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The following is the discussion of the passing of the PASPA Legislation:



PROFESSIONAL AND AMATEUR SPORTS PROTECTION ACT
 (Senate - October 07, 1992)

[Page: S17434]

Mr. BRADLEY. Mr. President, I ask that the Chair lay before the Senate a message from the House of Representatives on S . 474 .
The PRESIDING OFFICER laid before the Senate the following message from the House of Representatives:
Resolved, That the bill from the Senate (S . 474 ) entitled `An Act to prohibit sports gambling under State law', do pass with the following amendments:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the `Professional and Amateur Sports Protection Act'.
SEC. 2. PROFESSIONAL AND AMATEUR SPORTS PROTECTION.
(a) In General: Part VI of title 28 of the United States Code is amended by adding at the end the following:

`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 subparagraph (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 Indian 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 organization' means--
`(A) a person or governmental entity that sponsors, organizes, schedules, or conducts a competitive game in which one or more professional athletes participate, or
`(B) a league or association of persons or governmental entities described in subparagraph (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 several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Palau, or any territory or possession of the United States.
` 3702. Unlawful sports gambling
`It shall be unlawful for--
`(1) a governmental entity to sponsor, operate, 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, gambling, or wagering scheme based, directly or indirectly (through the use of geographical references or otherwise), on one or more competitive games in which amateur or professional athletes participate, or are intended to participate, or on one or more performances of such athletes in such games.
` 3703. Injunctions
`A civil action to enjoin a violation of section 3702 may be commenced in an appropriate district court of the United States by the Attorney General of the United States, or by a professional sports organization or amateur sports organization whose competitive game is alleged to be the basis of such violation.
` 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 statute 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 conducted in that State or other governmental entity at any time during the period beginning 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 comprehensive 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), section 3702 shall apply on lands described in section 4(4) of the Indian Gaming Regulatory Act (25 U.S.C. 2703(4)).'.
(b) Clerical Amendments: The table of chapters for part VI of title 28, United States Code, is amended--
(1) by amending the item relating to chapter 176 to read as follows:
`176. Federal Debt Collection Procedure
3001',

[Page: S17435]

and
(2) by adding at the end the following:
`178. Professional and Amateur Sports Protection
3701'.
SEC. 3. EFFECTIVE DATE.
This Act shall take effect on January 1, 1993.

Amend the title so as to read: `An Act to prohibit sports gambling under State law, and for other purposes.'.

[Page: S17434]

Mr. BRADLEY. Mr. President, I rise today to thank my colleagues for approving the Professional and Amateur Sports Protection Act.
Mr. President, initiatives to sanction wagering on sporting events have become increasingly attractive to States in recent years. We all recognize the fiscal constraints under which States operate in these tough economic times. But we must not forget the consequences of sports betting. Based on what I know about the dangers of sports betting, I am not prepared to risk the values that sports instill in youth just to add a few more dollars to state coffers.
Mr. President, State-sanctioned sports betting conveys the message that sports are more about money than personal achievement and sportsmanship. In these days of scandal and disillusionment, it is important that our youngsters not receive this message. As a former professional basketball player, I have witnessed firsthand some of the negative effects of sports gambling. If the dangers of State-sponsored sports betting are not confronted, the character of sports and youngsters' view of them could be seriously threatened.
Sports betting threatens the integrity of and public confidence in professional and amateur team sports, converting sports from wholesome athletic entertainment into a vehicle for gambling. Sports gambling raises people's suspicions about point-shaving and game-fixing. Where sports gambling occurs, fans cannot help but wonder if a missed free throw, dropped fly ball, or a missed extra point was part of a player's scheme to fix the game. If sports betting spreads, more and more fans will question every coaching decision and official's call. All of this puts undue pressure on players, coaches and officials. State-sponsored sports betting could change forever the relationship between the players and the game and between the game and the fans. Sports would become the gamblers' game and not the fans' game.
Mr. President, the bill the Senate has passed today contains a provision which effectively allows the State of New Jersey 1 year to establish casino-based sports betting by referendum. While I wish this bill did not contain such a provision, I am convinced that it would not have been possible to pass a ban on sports betting without it. My hope is that New Jersey will decide not to exercise this right.
The good news, Mr. President, is that this bill bans sports betting outright in 44 States and given one state, New Jersey, only 1 year to act before it too would be prohibited from allowing sports betting.
Again, I congratulate my colleagues for acting in the best interest of youngsters and athletes by passing this bill.

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