[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 497 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
July 17, 1996.
Resolved, That the bill from the House of Representatives (H.R.
497) entitled ``An Act to create the National Gambling Impact and
Policy Commission'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Gambling Impact Study
Commission Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the most recent Federal study of gambling in the United
States was completed in 1976;
(2) legalization of gambling has increased substantially
over the past 20 years, and State, local, and Native American
tribal governments have established gambling as a source of
jobs and additional revenue;
(3) the growth of various forms of gambling, including
electronic gambling and gambling over the Internet, could
affect interstate and international matters under the
jurisdiction of the Federal Government;
(4) questions have been raised regarding the social and
economic impacts of gambling, and Federal, State, local, and
Native American tribal governments lack recent, comprehensive
information regarding those impacts; and
(5) a Federal commission should be established to conduct a
comprehensive study of the social and economic impacts of
gambling in the United States.
SEC. 3. NATIONAL GAMBLING IMPACT STUDY COMMISSION.
(a) Establishment of Commission.--There is established a commission
to be known as the National Gambling Impact Study Commission
(hereinafter referred to in this Act as ``the Commission''). The
Commission shall--
(1) be composed of 9 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) 3 shall be appointed by the President of the
United States.
(B) 3 shall be appointed by the Speaker of the
House of Representatives.
(C) 3 shall be appointed by the Majority Leader of
the Senate.
(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, non-profit organizations, or industry, or other
interested individuals.
(3) Consultation required.--The President, the Speaker of
the House of Representatives, and the Majority 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 President,
the Speaker of the House of Representatives, and the Majority
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) Chairmanship.--The President, the Speaker of
the House of Representatives, and the Majority Leader
of the Senate shall jointly designate one member as the
Chairman of the Commission. In the event of a
disagreement among the appointing authorities, the
Chairman shall be determined by a majority vote of the
appointing authorities. The determination of which
member shall be Chairman shall be made not later than
15 days after the appointment of the last member of the
Commission, but in no case later than 75 days after the
date of enactment of this Act.
(B) 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.
(C) 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
one 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 legal and factual study of the social
and economic impacts of gambling in the United States on--
(A) Federal, State, local, and Native American
tribal governments; and
(B) communities and social institutions generally,
including individuals, families, and businesses within
such communities and institutions.
(2) Matters to be studied.--The matters studied by the
Commission under paragraph (1) shall at a minimum include--
(A) a review of existing Federal, State, local, and
Native American tribal government policies and
practices with respect to the legalization or
prohibition of gambling, including a review of the
costs of such policies and practices;
(B) an assessment of the relationship between
gambling and levels of crime, and of existing
enforcement and regulatory practices that are intended
to address any such relationship;
(C) an assessment of pathological or problem
gambling, including its impact on individuals,
families, businesses, social institutions, and the
economy;
(D) an assessment of the impacts of gambling on
individuals, families, businesses, social institutions,
and the economy generally, including the role of
advertising in promoting gambling and the impact of
gambling on depressed economic areas;
(E) an assessment of the extent to which gambling
provides revenues to State, local, and Native American
tribal governments, and the extent to which possible
alternative revenue sources may exist for such
governments; and
(F) an assessment of the interstate and
international effects of gambling by electronic means,
including the use of interactive technologies and the
Internet.
(b) Report.--No later than 2 years 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 of the Commission's findings and conclusions,
together with any recommendations of the Commission. Such report shall
include a summary of the reports submitted to the Commission by the
Advisory Commission on Intergovernmental Relations and National
Research Council under section 7, as well as a summary of any other
material relied on by the Commission in the preparation of its report.
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.
(d) Information To Be Kept Confidential.--The Commission shall be
considered an agency of the Federal Government for purposes of section
1905 of title 18, United States Code, and any individual employed by an
individual, entity, or organization under contract to the Commission
under section 7 shall be considered an employee of the Commission for
the purposes of section 1905 of title 18, United States Code.
