State pursuant to an application approved by the
Attorney General under subsection (b) or (e) of section 102.
(25) Suspicious transaction.--The term ``suspicious
transaction'' means a transaction or an arrangement that a
sports wagering operator knows or has reason to know, as
determined by a director, officer, employee, or agent of the
sports wagering operator is or would be if completed--
(A) a violation of, or part of a plan to violate or
evade, any Federal, State, or local law (including
regulations); or
(B) sports wagering by or on behalf of an
individual described in subparagraph (C), (D), or (E)
of section 103(b)(4).
(26) Suspicious transaction report.--The term ``suspicious
transaction report'' means a report submitted to a State
regulatory entity or a sports organization under section
103(b)(13).
(27) Tribal-state compact.--The term ``Tribal-State
compact'' means a compact entered into between a State and an
Indian Tribe pursuant to section 11(d)(3) of the Indian Gaming
Regulatory Act (25 U.S.C. 2710(d)(3)).
TITLE I--MINIMUM FEDERAL STANDARDS FOR SPORTS BETTING
SEC. 101. GENERAL PROHIBITION ON SPORTS WAGERING.
(a) In General.--Except as provided in subsection (b), it shall be
unlawful for any person to knowingly accept a sports wager.
(b) Exceptions.--It shall not be a violation of subsection (a)
for--
(1) a sports wagering operator located in a sports wagering
opt-in State to accept a sports wager in accordance with State
law; or
(2) a person to accept a sports wager in accordance with an
applicable State social gambling law.
(c) Injunctions.--
(1) In general.--If the Attorney General believes a person
has violated, is violating, or will violate subsection (a), the
Attorney General may bring a civil action in the appropriate
district court of the United States or the appropriate United
States court of a territory or possession of the United States,
which shall have jurisdiction in proceedings in accordance with
the Federal Rules of Civil Procedure to enjoin a violation of
subsection (a).
(2) Jury trial.--In the case of an alleged violation of an
injunction or restraining order issued under paragraph (1),
trial shall be, on demand of the accused, by a jury in
accordance with the Federal Rules of Civil Procedure.
(d) Civil Penalties.--
(1) In general.--Any person who violates subsection (a)
shall be, with respect to any such violation, subject to a
civil penalty of not more than the greater of $10,000 or 3
times the amount of the applicable sports wager.
(2) Separate violations.--A separate violation occurs for
each sports wager accepted in violation of subsection (a).
(3) Jurisdiction.--The district courts of the United States
and appropriate United States courts of the territories and
possessions of the United States shall have jurisdiction to
enforce this subsection in accordance with section 1355 of
title 28, United States Code.
(4) Effect of law.--A violation of subsection (a) shall not
constitute a crime, and a judgment for the United States and
imposition of a civil penalty pursuant to paragraph (1) shall
not give rise to any disability or legal disadvantage based on
conviction for a criminal offense.
(e) Civil Penalty Not Exclusive of Criminal Penalty.--A civil
penalty, injunction, or temporary restraining order imposed under this
section shall be independent of, and not in lieu of, criminal
prosecutions or any other proceedings under any other law of the United
States, including sections 1084 and 1955 of title 18, United States
Code.
(f) Effective Date.--Subsection (a) shall take effect on the date
that is 18 months after the date of enactment of this Act.
SEC. 102. STATE SPORTS WAGERING PROGRAM.
(a) Initial Application.--
(1) In general.--To request approval to administer a State
sports wagering program, a State shall submit an application to
the Attorney General at such time, in such manner, and
accompanied by such information as the Attorney General may
require.
(2) Contents.--An application under paragraph (1) shall
include--
(A) a full and complete description of the State
sports wagering program the State proposes to
administer under State law, including--
(i) each applicable State law relating to
sports wagering; and
(ii) an identification of the State
regulatory entity; and
(B) an assurance from the attorney general or chief
legal officer of the State that the laws of the State
provide adequate authority to carry out the proposed
State sports wagering program.
