SAFE PORT ACT

The 'Security and Accountability For Every Port Act of 2006' (or 'SAFE Port Act', [1]) is an Act of Congress in the United States that covers port security and online gambling.
Title VIII of the Act is also known as the ''Unlawful Internet Gambling Enforcement Act of 2006''. This title (found at ) prohibits the transfer of funds from a financial institution to an Internet gambling site, with the notable exceptions of "fantasy" sports, online lotteries, and horse/harness racing.

Contents
Port security provisions
Legislative history
Responses from online gambling sites
WTO dispute
Challenge to UIGEA part of Act
See also
Notes
External links

Port security provisions


The SAFE Port Act codified into law a number of programs to improve security of U.S. ports, such as:

★ Additional requirements for maritime facitilties

★ Creation of the Transportation Worker Identification Credential

★ Establishment of interagency operational centers for port security

★ Port Security grants

★ Container Security Initiative

★ Foreign port assessments

★ Customs Trade Partnership Against Terrorism
In addition, the Act created the Domestic Nuclear Detection Office within the Department of Homeland Security and appropriated funds toward the Integrated Deepwater System Program, a long-term U.S. Coast Guard modernization program.[2]

Legislative history


The Act was passed at midnight on the day Congress adjourned for the 2006 elections. Though a bill with the gambling wording was previously debated and passed by the House of Representatives,[3][4][5] the SAFE Port Act (H.R. 4954) as passed by the House on May 4th (by a vote of 421-2) and the United States Senate on September 14th (98-0),[6] bore no traces of the Unlawful Internet Gambling and Enforcement Act that was included in the SAFE Port Act signed into law by George W. Bush on October 13th, 2006.[7] The UIGEA was added in Conference Report 109-711 (submitted at 9:29pm on September 292006), which was passed by the House of Representatives by a vote of 409-2 and by the Senate by unanimous consent on September 302006. Due to H. Res. 1064, the reading of this conference report was waived.
Among the more prominent Congressional supporters of the Act were Jim Leach, a former chairman of the House Banking Committee and Rep. Robert Goodlatte [R-VA], who co-authored H.R. 4411 (the Internet Gambling Prohibition and Enforcement Act). Bill Frist, former majority leader of the Senate, and Jon Kyl are both credited with expediting the UIGEA's passage through the Senate. Though the SAFE Port Act's provisions related to Internet gambling were drawn exclusively from H.R. 4411, significant portions were removed, including text relating to the Federal Wire Act.[8]
A prior version of the gambling part of the bill passed the House in 1999 but failed in the Senate in part due to the influence of lobbyist Jack Abramoff.

Responses from online gambling sites


All online gambling sites listed on the London Stock Exchange or similar markets have stopped taking United States players due to the passage of the Act, while most non-public companies have announced an intention to continue taking US customers.
PartyGaming Plc, which runs PartyPoker.com, had its publicly-traded stock drop almost 60% in 24 hours as a result of this bill being passed. The company was moved from the FTSE 100 to the FTSE 250 Index on October 11.[9]

WTO dispute


Antigua and the United States have been involved in a long-running World Trade Organization dispute over U.S. restrictions on online gambling. The WTO ruled on January 25, 2007 that the U.S. is in violation of its treaty obligations by not granting full market access to online gambling companies based in the island nation.[10] On March 30 the WTO confirmed the U.S. loss in the case.[11]
On June 19, Antigua filed a claim for USD $3.4 billion in trade sanctions against the United States, along with a request for authorization to ignore U.S. patent and copyright laws. This was followed by a day with similar demands for compensation made by the European Union. [12]

Challenge to UIGEA part of Act


In April 2007, U.S. Congressman Barney Frank introduced a bill to overturn the gambling aspects of the Act, saying "The existing legislation is an inappropriate interference on the personal freedom of Americans and this interference should be undone." Additionally the bill sets up the framework for taxing and regulating online gambling by individuals within the United States.[13]

See also



Maritime Transportation Security Act of 2002

Notes


1. , via House.gov
2. Congressional Budget Office analysis of H.R. 4954, prepared April 28, 2006
3. Transcript of the April 5th hearing
4. Transcript of July 11th floor speeches on H.R. 4411 - the Internet Gambling Prohibition and Enforcement Act
5. H.R. 4411 vote record
6. H.R. 4954 vote record
7. Nelson Rose: The Unlawful Internet Gambling Enforcement Act of 2006 Analyzed
8. CRS Report for Congress, 10-2-06
9. The Guardian: PartyGaming drops out of FTSE 100. Retrieved 9 October 2006
10. WTO rules against US in online gambling case
11. Reuters: WTO confirms U.S. loss in Internet gambling case
12. BBC: Antigua demands trade sanctions
13. House Finacial Services Committee: Frank Introduces Internet Gambling Regulation and Enforcement Act of 2007

External links



Forbes.com: Bush signs Safe Port Act

MSNBC.com: Will ban end Internet gambling? Don't bet on it

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