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H.R. 1224 (ih) To amend the Internal Revenue Code of 1986 to permit teachers at the elementary and secondary school level, whether or not they itemize deductions, to deduct reasonable and incidental expenses related to instruction, teaching, or other educ...


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108th CONGRESS
  1st Session
                                H. R. 1223

 To create a commission on Internet gambling licensing and regulation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 12, 2003

   Mr. Conyers (for himself, Mr. Cannon, Ms. Berkley, and Mr. Baca) 
 introduced the following bill; which was referred to the Committee on 
    the Judiciary, and in addition to the Committees on Energy and 
   Commerce, and Financial Services, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To create a commission on Internet gambling licensing and regulation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

     This Act shall be known as the ``Internet Gambling Licensing and 
Regulation Commission Act''.

SEC. 2. FINDINGS AND POLICY.

     The Congress finds the following:
            (1) Gambling is regulated primarily by State and tribal 
        governments, whose statutes and regulations govern the 
        placement and acceptance of wagers within state boundaries.
            (2) Online gaming is an activity occurring in interstate 
        commerce with millions of Americans participating.
            (3) The advent of advanced telecommunications technologies, 
        and the Internet in particular, has rendered state regulation 
        less effective and confusing with respect to online wagering.
            (4) Federal statutes governing interstate placement of 
        wagers are contradictory and confusing, and they do not 
        adequately address the issues involved with gambling over the 
        Internet, including gambling by minors, problem gamblers, and 
        the susceptibility of Internet gambling to money laundering.
            (5) Commercial casino operations, Native American tribal 
        gaming operations, State lotteries, horse and dog racing 
        tracks, jai alai, and card rooms have made legal land-based 
        gambling available to the vast majority of Americans.
            (6) The use of various types of credit, credit cards, 
        electronic fund transfers, and bank instruments is the 
        principal manner in which individuals fund their engagement in 
        Internet gambling.
            (7) Online gaming should be subject to the consumer 
        protection laws of the United States.
            (8) Various forms of gambling, including inter alia, 
        casino-style, sports wagering, parimutuel wagering (including 
        horse racing, dog racing, and jai alai), State lotteries, 
        noncasino slot machines and others, are subject to disparate 
        Federal, State, and tribal laws and regulations.
            (9) Because of the nature of the Internet, legislative 
        attempts to prohibit Internet gambling are unlikely to be 
        effective, and may adversely impact American's rights to due 
        process and individual privacy.
            (10) It is the policy of the Congress in this Act to 
        establish a commission to study and resolve issues posed by the 
        regulation of interstate commerce with respect to Internet 
        gambling.

SEC. 3. INTERNET GAMBLING LICENSING AND REGULATION STUDY COMMISSION.