(b) Approval by Attorney General.--
(1) In general.--Not later than 180 days after the date on
which the Attorney General receives a complete application
under this section, the Attorney General shall approve the
application unless the Attorney General determines that the
proposed State sports wagering program does not meet the
standards set forth in section 103.
(2) Denial of application.--A decision of the Attorney
General to deny an application submitted under this section
shall--
(A) be made in writing; and
(B) specify the 1 or more standards under section
103 that are not satisfied by the proposed State sports
wagering program.
(c) Notice of Material Changes.--In the case of a material change
to a State law relating to sports wagering, the State regulatory
entity, or other information included in an application submitted
pursuant to subsection (a) or (e), not later than 30 days after the
date on which the change is made, the State shall submit to the
Attorney General a notice of such change.
(d) Duration.--A State sports wagering program shall be valid for a
fixed 3-year period beginning on the date on which the Attorney General
approves the application of the applicable State under subsection (a)
or (e).
(e) Renewal Application and Approval.--Not later than the date on
which the 3-year period referred to in subsection (d) ends, a State
seeking to renew the approval of the State sports wagering program may
submit to the Attorney General a renewal application that--
(1) includes the information described in subsection (a);
and
(2) shall be subject to the approval process under
subsection (b).
(f) Revocation and Review.--
(1) Emergency revocation of approval.--The Attorney General
shall promulgate regulations that provide procedures by which
the Attorney General may revoke the approval of a State to
administer a State sports wagering program before the date on
which the 3-year term described in subsection (d) expires if
the Attorney General finds that the sports wagering program
does not meet 1 or more standards set forth in section 103.
(2) Administrative review.--The Attorney General shall
promulgate regulations that provide procedures by which a State
may seek administrative review of any decision by the Attorney
General--
(A) to deny an application under subsection (b);
(B) to deny a renewal application under subsection
(e); or
(C) to revoke an approval under paragraph (1) of
this subsection.
SEC. 103. STATE SPORTS WAGERING PROGRAM STANDARDS.
(a) In General.--The Attorney General shall approve an application
under section 102 unless the Attorney General determines that the
proposed State sports wagering program does not meet the standards set
forth in subsection (b).
(b) Standards for State Sports Wagering Programs.--A State sports
wagering program shall meet each of the following standards:
(1) State regulatory entity.--Establish or designate a
public entity in the applicable State as the State regulatory
entity for the purposes of regulating sports wagering operators
and enforcing sports wagering laws in the State.
(2) Permissible sports wagering.--
(A) In-person sports wagering.--Provide that in-
person sports wagering may be offered only by a sports
wagering operator.
(B) Internet sports wagering.--
(i) In general.--With respect to any
authorization of sports wagering on an
interactive sports wagering platform, provide
that such sports wagering, as available, is
available only to--
(I) individuals located in the
State; or
(II) in the case of an interstate
sports wagering compact approved by the
Attorney General, individuals located
in States and on Indian lands of Indian
Tribes that are party to the compact.
(ii) Location verification.--Include
location verification requirements reasonably
designed to prevent an individual from placing
a sports wager on an interactive sports
wagering platform from a location other than a
location described in clause (i).
(C) Sports wager approval.--
(i) In general.--Provide that a sports
wagering operator shall not accept a sports
wager unless such sports wager or class of
sports wagers is expressly approved by the
State regulatory entity.
(ii) Approval criteria.--Direct the State
regulatory entity to establish criteria for
decisions with respect to the approval of a
sports wager or a class of sports wagers, such
as whether the outcome of the event or
contingency on which the sports wager is placed
is--
(I) verifiable;
(II) generated by a reliable and
independent process; and
(III) unlikely to be affected by
any sports wager placed.
(D) Prohibition on amateur or intercollegiate
proposition bets.--Prohibit the State regulatory entity
from approving, or a sports wagering operator from
accepting, a proposition bet on--
(i) any amateur athletic competition; or
(ii) any intercollegiate sport (as defined
in the Sports Agent Responsibility and Trust
Act (15 U.S.C. 7801)).
