[Frills]

What the amendment nuked

"12 ‘‘(c) Nothing in this section prohibits the use of a
13 communication facility for the transmission of bets or wa14
gers or information assisting in the placing of bets or wa15
gers, if—
16 ‘‘(1) at the time the transmission occurs, the
17 individual or entity placing the bets or wagers or in18
formation assisting in the placing of bets or wagers,
19 the gambling business, and, subject to section
20 1084(b)(3), any individual or entity acting in con21
cert with a gambling business to process the bets or
22 wagers are physically located in the same State, and
23 for class II or class III gaming under the Indian
24 Gaming Regulatory Act, are physically located on
25 Indian lands within that State;
14
H.L.C.
1 ‘‘(2) the State or tribe has explicitly authorized
2 such bets and wagers, the State or tribal law re3
quires a secure and effective location and age ver4
ification system to assure compliance with age and
5 location requirements, and the gambling business
6 and any individual or entity acting in concert with
7 a gambling business to process the bets or wagers
8 complies with such law;
9 ‘‘(3) the State has explicitly authorized and li10
censed the operation of the gambling business and
11 any individual or entity acting in concert with a
12 gambling business to process the bets and wagers
13 within its borders or the tribe has explicitly author14
ized and licensed the operation of the gambling busi15
ness and any individual or entity acting in concert
16 with a gambling business to process the bets and
17 wagers, on Indian lands within its jurisdiction;
18 ‘‘(4) with respect to class II or class III gam19
ing, the game and gambling business complies with
20 the requirements of the Indian Gaming Regulatory
21 Act; and
22 ‘‘(5) with respect to class III gaming under the
23 Indian Gaming Regulatory Act, the game is author24
ized under, and is conducted in accordance with, the
25 respective Tribal-State compact of the Tribe having
15
H.L.C.
1 jurisdiction over the Indian lands where the indi2
vidual or entity placing the bets or wagers or infor3
mation assisting in the placing of bets or wagers, the
4 gambling business, and any individual or entity act5
ing in concert with a gambling business to process
6 those bets or wagers are physically located, and such
7 Tribal-State compact expressly provides that the
8 game may be conducted using a communication fa9
cility to transmit bets or wagers or information as10
sisting in the placing of bets or wagers.
11 For purposes of this subsection, the intermediate routing
12 of electronic data constituting or containing all or part of
13 a bet or wager, or all or part of information assisting in
14 the placing of bets or wagers, shall not determine the loca15
tion or locations in which a bet or wager is transmitted,
16 initiated, received or otherwise made; or from or to which
17 a bet or wager, or information assisting in the placing of
18 bets or wagers, is transmitted."


"21 (a) Nothing in this Act may be construed to prohibit
22 any activity that is allowed under Public Law 95–515 as
23 amended (15 U.S.C. 3001 et seq.)."

"1 SEC. 106. SENSE OF CONGRESS.
2 It is the sense of Congress that this Act does not
3 change which activities related to horse racing may or may
4 not be allowed under Federal law. Section 105 is intended
5 to address concerns that this Act could have the effect
6 of changing the existing relationship between the Inter7
state Horseracing Act (15 U.S.C. 3001 et seq.), and other
8 Federal statutes that were in effect at the time of this
9 Act’s consideration; this Act is not intended to change that
10 relationship; and this Act is not intended to resolve any
11 existing disagreements over how to interpret the relation12
ship between the Interstate Horseracing Act and other
13 Federal statutes"