28 U.S.C. § 3702 — Unlawful sports gambling

Page 668 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 3308 (1) termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or (2) enforcement of a security interest in compliance with article 9 of the Uniform Com- mercial Code or its equivalent in effect in the State where the property is located. (f) LIMITATION OF VOIDABILITY.—A transfer is not voidable under section 3304(a)(2)— (1) to the extent the insider gives new value to or for the benefit of the debtor after the transfer is made unless the new value is se- cured by a valid lien; (2) if made in the ordinary course of business or financial affairs of the debtor and the in- sider; or (3) if made pursuant to a good-faith effort to rehabilitate the debtor and the transfer se- cured both present value given for that pur- pose and an antecedent debt of the debtor. (Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4963.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Nov. 29, 1990, and ap- plicable with respect to certain actions for debts owed the United States pending in court on that effective date, see section 3631 of Pub. L. 101–647, set out as a note under section 3001 of this title. § 3308. Supplementary provision Except as provided in this subchapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresenta- tion, duress, coercion, mistake, insolvency, or other validating or invalidating cause shall apply to actions and proceedings under this sub- chapter. (Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4964.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Nov. 29, 1990, and ap- plicable with respect to certain actions for debts owed the United States pending in court on that effective date, see section 3631 of Pub. L. 101–647, set out as a note under section 3001 of this title. CHAPTER 178—PROFESSIONAL AND AMATEUR SPORTS PROTECTION Sec. 3701. Definitions. 3702. Unlawful sports gambling. 3703. Injunctions. 3704. Applicability. § 3701. Definitions For purposes of this chapter— (1) the term ‘‘amateur sports organization’’ means— (A) a person or governmental entity that sponsors, organizes, schedules, or conducts a competitive game in which one or more amateur athletes participate, or (B) a league or association of persons or governmental entities described in subpara- graph (A), (2) the term ‘‘governmental entity’’ means a State, a political subdivision of a State, or an entity or organization, including an entity or organization described in section 4(5) of the In- dian Gaming Regulatory Act (25 U.S.C. 2703(5)), that has governmental authority within the territorial boundaries of the United States, including on lands described in section 4(4) of such Act (25 U.S.C. 2703(4)), (3) the term ‘‘professional sports organiza- tion’’ means— (A) a person or governmental entity that sponsors, organizes, schedules, or conducts a competitive game in which one or more pro- fessional athletes participate, or (B) a league or association of persons or governmental entities described in subpara- graph (A), (4) the term ‘‘person’’ has the meaning given such term in section 1 of title 1, and (5) the term ‘‘State’’ means any of the sev- eral States, the District of Columbia, the Commonwealth of Puerto Rico, the Common- wealth of the Northern Mariana Islands, Palau, or any territory or possession of the United States. (Added Pub. L. 102–559, § 2(a), Oct. 28, 1992, 106 Stat. 4227.) Editorial Notes CONSTITUTIONALITY For information regarding the constitutionality of certain provisions of this chapter, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 102–559, § 3, Oct. 28, 1992, 106 Stat. 4229, pro- vided that: ‘‘This Act [enacting this chapter and provi- sions set out as a note under section 1 of this title] shall take effect on January 1, 1993.’’ § 3702. Unlawful sports gambling It shall be unlawful for— (1) a governmental entity to sponsor, oper- ate, advertise, promote, license, or authorize by law or compact, or (2) a person to sponsor, operate, advertise, or promote, pursuant to the law or compact of a governmental entity, a lottery, sweepstakes, or other betting, gam- bling, or wagering scheme based, directly or in- directly (through the use of geographical ref- erences or otherwise), on one or more competi- tive games in which amateur or professional athletes participate, or are intended to partici- pate, or on one or more performances of such athletes in such games. (Added Pub. L. 102–559, § 2(a), Oct. 28, 1992, 106 Stat. 4228.) Editorial Notes CONSTITUTIONALITY For information regarding constitutionality of par. (1) of this section, as added by section 2(a) of Pub. L. 102–559, see note under section 3701 of this title. Page 669 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 3902 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1993, see section 3 of Pub. L. 102–559, set out as a note under section 3701 of this title. § 3703. Injunctions A civil action to enjoin a violation of section 3702 may be commenced in an appropriate dis- trict court of the United States by the Attorney General of the United States, or by a profes- sional sports organization or amateur sports or- ganization whose competitive game is alleged to be the basis of such violation. (Added Pub. L. 102–559, § 2(a), Oct. 28, 1992, 106 Stat. 4228.