(E) Prohibition of sports wagering on sporting
events that have commenced.--Prohibit the State
regulatory entity from approving, or a sports wagering
operator from accepting, a sports wager on any sporting
event, once such event has commenced.
(3) Restrictions on sports wagering to protect contest
integrity.--
(A) Definition of necessary to maintain contest
integrity.--In this paragraph, the term ``necessary to
maintain contest integrity'' means that, in the absence
of a restriction, there is a reasonably foreseeable
risk that the outcome of the sporting event or
contingency on which the wager is placed would be
affected by the wager.
(B) Contest integrity.--Prohibit a sports wagering
operator from accepting a sports wager in violation of
a notice of restriction received by the sports wagering
operator under subparagraph (E)(i).
(C) Request to restrict sports wagering.--
(i) In general.--With respect to a sporting
events sponsored, organized, or conducted by a
sports organization, permit the sports
organization to submit to the State regulatory
entity a request to restrict, limit, or exclude
wagers on 1 or more sporting events, including
by restricting, limiting, and excluding sports
wagers on 1 or more performances of an athlete
in 1 or more sporting events in which such
athlete participates, if the applicable sports
organization determines that such restriction
is necessary to maintain contest integrity.
(ii) Deadlines for submission.--Provide
that the State regulatory entity shall
establish reasonable deadlines for the
submission of a request under clause (i) in
advance of the applicable sporting event.
(D) Determination by the state regulatory entity.--
Provide that the State regulatory entity shall
promptly--
(i) approve a request described in
subparagraph (C)(i) unless the State regulatory
entity determines, considering any information
provided by the sports organization and any
other relevant information, that a restriction
is not necessary to maintain contest integrity;
(ii) provide a written explanation of a
determination under clause (i) to approve or
deny a request;
(iii) make such written explanation
available to the public; and
(iv) provide a process by which the sports
organization that submitted the request may
seek review of such determination.
(E) Notice of restriction.--Provide that the State
regulatory entity shall establish a process--
(i) to provide to sports wagering operators
prompt notice of any restriction approved by
the State regulatory entity; and
(ii) to make such notice publicly
available.
(4) Prevention of sports wagering by prohibited
individuals.--Prohibit a sports wagering operator from
accepting sports wagers from any--
(A) individual younger than 21 years of age;
(B) individual on the national self-exclusion list;
(C) athlete, coach, official, or employee of a
sports organization or any club or team of a sports
organization, with respect to a sporting event
sponsored, organized, or conducted by the sports
organization;
(D) employee of a player or an official union of a
sports organization, with respect to a sporting event
sponsored, organized, or conducted by the sports
organization;
(E) individual who, with respect to a sporting
event sponsored, organized, or conducted by a sports
organization, is--
(i) credentialed or accredited by the
sports organization; and
(ii) prohibited from placing a sports wager
by the terms of such credential or
accreditation; or
(F) individual convicted of an offense under
subsection (a) or (b) of section 224 of title 18,
United States Code.
(5) Authorized data.--
(A) Result of a sports wager.--
(i) Market transition period.--With respect
to any sports wager accepted on or before
December 31, 2024, provide that a sports
wagering operator shall determine the result of
a sports wager only with data that is licensed
and provided by--
(I) the applicable sports
organization; or
(II) an entity expressly authorized
by the applicable sports organization
to provide such information.
(ii) Post-transition period.--With respect
to any sports wager accepted after December 31,
2024, provide that a sports wagering operator
shall determine the result of a sports wager
only with data that is obtained from a source
that the State regulatory entity has--
(I) found to provide--
(aa) data of substantially
similar speed, accuracy, and
consistency to the data
available under clause (i); and
(bb) only data that is--
(AA) legally
obtained; and
(BB) in full
compliance with the
terms of any applicable
contract or license;
(II) expressly authorized to
provide such data to sports wagering
operators; and
(III) identified in the application
of the State regulatory entity under
section 102.
(B) Other purposes.--Provide that the statistics,
result, outcome, or other data used by a sports
wagering operator for a purpose other than to determine
the result of a sports wager shall be in the public
domain or otherwise legally obtained.
