31 U.S.C. § 5365 — Civil remedies

Page 506 TITLE 31—MONEY AND FINANCE § 5365 liance on the policies and procedures of the payment system, in an effort to comply with regulations prescribed under subsection (a), shall not be liable to any party for such action. (e) REGULATORY ENFORCEMENT.—The require- ments under this section shall be enforced exclu- sively by— (1) the Federal functional regulators, with respect to the designated payment systems and financial transaction providers subject to the respective jurisdiction of such regulators under section 505(a) of the Gramm-Leach-Bli- ley Act and section 5g of the Commodities Ex- change Act; and (2) the Federal Trade Commission, with re- spect to designated payment systems and fi- nancial transaction providers not otherwise subject to the jurisdiction of any Federal func- tional regulators (including the Commission) as described in paragraph (1). (Added Pub. L. 109–347, title VIII, § 802(a), Oct. 13, 2006, 120 Stat. 1958.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this subchapter, re- ferred to in subsec. (a), is the date of enactment of Pub. L. 109–347, which was approved Oct. 13, 2006. Section 505(a) of the Gramm-Leach-Bliley Act, re- ferred to in subsec. (e)(1), is classified to section 6805(a) of Title 15, Commerce and Trade. Section 5g of the Commodities Exchange Act, re- ferred to in subsec. (e)(1), is classified to section 7b–2 of Title 7, Agriculture. § 5365. Civil remedies (a) JURISDICTION.—In addition to any other remedy under current law, the district courts of the United States shall have original and exclu- sive jurisdiction to prevent and restrain re- stricted transactions by issuing appropriate or- ders in accordance with this section, regardless of whether a prosecution has been initiated under this subchapter. (b) PROCEEDINGS.— (1) INSTITUTION BY FEDERAL GOVERNMENT.— (A) IN GENERAL.—The United States, act- ing through the Attorney General, may in- stitute proceedings under this section to prevent or restrain a restricted transaction. (B) RELIEF.—Upon application of the United States under this paragraph, the dis- trict court may enter a temporary restrain- ing order, a preliminary injunction, or an in- junction against any person to prevent or re- strain a restricted transaction, in accord- ance with rule 65 of the Federal Rules of Civil Procedure. (2) INSTITUTION BY STATE ATTORNEY GEN- ERAL.— (A) IN GENERAL.—The attorney general (or other appropriate State official) of a State in which a restricted transaction allegedly has been or will be initiated, received, or otherwise made may institute proceedings under this section to prevent or restrain the violation or threatened violation. (B) RELIEF.—Upon application of the attor- ney general (or other appropriate State offi- cial) of an affected State under this para- graph, the district court may enter a tem- porary restraining order, a preliminary in- junction, or an injunction against any per- son to prevent or restrain a restricted trans- action, in accordance with rule 65 of the Federal Rules of Civil Procedure. (3) INDIAN LANDS.— (A) IN GENERAL.—Notwithstanding para- graphs (1) and (2), for a restricted trans- action that allegedly has been or will be ini- tiated, received, or otherwise made on In- dian lands (as that term is defined in section 4 of the Indian Gaming Regulatory Act)— (i) the United States shall have the en- forcement authority provided under para- graph (1); and (ii) the enforcement authorities specified in an applicable Tribal-State Compact ne- gotiated under section 11 of the Indian Gaming Regulatory Act (25 U.S.C. 2710) shall be carried out in accordance with that compact. (B) RULE OF CONSTRUCTION.—No provision of this section shall be construed as altering, superseding, or otherwise affecting the ap- plication of the Indian Gaming Regulatory Act. (c) LIMITATION RELATING TO INTERACTIVE COM- PUTER SERVICES.— (1) IN GENERAL.—Relief granted under this section against an interactive computer serv- ice shall— (A) be limited to the removal of, or dis- abling of access to, an online site violating section 5363, or a hypertext link to an online site violating such section, that resides on a computer server that such service controls or operates, except that the limitation in this subparagraph shall not apply if the serv- ice is subject to liability under this section under section 5367; (B) be available only after notice to the interactive computer service and an oppor- tunity for the service to appear are provided; (C) not impose any obligation on an inter- active computer service to monitor its serv- ice or to affirmatively seek facts indicating activity violating this subchapter; (D) specify the interactive computer serv- ice to which it applies; and (E) specifically identify the location of the online site or hypertext link to be removed or access to which is to be disabled. (2) COORDINATION WITH OTHER LAW.—An inter- active computer service that does not violate this subchapter shall not be liable under sec- tion 1084(d) of title 18, except that the limita- tion in this paragraph shall not apply if an interactive computer service has actual knowledge and control of bets and wagers and— (A) operates, manages, supervises, or di- rects an Internet website at which unlawful bets or wagers may be placed, received, or otherwise made or at which unlawful bets or wagers are offered to be placed, received, or otherwise made; or (B) owns or controls, or is owned or con- trolled by, any person who operates, man- Page 507 TITLE 31—MONEY AND FINANCE § 6101 1 So in original. Probably should be capitalized. ages, supervises, or directs an Internet website at which unlawful bets or wagers may be placed, received, or otherwise made, or at which unlawful bets or wagers are of- fered to be placed, received, or otherwise made. (d) LIMITATION ON INJUNCTIONS AGAINST REGU- LATED PERSONS.