Sec. 106. Establishment of licensing program for internet gambling
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The Secretary shall have responsibility and authority for the following activities: Reviewing and qualifying applicants to become Internet gambling facilities under section 105(a)(2). Reviewing and qualifying agencies and regulatory bodies under section 105(a)(2). Exercising oversight over qualified bodies to ensure that qualified bodies— comply with the requirements of this title; and carry out their regulatory and enforcement functions under this title with appropriate diligence.
Investigating and taking appropriate remedial action with respect to any qualified body under section 105. Prescribing such regulations as may be necessary to administer and enforce the provisions of this title, including issuing regulations establishing rules and procedures for dealing with sums placed in escrow under subsection (l)(7), section 105(a)(6)(A)(i)(II), and section 114(b)(1)(E). Employing enforcement agents with sufficient training and experience to administer the requirements of this title and the regulations prescribed thereunder.
Enforcing the requirements of this title by all appropriate means provided under this title and other provisions of law. A qualified body may issue licenses under this title only for the operation of non-sports related Internet gambling facilities. Notwithstanding any other provision of law and subject to the provisions of this title, a licensee may accept a bet or wager with respect to Internet gambling from an individual located in the United States and may offer related services so long as the license of the licensee issued under this title remains in good standing.
Nothing in this title may be construed to require a person to obtain a license from more than one qualified body in order to operate an Internet gambling facility under this title. Except as provided in clause (ii), if a person seeks a certificate of suitability from a qualified body to provide services to a licensee or applicant as a significant vendor with respect to an Internet gambling facility, such person shall not be required to obtain a license under this title to provide such services with respect to that Internet gambling facility.
If a qualified body determines that requiring a person described in clause
(i)to seek a license is necessary to prevent evasion of any provision of this title, and requiring so would otherwise be consistent with the provisions of this title, such qualified body may require such person to seek a license under this title instead of a certificate of suitability. A licensee or an affiliate of a licensee may not operate an Internet gambling facility that accepts a bet or wager from an individual located outside of the United States unless the transaction is lawful under this Act and is not unlawful in the jurisdiction in which the individual is located. Nothing in this title shall be construed to authorize a licensee or a foreign affiliate thereof to accept a bet or wager from an individual located in any jurisdiction outside the United States that prohibits the licensee or a foreign affiliate from accepting such bet or wager. A person seeking to operate an Internet gambling facility under this title shall submit to the Office of Internet Gambling Oversight or any other qualified body an application for a license therefor at such time, in such form, and in such manner as the qualified body receiving the application considers appropriate. Each application submitted under paragraph
(1)shall include such information as the qualified body receiving the application considers appropriate, including at a minimum the following: Complete financial information about the applicant. Documentation showing the organization of the applicant and all related businesses and affiliates. The criminal and financial history of— the applicant; each of the senior executives and directors of the applicant; any other person who is in control of the applicant; and such other persons as the qualified body considers appropriate. Such other information as may be necessary for the suitability analysis required under subsection (d). Disclosure of all other applications for licenses previously or simultaneously submitted under paragraph
(1)to other qualified bodies and whether those applications are pending, were granted, or were denied. A detailed description of the applicant’s plan for complying with all applicable requirements and regulations prescribed pursuant to this title, with particular emphasis on the applicant’s ability to comply with the regulations prescribed under subsection (g). A certification by the applicant that the applicant consents to personal jurisdiction over the applicant by Federal courts and in the courts of the State or Indian tribe of the qualified body to which the applicant has applied with respect to a civil action relating to the operation of an Internet gambling facility. Each qualified body shall report all applicants for licensure and the dispositions of their applications to the Secretary promptly upon disposition of each application or in such intervals as the Secretary may prescribe. Each report under subparagraph