(6) Consumer protections.--
(A) Self-exclusion.--
(i) State self-exclusion list.--Provide a
process by which an individual may restrict
himself or herself from placing a sports wager
with a sports wagering operator located in the
State, including by imposing sports wager
limits.
(ii) National self-exclusion list.--
Provide, through the State regulatory entity
acting in cooperation with the Assistant
Secretary for Mental Health and Substance Use,
a process by which an individual may restrict
himself or herself from placing a sports wager
with a sports wagering operator located in any
sports wagering opt-in State, including by
imposing sports wager limits, and placing
himself or herself on the national self-
exclusion list.
(iii) Reasonable steps required.--Provide
that a sports wagering operator may not accept
a sports wager by an individual who is--
(I) described in clause (i); or
(II) included on the national self-
exclusion list.
(B) Withdrawal restrictions.--Prohibit a sports
wagering operator from--
(i) requiring an individual engaged in
sports wagering to participate in a publicity
or an advertising activity of the sports
wagering operator as a condition of withdrawal
of the winnings of the individual; and
(ii) imposing on any individual engaged in
sports wagering--
(I) a minimum or maximum withdrawal
limit for the account of the
individual;
(II) any restriction on the right
of the individual to make a withdrawal
from the account of the individual
based on the extent of the sports
wagering by the individual;
(III) an unreasonable deadline for
the provision of information relating
to the identity of the individual as a
condition of withdrawal from the
account of the individual; or
(IV) a dormancy charge for an
account of the individual that is not
used to place a sports wager.
(C) Disclosure.--
(i) Restrictions or conditions.--Provide
that a sports wagering operator shall provide
an individual with adequate and clear
information relating to any applicable
restriction or condition before the individual
opens an account with the sports wagering
operator.
(ii) Bonuses offered.--Provide that a
sports wagering operator shall provide to an
individual engaged in sports wagering clear
information relating to any bonus offered,
including the terms of withdrawal of the bonus.
(iii) Public availability.--Provide that
the information described in clauses (i) and
(ii) be available to the public.
(D) Treatment and education funding.--Provide that
a sports wagering operator shall allocate an
appropriate percentage of the revenue from sports
wagering to--
(i) treatment for gambling disorder; and
(ii) education on responsible gaming.
(E) Reserve requirement.--Provide that a sports
wagering operator shall maintain a reserve in an amount
not less than the sum of--
(i) the amounts held by the sports wagering
operator for the account of patrons;
(ii) the amounts accepted by the sports
wagering operator as sports wagers on
contingencies the outcomes of which have not
been determined; and
(iii) the amounts owed but unpaid by the
sports wagering operator on winning wagers
during the period for honoring winning wagers
established by State law or the sports wagering
operator.
(F) Affordability protections.--Provide that a
sports wagering operator--
(i) may not accept more than 5 deposits
from an individual during a 24-hour period;
(ii) may not accept deposits made using a
credit card; and
(iii) shall be required, before accepting
sport wagers from an individual in an amount
that is more than $1,000 during a 24-hour
period or $10,000 during a 30-day period, to
conduct an affordability check which shall be
satisfied by 1 or both of the following ways:
(I) Verification that the proposed
deposit is not greater than 30 percent
of the monthly income of the
individual.
(II) Verification through a
reasonable lender standard based on
issuance of an unsecured loan for the
proposed deposit through methods
normally used by consumer lenders.
(G) Artificial intelligence restriction.--Provide
that a sports wagering operator may not use artificial
intelligence to--
(i) track the sports wagers of an
individual;
(ii) create an offer or promotion targeting
a specific individual; or
(iii) create a gambling product, such as a
microbet.