—Notwithstanding any other provision of this section, and subject to section 5367, no provision of this subchapter shall be construed as authorizing the Attorney General of the United States, or the attorney general (or other appropriate State official) of any State to institute proceedings to prevent or restrain a re- stricted transaction against any financial trans- action provider, to the extent that the person is acting as a financial transaction provider. (Added Pub. L. 109–347, title VIII, § 802(a), Oct. 13, 2006, 120 Stat. 1959.) Editorial Notes REFERENCES IN TEXT Rule 65 of the Federal Rules of Civil Procedure, re- ferred to in subsec. (b)(1)(B), (2)(B), is set out in the Ap- pendix to Title 28, Judiciary and Judicial Procedure. The Indian Gaming Regulatory Act, referred to in subsec. (b)(3), is Pub. L. 100–497, Oct. 17, 1988, 102 Stat. 2467, which is classified principally to chapter 29 (§ 2701 et seq.) of Title 25, Indians. Section 4 of the Act is classsified to section 2703 of Title 25. For complete clas- sification of this Act to the Code, see Short Title note set out under section 2701 of Title 25 and Tables. § 5366. Criminal penalties (a) IN GENERAL.—Any person who violates sec- tion 5363 shall be fined under title 18, imprisoned for not more than 5 years, or both. (b) PERMANENT INJUNCTION.—Upon conviction of a person under this section, the court may enter a permanent injunction enjoining such person from placing, receiving, or otherwise making bets or wagers or sending, receiving, or inviting information assisting in the placing of bets or wagers. (Added Pub. L. 109–347, title VIII, § 802(a), Oct. 13, 2006, 120 Stat. 1961.) § 5367. Circumventions prohibited Notwithstanding section 5362(2), a financial transaction provider, or any interactive com- puter service or telecommunications service, may be liable under this subchapter if such per- son has actual knowledge and control of bets and wagers, and— (1) operates, manages, supervises, or directs an Internet website at which unlawful bets or wagers may be placed, received, or otherwise made, or at which unlawful bets or wagers are offered to be placed, received, or otherwise made; or (2) owns or controls, or is owned or con- trolled by, any person who operates, manages, supervises, or directs an Internet website at which unlawful bets or wagers may be placed, received, or otherwise made, or at which un- lawful bets or wagers are offered to be placed, received, or otherwise made. (Added Pub. L. 109–347, title VIII, § 802(a), Oct. 13, 2006, 120 Stat. 1961.) SUBTITLE V—GENERAL ASSISTANCE ADMINISTRATION Chap. Sec. 61. Program Information ......................... 6101 62. Consolidated Federal Funds Re- port ...................................................... 6201 63. Using Procurement Contracts and Grant and Cooperative Agree- ments .................................................. 6301 64. Data standards for grant report- ing 1 ..................................................... 6401 65. Intergovernmental Cooperation ..... 6501 67. Federal payments 1 ............................. 6701 69. Payment for Entitlement Land ....... 6901 71. Joint Funding Simplification .......... 7101 73. Administering Block Grants ............ 7301 75. Requirements for Single Audits ...... 7501 77. Access to information for debt col- lection 1 ............................................... 7701 Editorial Notes AMENDMENTS 2019—Pub. L. 116–103, § 4(b), Dec. 30, 2019, 133 Stat. 3270, added item for chapter 64. 1996—Pub. L. 104–134, title III, § 31001(i)(3)(B), Apr. 26, 1996, 110 Stat. 1321–365, which directed that the table of chapters for subtitle VI of this title be amended by in- serting a new item for chapter 77 ‘‘Access to informa- tion for debt collection’’ before the item for chapter 91, was executed to the table of chapters for subtitle V of this title by substituting ‘‘Access to information for debt collection’’ for ‘‘Loan Requirements’’ in item for chapter 77, to reflect the probable intent of Congress. 1994—Pub. L. 103–322, title III, § 31002, Sept. 13, 1994, 108 Stat. 1882, added item for chapter 67. Pub. L. 103–272, § 4(f)(1)(Y)(ii), July 5, 1994, 108 Stat. 1363, added item for chapter 77. 1986—Pub. L. 99–547, § 2(c), Oct. 27, 1986, 100 Stat. 3060, added item for chapter 62. Pub. L. 99–272, title XIV, § 14001(b)(1), Apr. 7, 1986, 100 Stat. 328, struck out item for chapter 67 ‘‘Revenue Sharing’’. 1984—Pub. L. 98–502, § 2(c), Oct. 19, 1984, 98 Stat. 2334, added item for chapter 75. CHAPTER 61—PROGRAM INFORMATION Sec. 6101. Definitions. 6102. Program information requirements. 6102a. Assistance awards information system. 6103. Access to computer information system. 6104. Catalog of Federal domestic assistance pro- grams. 6105. Oversight responsibility of Director. 6106. Authorization of appropriations. Editorial Notes AMENDMENTS 1983—Pub. L. 98–169, § 6, Nov. 29, 1983, 97 Stat. 1115, added items 6105 and 6106, and struck out item 6105 ‘‘Authorization of appropriations’’. Pub. L. 97–452, § 1(23)(B), Jan. 12, 1983, 96 Stat. 2478, added item 6102a. § 6101. Definitions In this chapter— (1) ‘‘administering office’’ means the lowest unit of an agency responsible for managing a domestic assistance program.