(A)shall include such information or documentation as the Secretary may require. No applicant shall be eligible to obtain a license under this title unless a qualified body, with whom the applicant has filed an application for a license, has determined, upon completion of a background check and investigation, that the applicant, any person considered to be in control of the applicant, all significant vendors of the applicant, and any other person determined by the qualified body as having significant influence on the applicant are suitable for licensing. An application for a license submitted to a qualified body under this title constitutes a request for a determination of the general character, integrity, and ability to participate or engage in or be associated with an Internet gambling facility, as appropriate, of the applicant, any person considered to be in control of the applicant, all significant vendors of the applicant, and all other persons determined by the qualified body as having significant influence on the applicant. If an entity undergoing a determination of suitability under this paragraph is a corporation, partnership, or other business entity, a background check and investigation shall be carried out by the applicable qualified body with respect to the president or other chief executive of the corporation, partnership, or business entity and such other partners or senior executives and directors or shareholders of the corporation, partnership, or entity as the qualified body considers appropriate. In carrying out clause (i), the qualified body shall, at a minimum, carry out a suitability review of the 5 individuals receiving the most compensation (whether in the form of salary, bonus, dividends, distributions, disbursement of profits, or otherwise) from the entity, any person that controls the entity, and such other individuals or entities as the qualified body considers appropriate. Each investigation and analysis of the suitability of a person with respect to an application for a license under this title, other than the applicant for such license, shall be carried out with the same degree of diligence as the investigation and analysis of the suitability of the applicant. Each qualified body that also issues licenses to casino gaming facilities shall ensure that each investigation and analysis of the suitability of a person carried out by the qualified body under this subsection is no less stringent than a suitability review carried out by the qualified body for the licensing of casino gaming facilities. For purposes of this title, an applicant and any other person subject to a determination of suitability under paragraph
(1)may only be considered suitable under this title if the applicant or person demonstrates to the applicable qualified body by clear and convincing evidence that the applicant or person— is a person of good character, honesty, and integrity; is a person whose prior activities, criminal record, if any, reputation, habits, and associations do not— pose a threat to the public interest or to the effective regulation and control of Internet gambling facilities; or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of Internet gambling facilities or the carrying on of the business and financial arrangements incidental to such facilities; is capable of and likely to conduct the activities for which the applicant is licensed or receives a certificate of suitability in accordance with the provisions of this title, any regulations prescribed under this title, and all other applicable laws; in the case of an applicant, has or guarantees acquisition of adequate business competence and experience in the operation of casino gaming facilities, Internet gambling facilities, or Internet gambling facilities; in the case of an applicant, has or will obtain sufficient financing for the nature of the proposed operation and from a suitable source; and has disclosed to the qualified body all known affiliations or relationships, whether direct or indirect, with persons and assets of persons described by section 114(b)(2). An applicant or any other person may not be determined to be suitable under this subsection if the applicant or such person— has failed to provide information and documentation material to a determination of suitability for licensing under paragraph (1); has supplied information which is untrue or misleading as to a material fact pertaining to any such determination; has been convicted of an offense that is punishable by imprisonment of more than 1 year; is delinquent in the payment of any applicable Federal or State tax, tax penalty, addition to tax, or interest owed to a jurisdiction in which the applicant or person operates or does business, unless such payment has been extended or is the subject of a pending judicial or administrative dispute; has not certified in writing, pursuant to subsection (c)(2)(G), that the person submits to personal jurisdiction in the United States; knowingly accepts or knowingly has accepted bets or wagers on sporting events from persons located in the United States in violation of a provision of Federal or State law; has affiliated with any person that knowingly accepts or knowingly has accepted bets or wagers on sporting events from persons located in the United States in violation of a provision of Federal or State law; or fails to comply with such other standard as the applicable qualified body considers appropriate. A licensee (and any other person who is required to be determined to be suitable for licensing in connection with such licensee) shall meet the standards necessary to be suitable for licensing or to receive a certificate of suitability, as the case may be, throughout the term of the license. If a qualifying body determines under paragraph
