§5361 — Title 31 Money and Finance | U.S. Code

Summary

Congress finds that Internet gambling is mostly paid for with personal payment tools like credit cards, wire transfers, and other account-based systems. In 1999, the National Gambling Impact Study Commission recommended banning wire transfers to Internet gambling sites or to the banks that serve them. Internet gambling is creating more debt-collection problems for insured depository institutions and the consumer credit industry. Because online gambling often crosses state or national borders, traditional law enforcement can be ineffective and new enforcement methods are needed. Nothing here changes any federal or state law or any Tribal‑State compact that bans, allows, or regulates gambling in the United States.

Title 31, §5361

Money and Finance — Source: USLM XML via OLRC

(a)Congress finds the following:

(1)Internet gambling is primarily funded through personal use of payment system instruments, credit cards, and wire transfers.

(2)The National Gambling Impact Study Commission in 1999 recommended the passage of legislation to prohibit wire transfers to Internet gambling sites or the banks which represent such sites.

(3)Internet gambling is a growing cause of debt collection problems for insured depository institutions and the consumer credit industry.

(4)New mechanisms for enforcing gambling laws on the Internet are necessary because traditional law enforcement mechanisms are often inadequate for enforcing gambling prohibitions or regulations on the Internet, especially where such gambling crosses State or national borders.

(b)No provision of this subchapter shall be construed as altering, limiting, or extending any Federal or State law or Tribal-State compact prohibiting, permitting, or regulating gambling within the United States.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Internet Gambling In or Through Foreign Jurisdictions Pub. L. 109–347, title VIII, § 803, Oct. 13, 2006, 120 Stat. 1962, provided that: “(a) In General.—In deliberations between the United States Government and any foreign country on money laundering, corruption, and crime issues, the United States Government should—“(1) encourage cooperation by foreign governments and relevant international fora in identifying whether Internet gambling operations are being used for money laundering, corruption, or other crimes; “(2) advance policies that promote the cooperation of foreign governments, through information sharing or other measures, in the

Enforcement

of this Act [probably means title VIII of Pub. L. 109–347, which enacted this subchapter, see

Short Title

of 2006 Amendment note set out under section 5301 of this title]; and “(3) encourage the Financial Action Task Force on Money Laundering, in its annual report on money laundering typologies, to study the extent to which Internet gambling operations are being used for money laundering purposes. “(b) Report Required.—The Secretary of the Treasury shall submit an annual report to the Congress on any deliberations between the United States and other countries on issues relating to Internet gambling.”

§5361 Congressional findings and purpose