[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 497 Enrolled Bill (ENR)]
H.R.497
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To create the National Gambling Impact and Policy Commission.
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 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).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.