(1)that a significant vendor of an applicant is suitable under such paragraph, the qualifying body shall issue a certificate to such vendor that certifies the suitability of such vendor. A qualified body that issues a certificate to a significant vendor under subparagraph
(A)shall revoke the certificate if at any time the significant vendor no longer meets the standards necessary for a determination of suitability. A qualified body may, but need not, rely upon a certificate issued under subparagraph
(A)to a significant vendor with respect to one application in the review of the same significant vendor in other license applications. A qualified body may, but need not, accept a certificate issued to a significant vendor by another qualified body as evidence of the suitability of the significant vendor. A licensee shall promptly notify the qualified body that issued the license to the licensee of all persons that are not significant vendors that— direct, provide, or solicit customers to or for the licensee’s Internet gambling facility, or materially assist in any of those tasks, in return for a commission or other fee; hold themselves out to the public as offering bets or wagers on the licensee’s behalf; offer bets or wagers under their own names or brands but using and relying on the licensee’s Internet gambling facilities; license trademarks, trade names, service marks, or other similar intellectual property to the licensee; or own a substantial interest in or control a person described in clause (i), (ii), (iii), or (iv). A qualified body that reviews an application of an applicant for a license or issues a license to a licensee may, at the sole discretion of the qualified body and on a case-by-case basis, require as a condition of such license that a person meet suitability requirements under paragraph
(1)if the person— is described in subparagraph
(A)with respect to the applicant or licensee; provides services to an applicant or licensee and the qualified body determines that, with respect to such services, there is a substantial risk of circumvention of the suitability requirements applicable to significant vendors; or is associated with the applicant or licensee or one of the significant vendors of the applicant or licensee and the qualified body determines such person may pose a threat to the integrity of Internet gambling facilities operated by the applicant or licensee. A qualified body may require such information from an applicant, licensee, significant vendor or other person identified in this paragraph as the qualified body considers necessary to carry out this paragraph. If the Secretary or the qualified body that issued a license to a licensee finds that the licensee, or any other person that is subject to a required determination of suitability in connection with such licensee, ceases to meet the suitability requirements of this subsection at any time during the tenure of the license, the Secretary or the qualified body may take action to protect the public interest, including, if the Secretary or qualified body considers necessary, the suspension or termination of the license. Notwithstanding a determination under subparagraph (A), the Secretary or the qualified body that issued a license to a licensee may allow the licensee to continue engaging in licensed activities by imposing conditions on the person to which subparagraph
(A)is applicable under penalty of revocation or suspension of a license or certificate of suitability, including— the identification of any person determined to be unsuitable; and the establishment of appropriate safeguards to ensure such person is excluded from any management or involvement in operation of the licensed activities. If the Secretary or a qualified body finds that a licensee is no longer suitable under this subsection because such licensee has accepted bets or wagers as described in paragraph (3)(F) or has affiliated as described in paragraph (3)(G), the Secretary or the qualified body, as the case may be, shall revoke the license of such licensee in addition to the imposition of such other penalties as the Secretary or qualified body considers appropriate under this title. Each qualified body shall establish standards and procedures for conducting background checks and investigations for purposes of this subsection. Any written or oral statement made in the course of an official proceeding of the Secretary or a qualified body, by any member thereof, or any witness testifying under oath which is relevant to the purpose of the proceeding and relates to the review of an application for a license under this title shall not be admissible in any Federal or State court in a civil action to prove defamation. Any privilege recognized under any other provision of Federal, State, or tribal law, including attorney-client, physician-patient, and accountant-client privileges, shall not be waived or lost because a document or communication otherwise protected by the privilege is disclosed to the Secretary or a qualified body under this title. Except as set forth in provision