Information obtained by the Commission, other than information
available to the public, shall not be disclosed to any person in any
manner, except--
(1) to Commission employees or employees of any individual,
entity, or organization under contract to the Commission under
section 7 for the purpose of receiving, reviewing, or
processing such information;
(2) upon court order; or
(3) when publicly released by the Commission in an
aggregate or summary form that does not directly or indirectly
disclose--
(A) the identity of any person or business entity;
or
(B) any information which could not be released
under section 1905 of title 18, United States Code.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government, or whose
compensation is not precluded by a State, local, or Native American
tribal government position, shall be compensated at a rate equal to the
daily equivalent of the annual rate of basic pay prescribed for Level
IV of the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the Commission.
All members of the Commission who are officers or employees of the
United States shall serve without compensation in addition to that
received for their services as officers or employees of the United
States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of service for the
Commission.
(c) Staff.--
(1) In general.--The Chairman of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment and
termination of an executive director shall be subject to
confirmation by a majority of the members of the Commission.
(2) Compensation.--The executive director shall be
compensated at a rate not to exceed the rate payable for level
V of the Executive Schedule under section 5316 of title 5,
United States Code. The Chairman may fix the compensation of
other personnel without regard to the provisions of chapter 51
and subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for such
personnel may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(3) Detail of government employees.--Any Federal Government
employee, with the approval of the head of the appropriate
Federal agency, may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status, benefits, or privilege.
(d) Procurement of Temporary and Intermittent Services.--The
Chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals not to exceed the daily equivalent of the annual rate
of basic pay prescribed for Level V of the Executive Schedule under
section 5316 of such title.
SEC. 7. CONTRACTS FOR RESEARCH.
(a) Advisory Commission on Intergovernmental Relations.--
(1) In general.--In carrying out its duties under section
4, the Commission shall contract with the Advisory Commission
on Intergovernmental Relations for--
(A) a thorough review and cataloging of all
applicable Federal, State, local, and Native American
tribal laws, regulations, and ordinances that pertain
to gambling in the United States; and
(B) assistance in conducting the studies required
by the Commission under section 4(a), and in particular
the review and assessments required in subparagraphs
(A), (B), and (E) of paragraph (2) of such section.
(2) Report required.--The contract entered into under
paragraph (1) shall require that the Advisory Commission on
Intergovernmental Relations submit a report to the Commission
detailing the results of its efforts under the contract no
later than 15 months after the date upon which the Commission
first meets.
(b) National Research Council.--
(1) In general.--In carrying out its duties under section
4, the Commission shall contract with the National Research
Council of the National Academy of Sciences for assistance in
conducting the studies required by the Commission under section
4(a), and in particular the assessment required under
subparagraph (C) of paragraph (2) of such section.
(2) Report required.--The contract entered into under
paragraph (1) shall require that the National Research Council
submit a report to the Commission detailing the results of its
efforts under the contract no later than 15 months after the
date upon which the Commission first meets.
(c) Other Organizations.--Nothing in this section shall be
construed to limit the ability of the Commission to enter into
contracts with other entities or organizations for research necessary
to carry out the Commission's duties under section 4.
SEC. 8. DEFINITIONS.
For the purposes of this Act:
(1) Gambling.--The term ``gambling'' means any legalized
form of wagering or betting conducted in a casino, on a
riverboat, on an Indian reservation, or at any other location
under the jurisdiction of the United States. Such term includes
any casino game, parimutuel betting, sports-related betting,
lottery, pull-tab game, slot machine, any type of video gaming,
computerized wagering or betting activities (including any such
activity conducted over the Internet), and philanthropic or
charitable gaming activities.
(2) Native american tribal government.--The term ``Native
American tribal government'' means an Indian tribe, as defined
under section 4(5) of the Indian Gaming Regulatory Act of 1988
(25 U.S.C. 2703(5)).
(3) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Commission, the Advisory Commission on Intergovernmental Relations, and
the National Academy of Sciences such sums as may be necessary to carry
out the purposes of this Act. Any sums appropriated shall remain
available, without fiscal year limitation, until expended.
(b) Limitation.--No payment may be made under section 6 or 7 of
this Act except to the extent provided for in advance in an
appropriation Act.
SEC. 10. TERMINATION OF THE COMMISSION.
The Commission shall terminate 60 days after the Commission submits
the report required under section 4(b).
Attest:
Secretary.
104th CONGRESS
2d Session
H. R. 497
_______________________________________________________________________
AMENDMENT