(7) Advertising.--Provide that advertisements for a sports
wagering operator--
(A) shall--
(i) disclose the identity of the sports
wagering operator; and
(ii) provide information about how to
access resources relating to gambling
addiction;
(B) shall not recklessly or purposefully target--
(i) problem gamblers;
(ii) individuals suffering from gambling
disorder; or
(iii) individuals who are ineligible to
place a sports wager, including individuals
younger than 21 years of age;
(C) may not be broadcasted--
(i) between the hours of 8:00am and 10:00pm
local time; or
(ii) during a live broadcast of a sporting
event; and
(D) may not include--
(i) odds boosts or similar offers,
including advertising that contains the phrase
``bonus'', ``no sweat'', ``bonus bet'', or any
other similar term; or
(ii) any information on how to place a
sports wager or how sports wagers work.
(8) Licensing requirement.--
(A) In general.--Provide that a sports wagering
operator located in the State shall be licensed by the
State regulatory entity.
(B) Suitability for licensing.--
(i) In general.--Provide that before
granting a license to a prospective sports
wagering operator, the State regulatory entity
shall make a determination, based on a
completed background check and investigation,
with respect to whether the prospective sports
wagering operator and any person considered to
be in control of the prospective sports
wagering operator is suitable for license in
accordance with suitability standards
established by the State regulatory entity.
(ii) Associates of applicants.--Provide
that if a prospective sports wagering operator
is a corporation, partnership, or other
business entity, a background check and
investigation shall occur with respect to--
(I) the president or other chief
executive of the corporation,
partnership, or other business entity;
and
(II) any other partner or senior
executive and director of the
corporation, partnership, or other
business entity, as determined by the
State regulatory entity.
(iii) Background check and investigation.--
Establish standards and procedures for
conducting the background checks and
investigations described in this subparagraph.
(C) Unsuitability for licensing.--With respect to
the suitability standards under subparagraph (B)(i),
provide that a prospective sports wagering operator
shall not be determined to be suitable for licensing as
a sports wagering operator if the prospective sports
wagering operator--
(i) has failed to provide information and
documentary material for a determination of
suitability for licensing as a sports wagering
operator;
(ii) has supplied information which is
untrue or misleading as to a material fact
pertaining to any such determination;
(iii) has been convicted of an offense
punishable by imprisonment of more than 1 year;
(iv) is delinquent in--
(I) filing any applicable Federal
or State tax returns; or
(II) the payment of any taxes,
penalties, additions to tax, or
interest owed to the United States or a
State;
(v) on or after October 13, 2006--
(I) has knowingly participated in,
or should have known the prospective
sports wagering operator was
participating in, an illegal internet
gambling activity, including--
(aa) taking an illegal
internet wager;
(bb) payment of winnings on
an illegal internet wager;
(cc) promotion through
advertising of an illegal
internet gambling website or
service; or
(dd) collection of any
payment on behalf of an entity
operating an illegal internet
gambling website; or
(II) has knowingly been owned,
operated, managed, or employed by, or
should have known the prospective
sports wagering operator was owned,
operated, managed, or employed by, any
person who was knowingly participating
in, or should have known the person was
participating in, an illegal internet
gambling activity, including an
activity described in items (aa)
through (dd) of subclause (I);
(vi) has--
(I) received any assistance,
financial or otherwise, from a person
who has, before the date of enactment
of this Act, knowingly accepted bets or
wagers from any other person who is
physically present in the United States
in violation of Federal or State law;
or
(II) provided any assistance,
financial or otherwise, to a person who
has, before the date of enactment of
this Act, knowingly accepted bets or
wagers from any other person who is
physically present in the United States
in violation of Federal or State law;
(vii) with respect to any other entity that
has accepted a bet or wager from any individual
in violation of United States law, has
purchased or otherwise obtained--
(I) such entity;
(II) a list of the customers of
such entity; or
(III) any other part of the
equipment or operations of such entity;
or
(viii) fails to certify in writing, under
penalty of perjury, that the applicant or other
such person, and all affiliated business
entities (including all entities under common
control), during the entire history of such
applicant or other such person and all
affiliated business entities--
(I) have not committed an
intentional felony violation of Federal
or State sports wagering law; and
(II) have used diligence to prevent
any United States person from placing a
sports wager on an internet site in
violation of Federal or State sports
wagering laws.
