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Sports Gambling in School: A Legal Analysis of Proposals to Strengthen Federal Prohibitions (CRS Report for Congress)

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Release Date July 31, 2002
Report Number RL30954
Report Type Report
Authors Charles Doyle, American Law Division
Source Agency Congressional Research Service
Summary:

Several proposals have been introduced in the 107th Congress to combat incidents of youthful gambling on sporting events. S. 718 (McCain et al.) and H.R. 1110 (Graham et al.) seek to accomplish this by implementing a National Gambling Impact Study Commission recommendation that gambling on college and high school sporting events be completely banned. Existing Federal law outlaws gambling on all professional and amateur sporting events, but exempts sports gambling in those states where it had been legalized prior to the federal prohibition. S. 718 and H.R. 1110 effectively repeal the exemption with respect to amateur sports gambling. Nevada is now the only state where such gambling is lawful. In addition to implementing the Commission's recommendation, proponents claim the bills protect the integrity of amateur sports and help reduce gambling among the young, particularly on college campuses. Critics contend that it will needlessly impose an economic hardship on the State of Nevada and is incompatible with the principles of federalism. S. 338 (Ensign et al.)/ H.R. 641 (Gibbons et al)) takes a different tack. It seeks to reduce illegal sports gambling among the young through a series of research, prosecutorial and administrative initiatives to eliminate gambling on college campuses and reduce illegal sports gambling. It creates a sports gambling task force, increases the maximum federal criminal penalties for sports gambling, calls for studies on sports gambling by juveniles and enforcement of existing gambling laws, and urges educational and governmental entities to develop and execute youth gambling education and prevention programs. The principal criticism of this Ensign/Gibbons proposal to date is that while its components might constitute a welcome supplement it is no substitute for the McCain-Graham proposal.