(ii)of this subsection, any communication or document, except information that is already public, shall be treated as confidential and may not be disclosed, in whole or part, by the Secretary or a qualified body without a lawful court order or as otherwise required by law, if the communication or document is— required by the Secretary or qualified body to be disclosed by the applicant, licensee, or significant vendor, including applications, financial or earnings information, and criminal records, whether of the applicant or licensee or of any affiliate, employee, officer, director or significant vendor thereof, or of any other third-party; prepared or obtained by an agent or employee of the Secretary or qualified body that contains information described in clause (i); or submitted by the applicant, licensee, or significant vendor in connection with a pending application or existing license. Nothing in this subsection shall limit the disclosure of information provided by an applicant, licensee, or significant vendor to the Secretary or qualified body to any official of the United States, or to any State regulatory or enforcement agency, requesting such information for any authorized purpose under Federal or State law, including but not limited to the administration or enforcement of Federal or State laws concerning internet gambling, U.S. tax laws, consumer protection, data protection, financial regulation, or for the purposes of any civil or criminal investigation. The cost of administering this title with respect to each applicant, licensee, and significant vendor, including the cost of any review or examination of a licensee or its significant vendors to ensure compliance with the terms of the license and this title, shall be assessed by the qualified body receiving an application or issuing a license against the applicant, licensee, or significant vendor, as the case may be, by written notice in an amount that the qualified body determines is necessary to meet the qualified body’s expenses in carrying out such administration, review, or examination. Expenses that are attributable to review or examination of a particular applicant, licensee, or significant vendor shall be assessed under subparagraph
(A)against that applicant, licensee, or significant vendor. Expenses for general administration shall be assessed against all licensees equally. The Secretary may establish user fees to be paid by applicants, licensees, and significant vendors in amounts the Secretary determines necessary to meet the Secretary’s cost of administering this title. Qualified bodies shall collect user fees established under clause
(i)from applicants, licensees, and significant vendors and turn them over promptly to the Secretary. Amounts assessed by the Secretary as user fees under clause
(i)shall— be available to the Secretary to cover expenses incurred by the Secretary in carrying out the provisions of this title; and not be construed to be Government funds or appropriated monies, or subject to apportionment for the purposes of any other provision of law. Except as provided in subparagraph (D), amounts assessed by a qualified body as user fees under this paragraph shall— be available to the qualified body to cover expenses incurred by the qualified body in carrying out the provisions of this title; and except in the case of the Office of Internet Gambling Oversight established under section 104, not be construed to be Government funds or appropriated monies, or subject to apportionment for the purposes of any other provision of law. If a licensee or significant vendor fails to pay a user fee to a qualified body under this paragraph after the assessment of the fee has become final— the qualified body may recover the amount assessed by action in a court of the State or Indian tribe of the qualified body or in the United States district court in the State in which such qualified body is located, along with any costs of collection and attorney fees; and such failure may be grounds for denial of an application for a license under this title or revocation of a license or certificate of suitability under this title. A user fee assessed against a significant vendor may be paid by an applicant or licensee on behalf of the significant vendor. With respect to a licensee, a user fee shall be the direct and exclusive obligation of the licensee and may not be deducted from amounts available as deposits to any person placing a bet or wager with the licensee. Except as provided in paragraph (2), a qualified body may issue to an applicant a license under this title for the operation of an Internet gambling facility if the applicant meets the criteria established by the qualified body under this title. Notwithstanding any license or certificate of suitability issued by a qualified body, the Secretary may suspend or revoke such license or certificate if the Secretary has reason to believe that the recipient does not meet the suitability requirements established under subsection