(D) Revocation and suspension.--Establish standards
and procedures for suspending or revoking the license
of a sports wagering operator.
(9) Employee background checks.--Provide that a sports
wagering operator--
(A) shall ensure that each existing and newly hired
employee or contractor of the sports wagering operator
undergo an annual criminal history background check;
and
(B) shall not employ or enter into a contract with
any individual who has been convicted of a Federal or
State crime relating to sports wagering.
(10) Recordkeeping requirements.--
(A) In general.--Except as provided in subparagraph
(B), with respect to each sports wager accepted by a
sports wagering operator or attempted to be placed by
an individual with a sports wagering operator, provide
that the sports wagering operator shall secure and
maintain a record of the following:
(i) The name, permanent address, date of
birth, and social security number or passport
number of the individual who placed, or
attempted to place, the sports wager, which the
sports wagering operator shall verify in
accordance with the requirements for
verification of identity in parts 1010.312 and
1021.312 of title 31, Code of Federal
Regulations (or any successor regulation).
(ii) The amount and type of the sports
wager.
(iii) The date and time at which the sports
wager was placed or attempted to be placed.
(iv) The location at which the sports wager
was placed or attempted to be placed, including
the internet protocol address, if applicable.
(v) The outcome of the sports wager.
(B) Exception.--Provide that a sports wagering
operator shall not be required to maintain a record of
the information described in subparagraph (A) if--
(i) the sports wager is not placed by an
individual through an account with the sports
wagering operator;
(ii) the amount of the sports wager does
not exceed $10,000;
(iii) the sports wagering operator and any
officer, employee, or agent of the sports
wagering operator does not have knowledge, or
would not in the ordinary course of business
have reason to have knowledge, that the sports
wager is 1 of multiple sports wagers placed by
an individual or on behalf of an individual
during 1 day that are, in the aggregate, in
excess of $10,000; and
(iv) the sports wagering operator is not
required, pursuant to section 31.3402(q)-1 of
title 26, Code of Federal Regulations (or a
successor regulation), to furnish a Form W-2G
to the individual who placed the sports wager
with respect to winnings from the sports wager.
(C) Records relating to suspicious transactions.--
Provide that, in addition to the records required to be
maintained pursuant paragraph (A), a sports wagering
operator shall be required to maintain any other
records relating to a suspicious transaction, including
video recordings, in the possession, custody, or
control of the sports wagering operator.
(D) Duration of recordkeeping obligation.--Provide
that a sports wagering operator shall be required to
maintain each record required under this paragraph for
not fewer than 5 years after the date on which the
record is created.
(11) Data security.--Provide that a sports wagering
operator and the State regulatory entity shall take reasonable
steps to prevent unauthorized access to, or dissemination of,
sports wagering and customer data.
(12) Real-time information sharing.--Provide that a sports
wagering operator shall provide to the State regulatory entity
anonymized sports wagering data in real-time or as soon as
practicable, but not later than 24 hours, after the time at
which a sports wager is accepted by the sports wagering
operator.
(13) Suspicious transaction reporting.--
(A) Reporting to state regulatory entity.--Provide
that each sports wagering operator located in the State
shall promptly report the information described in
paragraph (10)(A) for any suspicious transaction to the
State regulatory entity, in such manner and accompanied
by such additional information as the State regulatory
entity may require.
(B) Reporting to sports organizations.--
(i) In general.--Subject to clause (ii),
provide that a sports wagering operator shall
simultaneously transmit to the applicable
sports organization, and any component of the
Department of Justice or other Federal law
enforcement entity designated by the Attorney
General to receive such reports, any suspicious
transaction report submitted to a State
regulatory entity under subparagraph (A).
(ii) Personally identifiable information.--
(I) In general.--Except as provided
in subclause (II), a suspicious
transaction report submitted to a
sports organization shall not contain
any personally identifiable information
relating to any individual who placed,
or attempted to place, a sports wager.