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1993, see section 3 of Pub. L. 102–559, set out as a note under section 3701 of this title. § 3704. Applicability (a) Section 3702 shall not apply to— (1) a lottery, sweepstakes, or other betting, gambling, or wagering scheme in operation in a State or other governmental entity, to the extent that the scheme was conducted by that State or other governmental entity at any time during the period beginning January 1, 1976, and ending August 31, 1990; (2) a lottery, sweepstakes, or other betting, gambling, or wagering scheme in operation in a State or other governmental entity where both— (A) such scheme was authorized by a stat- ute as in effect on October 2, 1991; and (B) a scheme described in section 3702 (other than one based on parimutuel animal racing or jai-alai games) actually was con- ducted in that State or other governmental entity at any time during the period begin- ning September 1, 1989, and ending October 2, 1991, pursuant to the law of that State or other governmental entity; (3) a betting, gambling, or wagering scheme, other than a lottery described in paragraph (1), conducted exclusively in casinos located in a municipality, but only to the extent that— (A) such scheme or a similar scheme was authorized, not later than one year after the effective date of this chapter, to be operated in that municipality; and (B) any commercial casino gaming scheme was in operation in such municipality throughout the 10-year period ending on such effective date pursuant to a comprehen- sive system of State regulation authorized by that State’s constitution and applicable solely to such municipality; or (4) parimutuel animal racing or jai-alai games. (b) Except as provided in subsection (a), sec- tion 3702 shall apply on lands described in sec- tion 4(4) of the Indian Gaming Regulatory Act (25 U.S.C. 2703(4)). (Added Pub. L. 102–559, § 2(a), Oct. 28, 1992, 106 Stat. 4228.) Editorial Notes REFERENCES IN TEXT The effective date of this chapter, referred to in sub- sec. (a)(3)(A), is Jan. 1, 1993, see section 3 of Pub. L. 102–559, set out as an Effective Date note under section 3701 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1993, see section 3 of Pub. L. 102–559, set out as a note under section 3701 of this title. CHAPTER 179—JUDICIAL REVIEW OF CER- TAIN ACTIONS BY PRESIDENTIAL OFFICES Sec. 3901. Civil actions. 3902. Judicial review of regulations. 3903. Effect of failure to issue regulations. 3904. Expedited review of certain appeals. 3905. Attorney’s fees and interest. 3906. Payments. 3907. Other judicial review prohibited. 3908. Definitions. § 3901. Civil actions (a) PARTIES.—In an action under section 1346(g) of this title, the defendant shall be the employing office alleged to have committed the violation involved. (b) JURY TRIAL.—In an action described in sub- section (a), any party may demand a jury trial where a jury trial would be available in an ac- tion against a private defendant under the rel- evant law made applicable by chapter 5 of title 3. In any case in which a violation of section 411 of title 3 is alleged, the court shall not inform the jury of the maximum amount of compen- satory damages available under section 411(b)(1) or 411(b)(3) of title 3. (Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110 Stat. 4070.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1997, see section 3(d) of Pub. L. 104–331, set out as a note under section 1296 of this title. § 3902. Judicial review of regulations In any proceeding under section 1296 or 1346(g) of this title in which the application of a regula- tion issued under chapter 5 of title 3 is at issue, the court may review the validity of the regula- tion in accordance with the provisions of sub- paragraphs (A) through (D) of section 706(2) of title 5. If the court determines that the regula- tion is invalid, the court shall apply, to the ex- tent necessary and appropriate, the most rel- evant substantive executive agency regulation promulgated to implement the statutory provi- sions with respect to which the invalid regula- tion was issued. Except as provided in this sec- tion, the validity of regulations issued under this chapter is not subject to judicial review. (Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110 Stat. 4070.)