(d)or, as applicable, any other requirement imposed on a licensee under this title. The Secretary may not overturn a decision by a qualified body (other than the Office of Internet Gambling Oversight) to deny or to terminate a license or to deny or revoke a certificate of suitability. If a qualified body denies a license, terminates a license, denies a certificate of suitability, or revokes a certificate of suitability to a person and within 1 year of such denial, termination, or revocation another qualified body grants such person a license or certificate of suitability, the Secretary shall— commence a review of such license or certificate of suitability; and not later than 90 days after such commencement, determine whether to act under paragraph (2). In this subsection, the term control , with respect to a person, means the possession, directly or indirectly, of the power to direct or influence the direction of the management or policies of the person, whether through the ownership of voting securities, through a management, executive officer, or board position, by shareholders or similar agreement, or otherwise. No qualified body shall issue a license under this title unless the qualified body— prescribes regulations that prohibit a person from receiving or retaining a license under this title unless the person maintains or requires mechanisms so that the requirements described in paragraph
(2)are met with respect to the operation of an Internet gambling facility; and reviews the applicant’s ability to comply with the requirements of this subsection, including by testing the applicant’s systems and software, or by mandating such testing by an independent, qualified entity. The requirements described in this paragraph are as follows: Appropriate safeguards to ensure, to a reasonable degree of certainty, that the individual placing a bet or wager is not younger than 21 years of age, at the time of registration and all log ons. Appropriate safeguards to ensure, to a reasonable degree of certainty, that the individual placing a bet or wager is physically located in a jurisdiction that has opted in under section 108 at the time the bet or wager is placed, at the time of registration and all log ons. Appropriate mechanisms to ensure, to a reasonable degree of certainty, that all taxes relating to Internet gambling from persons engaged in bets or wagers relating to such Internet gambling are collected or reported, as required by law, at the time of any payment of proceeds of such bets or wagers. Appropriate mechanisms to ensure that all taxes relating to the operation of an Internet gambling facility from any licensee are collected as required by law and that adequate records to enable later audit or verification are maintained. Appropriate mechanisms to ensure that adequate records are maintained to enable later audit or verification that the licensee has paid all fees required under this title. Appropriate safeguards to prevent, to a reasonable degree of certainty, fraud, money laundering, tax evasion, and terrorist financing. Appropriate safeguards to ensure, to a reasonable degree of certainty, compliance with the requirements of section 107(b). Appropriate safeguards to protect, to a reasonable degree of certainty, the privacy and Internet security of any person engaged in bets or wagers with the licensee’s Internet gambling facility. Appropriate mechanisms to ensure that any user fee required under subsection
(e)is paid to the qualified body. Appropriate safeguards to ensure, to a reasonable degree of certainty, that Internet gambling games are fair and honest, and to prevent, to a reasonable degree of certainty, cheating, including collusion, and use of cheating devices, including use of software programs (sometimes referred to as bots ) that make bets or wagers according to algorithms. Appropriate safeguards to ensure player funds are held in accounts segregated from the funds of licensees and are otherwise protected from corporate insolvency, financial risk, or criminal or civil actions against the licensee. Such other mechanisms and safeguards as the qualified body may establish by regulation. A licensee shall maintain its remote gaming equipment within the territory of the United States throughout the term of its license. A qualified body may require a licensee of the qualified body to locate the remote gaming equipment of the licensee within the territory of the State or Indian tribe of the qualified body if the qualified body determines that such requirement will advance the regulatory interests of this title. A decision by a qualified body not to grant a person a license or certificate of suitability, or to terminate a license or revoke a certificate of suitability, is not reviewable under the law of any jurisdiction other than the jurisdiction of the qualified body. With respect to a decision described in paragraph
(1)of a qualified body, the State or Indian tribe of the jurisdiction of the qualified body may, but need not, provide an opportunity to appeal such decision. Any license issued under this title shall be issued for a 5-year term beginning on the date of issuance. A license may be renewed in accordance with requirements prescribed by the qualified body that issued the license under this title. A transfer of a license, change of control of a licensee, or change in significant vendor shall require prior approval by the qualified body that issued the license. The qualified body shall at a minimum ensure the suitability requirements of subsection
(d)continue to be satisfied before approving any such transfer or change. A determination whether a game, hand, tournament, or other contest of a licensee is authorized Internet gambling under this Act, and not prohibited sports-related Internet gambling, shall be made in the first instance by the qualified body that issued the license to such licensee under this title. A licensee or qualified body may challenge whether a game, hand, tournament, or other contest of another licensee is sports-related Internet gambling. A challenge made under clause