(II) Exception.--A suspicious
transaction report submitted to a
sports organization shall include any
available personally identifiable
information relating to an individual
described in subparagraph (C), (D), or
(E) of paragraph (4).
(14) Monitoring and enforcement.--
(A) In general.--Provide that the State regulatory
entity, in consultation with law enforcement, shall
develop and implement a strategy to enforce the sports
wagering laws of the State.
(B) Authority to monitor and enforcement.--Provide
adequate authority to the State regulatory entity and
law enforcement, as appropriate, to monitor compliance
with and enforce the sports wagering laws of the State,
including--
(i) the authority and responsibility to
conduct periodic audits and inspect the books
and records of each sports wagering operator
located or operating in the State; and
(ii) a requirement that the State
regulatory entity shall refer evidence of
potential criminal violations to the
appropriate law enforcement entity.
(15) Cooperation with investigations.--
(A) Sports wagering operators.--Provide that any
sports wagering operator located or operating in the
State shall cooperate with any lawful investigation
conducted by--
(i) the State regulatory entity;
(ii) Federal or State law enforcement; or
(iii) a sports organization, with respect
to a sports wager--
(I) on a sporting event sponsored,
organized, or conducted by the sports
organization;
(II) placed by or on behalf of an
individual described in subparagraph
(C), (D), or (E) of paragraph (4); and
(III) accepted by the sports
wagering operator.
(B) State regulatory entity.--Provide that the
State regulatory entity shall cooperate with any lawful
investigation conducted by--
(i) Federal or State law enforcement; or
(ii) a sports organization, with respect to
a sports wager--
(I) on a sporting event sponsored,
organized, or conducted by the sports
organization; and
(II) accepted by a sports wagering
operator located or operating in the
State.
(16) Internal controls.--
(A) In general.--Provide that each sports wagering
operator shall devise and maintain a system of internal
controls sufficient to provide reasonable assurances
that sports wagers are accepted in accordance with all
applicable laws, regulations, and policies.
(B) Minimum standards.--Provide that the State
regulatory entity shall adopt and publish minimum
standards for internal control procedures.
(C) Report.--Provide that each sports wagering
operator shall submit to the State regulatory entity
not less frequently than annually the written system of
internal controls of the sports wagering operator.
(D) Audit.--Provide that system of internal
controls of a sports wagering operator shall be
evaluated on a periodic basis, but not less frequently
than every 3 years, by the State regulatory entity or
an independent third-party auditor.
TITLE II--PUBLIC HEALTH IN SPORTS BETTING
SEC. 201. ANNUAL NATIONWIDE SURVEY ON ONLINE SPORTS BETTING.
Part D of title V of the Public Health Service Act (42 U.S.C. 290dd
et seq.) is amended by adding at the end the following:
``SEC. 553. ANNUAL NATIONWIDE SURVEY ON ONLINE SPORTS BETTING.
``(a) In General.--Not later than 1 year after the date of
enactment of this section, and annually thereafter, the Secretary
shall--
``(1) conduct a nationwide survey designed to provide
quantitative data regarding the scope of problem gambling and
gambling-related harm experienced by individuals using online
sports betting; and
``(2) make available to the public summaries and analyses
of the data collected pursuant to surveys under paragraph (1).
``(b) Issues To Be Surveyed.--Each survey under subsection (a)
shall include--
``(1) a survey of the rates and outcomes of online sports
betting; and
``(2) examination of the rates of potential problem
gambling and gambling-related harm by administering the Problem
Gambling Severity Index (Ferris and Wynne, 2001) to a select
sample of individuals engaged in online sports betting over the
12-month period covered by the survey.
``(c) Requirements.--The Secretary shall ensure that each survey
under subsection (a) is--
``(1) conducted by qualified researchers; and
``(2) not conducted, funded, or instructed by the gambling
industry.''.
SEC. 202. NATIONAL SELF-EXCLUSION LIST.
Part D of title V of the Public Health Service Act (42 U.S.C. 290dd
et seq.), as amended by section 201, is further amended by adding at
the end the following:
``SEC. 553A. NATIONAL SELF-EXCLUSION LIST.