    (a) Establishment of Commission.--There is established a commission 
to be known as the Internet Gambling Licensing and Regulation Study 
Commission (hereinafter referred to in this Act as the ``Commission''). 
The Commission shall--
            (1) be composed of 5 members appointed in accordance with 
        subsection (b); and
            (2) conduct its business in accordance with the provisions 
        of this Act.
    (b) Membership.--
            (1) In general.--The Commissioners shall be appointed for 
        the life of the Commission as follows:
                    (A) 1 shall be appointed by the Speaker of the 
                House of Representatives.
                    (B) 1 shall be appointed by the Minority Leader of 
                the House of Representatives.
                    (C) 1 shall be appointed by the Majority Leader of 
                the Senate.
                    (D) 1 shall be appointed by the Minority Leader of 
                the Senate.
                    (E) The 4 commissioners appointed in subparagraphs 
                (A), (B), (C), and (D) shall select by consensus the 
                fifth Commissioner, who shall be the Chairman of the 
                Commission.
            (2) Persons eligible.--The members of the Commission shall 
        be individuals who have knowledge or expertise, whether by 
        experience or training, in matters to be studied by the 
        Commission under section 4. The members may be from the public 
        or private sector, and may include Federal, State, local, or 
        Native American tribal officers or employees, members of 
        academia, nonprofit organizations, industry, or other 
        interested individuals.
            (3) Consultation required.--The Speaker of the House of 
        Representatives, the Minority Leader of the House of 
        Representatives, the Majority Leader of the Senate, and the 
        Minority Leader of the Senate shall consult among themselves 
        prior to the appointment of the members of the Commission in 
        order to achieve, to the maximum extent possible, fair and 
        equitable representation of various points of view with respect 
        to the matters to be studied by the Commission under section 4.
            (4) Completion of appointments; vacancies.--The Speaker of 
        the House of Representatives, the Minority Leader of the House 
        of Representatives, the Majority Leader of the Senate, and the 
        Minority Leader of the Senate shall conduct the consultation 
        required under paragraph (3) and shall each make their 
        respective appointments not later than 60 days after the date 
        of enactment of this Act. Any vacancy that occurs during the 
        life of the Commission shall not affect the powers of the 
        Commission, and shall be filled in the same manner as the 
        original appointment not later than 60 days after the vacancy 
        occurs.
            (5) Operation of the commission.--
                    (A) Meetings.--The Commission shall meet at the 
                call of the Chairman. The initial meeting of the 
                Commission shall be conducted not later than 30 days 
                after the appointment of the last member of the 
                Commission, or not later than 30 days after the date on 
                which appropriated funds are available for the 
                Commission, whichever is later.
                    (B) Quorum; voting; rules.--A majority of the 
                members of the Commission shall constitute a quorum to 
                conduct business, but the Commission may establish a 
                lesser quorum for conducting hearings scheduled by the 
                Commission. Each member of the Commission shall have 1 
                vote, and the vote of each member shall be accorded the 
                same weight. The Commission may establish by majority 
                vote any other rules for the conduct of the 
                Commission's business, if such rules are not 
                inconsistent with this Act or other applicable law.

SEC. 4. DUTIES OF THE COMMISSION.

    (a) Study.--
            (1) In general.--It shall be the duty of the Commission to 
        conduct a comprehensive study of the existing legal framework 
        governing Internet gambling and the issues involved with the 
        licensing and regulation of Internet gambling.
            (2) Matters to be studied.--The matters studied by the 
        Commission under paragraph (1) shall include, but not be 
        limited to--
                    (A) a review of existing international, Federal, 
                State, tribal, and local laws governing various forms 
                of wagering over the Internet, the effectiveness of 
                those laws, and their conformity with each other;
                    (B) an assessment of the impact of Internet 
                gambling with respect to problem gambling;
                    (C) an assessment of the impact of Internet 
                gambling on the availability of gambling to minors;
                    (D) an assessment of the susceptibility of Internet 
                gambling to money laundering by terrorists or criminal 
                enterprises;
                    (E) the potential of regulatory measures to 
                minimize any adverse impacts of Internet gambling, 
                including the problems identified in subparagraphs (B), 
                (C), and (D);
                    (F) an evaluation of the personal use of credit, 
                credit cards, electronic fund transfers, and bank 
                instruments to fund the engagement in Internet 
                gambling, including an assessment of the potential of 
                these means to minimize any adverse impacts of Internet 
                gambling, including the problems identified in 
                subparagraphs (B), (C), and (D);
                    (G) issues of federalism posed by the regulation of 
                Internet gambling, and the reconciliation of a state-
                based legal framework with an inherently interstate and 
                international medium such as the Internet;
                    (H) the problems of unregulated international 
                Internet wagering, and options for the Federal 
                Government to seek international cooperation in the 
                licensing and regulation of such gambling; and
                    (I) an assessment of the activities in the European 
                Union member states to regulate and license Internet 
                gambling.
    (b) Report.--Not later than 1 year after the date on which the 
Commission first meets, the Commission shall submit to the President, 
the Congress, State Governors, and Native American tribal governments a 
comprehensive report on the Commission's findings and conclusions.
    (c) Recommendations.--Not later than 6 months after the submission 
of the report under subsection (b) the Commission shall issue proposed 
changes to Federal laws and regulations to provide for the licensing 
and regulation of Internet gambling in the United States. These 
proposals shall--
            (1) preserve the prerogatives of States with respect to 
        intrastate gambling and wagering within their borders, and the 
        further prerogative of States to regulate the placement and 
        acceptance of online wagers by their citizens, including to 
        adopt measures to prevent wagering by individuals in States 
        where all gambling is illegal;
            (2) include measures to minimize adverse impacts of 
        Internet gambling, including--
                    (A) measures to prevent minors from gambling 
                online;
                    (B) measures to prevent the use of Internet 
                gambling as a money laundering channel for terrorists 
                and criminal enterprises; and
                    (C) measures to identify, and where possible, 
                provide assistance to problem gamblers online;
            (3) preserve tribal sovereignty with respect to gaming and 
        Internet gaming in a manner consistent with the decision of the 
        Supreme Court of the United States in California v. Cabazon 
        Band of Mission Indians, 480 U.S. 202, 107 S. Ct. 1083 (1987);
            (4) clarify and harmonize the Federal laws governing 
        gambling as they apply to Internet gambling, and eliminate the 
        disparate treatment of various forms of Internet gambling, 
        except in cases where the disparity serves a compelling State 
        interest;
            (5) provide for the appropriate taxation of Internet 
        gambling enterprises;
            (6) provide for the licensing of enterprises both within 
        the United States and outside of its borders;
            (7) consider and, where possible, remain consistent with 
        the goals, principles, and obligations of the United States in 
        other international negotiations governing electronic commerce; 
        and
            (8) include measures to discourage, prohibit, or prevent 
        United States citizens from wagering with unlicensed Internet 
        gambling operations outside of the United States.