(i)shall be made with the Secretary. If a challenge is made under clause (i), the Secretary shall make a determination whether the game, hand, tournament, or other contest is sports-related Internet gambling not later than 30 days after the date on which the challenge is made. A licensee that offers a game, hand, tournament, or other contest that is challenged under clause
(i)may continue to offer such game, hand, tournament, or other contest until the Secretary makes a determination under clause (iii). Not later than 30 days after the date on which the Secretary makes a determination under subparagraph (B)(iii), a licensee or a qualified body may appeal such determination under chapter 7 of title 5, United States Code. During the period in which a game, hand, tournament, or other contest is being challenged through an appeal under clause (i), the United States District Court for the District of Columbia may allow a licensee to continue offering the game, hand, tournament, or other contest in full compliance with the terms of its existing license and any other conditions the court considers necessary, if the court determines that— the licensee has a reasonable likelihood of success on the merits; and allowing the licensee to continue offering the challenged game, hand, tournament, or other contest while the appeal is pending will not threaten the public interest. Except as provided in paragraph
(1)and unless otherwise specifically provided in this title, actions taken by a qualified body other than the Office of Internet Gambling Oversight may be challenged by applicants and licensees only as permitted under the law of the State or Indian tribe in which the qualified body is located. The Secretary may issue a summons with respect to an applicant or licensee necessary to carry out the provisions of this title. A summons issued by the Secretary pursuant to this paragraph may require that books, papers, records, or other data stored or maintained at any place be produced at any— business location of a licensee or applicant for a license; designated location in the State or Indian lands of the applicable qualified body; or designated location in the District of Columbia. The Secretary shall not be liable for any expense incurred in connection with the production of books, papers, records, or other data under this paragraph. Service of a summons issued under this subsection may be by registered mail or in such other manner calculated to give actual notice as determined by the Secretary. The Secretary may invoke the aid of any court of the United States to compel compliance with the summons within the jurisdiction of which— the investigation which gave rise to the summons or the examination is being or has been carried on; the person summoned is an inhabitant; or the person summoned carries on business or may be found. The court may issue an order requiring the person summoned to appear before the Secretary— to produce books, papers, records, and other data; to give testimony as may be necessary to explain how such material was compiled and maintained; to allow the Secretary to examine the business of a licensee; and to pay the costs of the proceeding. Any failure to obey the order of the court under this paragraph may be punished by the court as a contempt thereof. All process in any case under this subsection may be served in any judicial district in which such person may be found. A licensee may be subject to disciplinary action, including the imposition of civil penalties or suspension or revocation of its license, by a qualified body that issued a license to the licensee or by the Secretary if the licensee fails to comply with any provision of this title, any regulation prescribed thereunder, or any other applicable provision of State or tribal law. Only the Secretary or the qualified body which granted the license to a licensee may initiate disciplinary action under this title against the licensee. Nothing in this subsection shall be construed to limit or alter the application of any law other than this title to a licensee or affiliated person, or to effect the enforcement of such law by the appropriate law enforcement administrative, or regulatory entity. A qualified body shall commence disciplinary action under this subsection against a licensee upon service of a formal written complaint upon the licensee, with a copy forwarded to the Secretary, that sets forth the grounds for the disciplinary action and the proposed penalty that is being sought, which may include any or all of the imposition of a fine as provided pursuant to subsection (m)(1) or limitation, condition, suspension or revocation of the license. The process for disciplinary action under this subsection shall proceed according to the law of the jurisdiction of the applicable qualified body. Any disciplinary action under this subsection shall be treated as a final action. A licensee aggrieved by disciplinary action under this subsection by a qualified body may file an appeal in the jurisdiction where the qualified body taking such action is located only to the extent permitted by the law of such jurisdiction, or in Federal court as authorized by Federal law. During the period in which a suspension or revocation of an existing license is being challenged through a pending judicial proceeding, the court handling the challenge may allow the licensee to continue offering bets and wagers in full compliance with the terms of its existing license and any other conditions the court considers necessary, if the court determines that— the appellant has a reasonable likelihood of success on the merits; and allowing the appellant to continue offering bets and wagers while the appeal is pending will not threaten the public interest. If a licensee’s license is revoked and no appeal pursuant to paragraph
