[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.