SEC. 5. POWERS OF THE COMMISSION.

    (a) Hearings.--
            (1) In general.--The Commission may hold such hearings, sit 
        and act at such times and places, administer such oaths, take 
        such testimony, and receive such evidence as the Commission 
        considers advisable to carry out its duties under section 4.
            (2) Witness expenses.--Witnesses requested to appear before 
        the Commission shall be paid the same fees as are paid to 
        witnesses under section 1821 of title 28, United States Code. 
        The per diem and mileage allowances for witnesses shall be paid 
        from funds appropriated to the Commission.
    (b) Subpoenas.--
            (1) In general.--If a person fails to supply information 
        requested by the Commission, the Commission may by majority 
        vote require by subpoena the production of any written or 
        recorded information, document, report, answer, record, 
        account, paper, computer file, or other data or documentary 
        evidence necessary to carry out its duties under section 4. The 
        Commission shall transmit to the Attorney General a 
        confidential, written notice at least 10 days in advance of the 
        issuance of any such subpoena. A subpoena under this paragraph 
        may require the production of materials from any place within 
        the United States.
            (2) Interrogatories.--The Commission may, with respect only 
        to information necessary to understand any materials obtained 
        through a subpoena under paragraph (1), issue a subpoena 
        requiring the person producing such materials to answer, either 
        through a sworn deposition or through written answers provided 
        under oath (at the election of the person upon whom the 
        subpoena is served), to interrogatories from the Commission 
        regarding such information. A complete recording or 
        transcription shall be made of any deposition made under this 
        paragraph.
            (3) Certification.--Each person who submits materials or 
        information to the Commission pursuant to a subpoena issued 
        under paragraph (1) or (2) shall certify to the Commission the 
        authenticity and completeness of all materials or information 
        submitted. The provisions of section 1001 of title 18, United 
        States Code, shall apply to any false statements made with 
        respect to the certification required under this paragraph.
            (4) Treatment of subpoenas.--Any subpoena issued by the 
        Commission under paragraph (1) or (2) shall comply with the 
        requirements for subpoenas issued by a United States district 
        court under the Federal Rules of Civil Procedure.
            (5) Failure to obey a subpoena.--If a person refuses to 
        obey a subpoena issued by the Commission under paragraph (1) or 
        (2), the Commission may apply to a United States district court 
        for an order requiring that person to comply with such 
        subpoena. The application may be made within the judicial 
        district in which that person is found, resides, or transacts 
        business. Any failure to obey the order of the court may be 
        punished by the court as civil contempt.
    (c) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out its duties under section 4. 
Upon the request of the Commission, the head of such department or 
agency may furnish such information to the Commission.

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