| Home > 107th Congressional Bills > 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...
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...
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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