(5)is pending, the licensee shall— to the degree feasible, return all customer funds to United States customers in an orderly manner not later than 30 days after the date of the revocation of the license; and place in escrow those sums return of which to United States customers is not feasible due to change in customer address, bank details, or similar difficulty in an account with a financial institution in the United States for safekeeping and orderly disposition by the Secretary. If, in the course of carrying out the provisions of this title, the Secretary or a qualified body finds a substantial basis to believe that a person has violated section 103(a), the Secretary or qualified body shall refer such matter to the Attorney General. A qualified body may assess upon any licensee or other person subject to the requirements of this title for each violation of this title or any regulation prescribed or order issued under this title, a civil penalty of not more than the greater of— the amount involved in the violation, if any; $250,000 for an individual and $750,000 for a corporation; or such other amount as provided under the applicable State or tribal law of the qualified body. The Secretary may assess upon any licensee or other person subject to the requirements of this title for each violation of this title or any regulation prescribed or order issued under this title, a civil penalty of not more than the greater of— the amount involved in the violation, if any; or $250,000 for an individual and $750,000 for a corporation. The penalties authorized under subparagraphs
(A)and
(B)shall not be cumulative and only one such penalty may be assessed per violation. Clause
(i)shall not be construed to limit the authority of a qualifying body or the Secretary, as the case may be, to pursue a civil penalty for each violation of a related series of violations. Notwithstanding any other provision of law, the Secretary shall assess upon a person that is required to maintain a license under this title, but fails to maintain a license under this title, a civil penalty of not more than the greater of— the amount of bets or wagers taken by the person from players in the United States during the period that a license was needed but not held by the person; or $1,000,000 per day that the person accepts bets or wagers from players in the United States during the period that a license was needed but not held by the person. Nothing in this paragraph shall be construed to affect the ability of a law enforcement official to seek criminal penalties against a person. Qualified bodies and such other entities as are authorized by applicable State or tribal law shall enforce the provisions of this title under the law of the applicable State or Indian tribe, and penalties shall be determined, reviewable, collectable, and disposed of as provided under such law. Any penalty imposed under paragraph (1)(B) shall be assessed and collected by the Secretary by written notice. If, with respect to any assessment under paragraph (1)(B), a hearing is not requested pursuant to clause
(v)within the period of time allowed under such clause, the assessment shall constitute a final agency order. The Secretary may compromise, modify, or remit any penalty which the Secretary may assess or has already assessed under paragraph (1)(B). In determining the amount of any penalty imposed under paragraph (1)(B), the Secretary shall take into account the appropriateness of the penalty with respect to the following: The size of the financial resources and the good faith of the person against whom the penalty is assessed. The gravity of the violation. The history of previous violations. Such other matters as justice may require. The person against whom any penalty is assessed under paragraph (1)(B) shall be afforded a hearing by the Secretary if such person submits to the Secretary a request for such hearing not later than 20 days after the date of the issuance of the notice of assessment. If any person fails to pay an assessment after any penalty assessed under this subparagraph has become final, the Secretary shall recover the amount assessed by action in the appropriate United States district court. In any civil action under subclause (I), the validity and appropriateness of the penalty shall be subject to review for abuse of agency discretion. All penalties collected under authority of paragraph (1)(B) shall be deposited into the Treasury of the United States. Payment by a licensee of any civil penalty assessed under this subsection that has become final shall be a requirement for the retention of its license. The Secretary shall establish and maintain a list of all Internet gambling facilities licensed under this section. The Secretary shall update such list regularly and make such list publicly available on an Internet website.