Page:United States Statutes at Large Volume 120.djvu/1987

 120 STAT. 1956

PUBLIC LAW 109–347—OCT. 13, 2006 ‘‘(ii) the bet or wager and the method by which the bet or wager is initiated and received or otherwise made is expressly authorized by and complies with the requirements of— ‘‘(I) the applicable tribal ordinance or resolution approved by the Chairman of the National Indian Gaming Commission; and ‘‘(II) with respect to class III gaming, the applicable Tribal-State Compact; ‘‘(iii) the applicable tribal ordinance or resolution or Tribal-State Compact includes— ‘‘(I) age and location verification requirements reasonably designed to block access to minors and persons located out of the applicable Tribal lands; and ‘‘(II) appropriate data security standards to prevent unauthorized access by any person whose age and current location has not been verified in accordance with the applicable tribal ordinance or resolution or Tribal-State Compact; and ‘‘(iv) the bet or wager does not violate any provision of— ‘‘(I) the Interstate Horseracing Act of 1978 (15 U.S.C. 3001 et seq.); ‘‘(II) chapter 178 of title 28 (commonly known as the ‘Professional and Amateur Sports Protection Act’); ‘‘(III) the Gambling Devices Transportation Act (15 U.S.C. 1171 et seq.); or ‘‘(IV) the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). ‘‘(D) INTERSTATE HORSERACING.— ‘‘(i) IN GENERAL.—The term ‘unlawful Internet gambling’ shall not include any activity that is allowed under the Interstate Horseracing Act of 1978 (15 U.S.C. 3001 et seq.). ‘‘(ii) RULE OF CONSTRUCTION REGARDING PREEMPTION.—Nothing in this subchapter may be construed to preempt any State law prohibiting gambling. ‘‘(iii) SENSE OF CONGRESS.—It is the sense of Congress that this subchapter shall not change which activities related to horse racing may or may not be allowed under Federal law. This subparagraph is intended to address concerns that this subchapter could have the effect of changing the existing relationship between the Interstate Horseracing Act and other Federal statutes in effect on the date of the enactment of this subchapter. This subchapter is not intended to change that relationship. This subchapter is not intended to resolve any existing disagreements over how to interpret the relationship between the Interstate Horseracing Act and other Federal statutes. ‘‘(E) INTERMEDIATE ROUTING.—The intermediate routing of electronic data shall not determine the location or locations in which a bet or wager is initiated, received, or otherwise made. ‘‘(11) OTHER TERMS.—

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