``(a) In General.--In cooperation with State regulatory entities,
the Secretary shall maintain and administer--
``(1) a list (to be known as the `national self-exclusion
list') of individuals who, by placing themselves on the list,
restrict themselves from placing a sports wager with a sports
wagering operator located in any sports wagering opt-in State,
including by imposing sports wager limits; and
``(2) a process by which an individual may add or remove
himself or herself from the national self-exclusion list.
``(b) Definitions.--In this section, the terms `sports wager',
`sports wagering operator' and `sports wagering opt-in State' have the
meanings given to such terms in section 2 of the Supporting
Affordability and Fairness with Every Bet Act.''.
SEC. 203. SURGEON GENERAL'S REPORT ON PUBLIC HEALTH CHALLENGES
ASSOCIATED WITH SPORTS BETTING.
Not later than 1 year after the date of enactment of this Act, the
Surgeon General shall submit a report to Congress on the public health
challenges associated with widespread sports betting.
SEC. 204. SURVEILLANCE OF GAMBLING DISORDER.
Title III of the Public Health Service Act is amended by inserting
after section 317V (42 U.S.C. 247b-24) the following:
``SEC. 317W. SURVEILLANCE OF GAMBLING ADDICTION.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention and in coordination with
other appropriate agencies, shall, as appropriate--
``(1) enhance and expand infrastructure and activities to
track the epidemiology of gambling addiction; and
``(2) incorporate information obtained through such
infrastructure and activities into an integrated surveillance
system, which may consist of or include a registry, to be known
as the `National Gambling Addiction Surveillance System'.
``(b) Research.--The Secretary shall ensure that the National
Gambling Addiction Surveillance System, if established, is designed in
a manner that facilitates further research on gambling addiction.
``(c) Public Access.--Subject to subsection (d), the Secretary
shall ensure that information and analysis in the National Gambling
Addiction Surveillance System, if established, are available, as
appropriate, to the public, including researchers.
``(d) Privacy.--The Secretary shall ensure that information and
analysis in the National Gambling Addiction Surveillance System, if
established, are made available only to the extent permitted by
applicable Federal and State law, and in a manner that protects
personal privacy, to the extent required by applicable Federal and
State privacy law, at a minimum.''.
TITLE III--GENERAL PROVISIONS
SEC. 301. STATE AND TRIBAL AUTHORITY.
(a) Relation to Indian Gaming Regulatory Act.--
(1) In general.--For purposes of the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.), a sports wager made
through an interactive sports wagering platform shall be deemed
to be made at the physical location of the server or other
equipment used to accept the sports wager.
(2) Server on indian lands.--With respect to a sports wager
described in paragraph (1) accepted through a server or other
equipment located on Indian lands, the sports wager shall be
considered to be exclusively occurring on Indian lands if--
(A) the sports wager and the server are in the same
State; and
(B) the applicable State and Indian Tribe have
entered into a Tribal-State compact authorizing the
placing of sports wagers through interactive sports
wagering platforms.
(b) No Preemption.--Nothing in this Act preempts or limits the
authority of a State or an Indian Tribe to enact, adopt, promulgate, or
enforce any law, rule, regulation, or other measure with respect to
sports wagering that is in addition to, or more stringent than, the
requirements of this Act.
(c) Taxation of Sports Wagering.--Nothing in this Act limits or
otherwise affects the taxation of sports wagering by a State, an Indian
Tribe, or a locality.
SEC. 302. SEVERABILITY.
If a provision of this Act, an amendment made by this Act, a
regulation promulgated under this Act or under an amendment made by
this Act, or the application of any such provision, amendment, or
regulation to any person or circumstance, is held to be invalid, the
remaining provisions of this Act, amendments made by this Act,
regulations promulgated under this Act or under an amendment made by
this Act, or the application of such provisions, amendments, and
regulations to any person or circumstance--
(1) shall not be affected by the invalidity; and
(2) shall continue to be enforced to the maximum extent
practicable.
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