[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 704 Reported in Senate (RS)]





                                                       Calendar No. 449

104th CONGRESS

  2d Session

                                 S. 704

_______________________________________________________________________

                                 A BILL

           To establish the Gambling Impact Study Commission.

_______________________________________________________________________

                             June 20, 1996

                       Reported with an amendment





                                                       Calendar No. 449
104th CONGRESS
  2d Session
                                 S. 704

           To establish the Gambling Impact Study Commission.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                April 6 (legislative day, April 5), 1995

Mr. Simon  (for himself, Mr. Lugar, Mr. Gorton, Mr. Lieberman, Mr. Kyl, 
Mr. Hatfield, Mr. Warner, Mr. Grassley, Mr. Coats, Mrs. Feinstein, Mrs. 
 Kassebaum, Mr. Hatch, Mr. Dorgan, Mr. Bingaman, Ms. Snowe, Mr. Cohen, 
Mr. Bumpers, Mr. Simpson, Mr. Craig, Mr. Chafee, Mr. Pell, Mr. Bennett, 
Mr. Breaux, Mr. Inhofe, and Mr. Graham) introduced the following bill; 
  which was read twice and referred to the Committee on Governmental 
                                Affairs

                             June 20, 1996

               Reported by Mr. Stevens, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
           To establish the Gambling Impact Study Commission.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>This Act may be cited as the ``Gambling Impact Study 
Commission Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) many State and local governments and Native 
        American tribal governments support development of a gambling 
        industry as a source of jobs and additional revenue; 
        and</DELETED>
        <DELETED>    (2) the benefits to residents and communities of 
        revenue generated by gambling bring problems as well as 
        benefits.</DELETED>

<DELETED>SEC. 3. ESTABLISHMENT OF COMMISSION.</DELETED>

<DELETED>    (a) Establishment.--There is established a commission to 
be known as the Gambling Impact Study Commission (hereafter in this Act 
referred to as the ``Commission'').</DELETED>
<DELETED>    (b) Membership.--</DELETED>
        <DELETED>    (1) Composition.--The Commission shall be composed 
        of 9 members of whom--</DELETED>
                <DELETED>    (A) 3 shall be appointed by the 
                President;</DELETED>
                <DELETED>    (B) 3 shall be appointed by the president 
                pro tempore of the Senate, upon the recommendation of 
                the majority and minority leaders of the Senate; 
                and</DELETED>
                <DELETED>    (C) 3 shall be appointed by the Speaker of 
                the House of Representatives, in consultation with the 
                minority leader of the House of 
                Representatives.</DELETED>
<DELETED>    (c) Period of Appointment; Vacancies.--Members shall be 
appointed for the life of the Commission. Any vacancy in the Commission 
shall not affect its powers, but shall be filled in the same manner as 
the original appointment.</DELETED>
<DELETED>    (d) Initial Meeting.--No later than 30 days after the date 
on which all members of the Commission have been appointed, the 
Commission shall hold its first meeting as directed by the 
President.</DELETED>
<DELETED>    (e) Meetings.--After the initial meeting, the Commission 
shall meet at the call of the Chairman.</DELETED>
<DELETED>    (f) Quorum.--A majority of the members of the Commission 
shall constitute a quorum, but a lesser number of members may hold 
hearings.</DELETED>
<DELETED>    (g) Chairman and Vice Chairman.--The Commission shall 
select a Chairman and Vice Chairman from among its members.</DELETED>

<DELETED>SEC. 4. DUTIES OF THE COMMISSION.</DELETED>

<DELETED>    (a) Study.--</DELETED>
        <DELETED>    (1) In general.--The Commission shall conduct a 
        thorough study of all matters relating to the impact of 
        gambling on States, political subdivisions of States, and 
        Native American tribes.</DELETED>
        <DELETED>    (2) Matters studied.--The matters studied by the 
        Commission shall include--</DELETED>
                <DELETED>    (A) the impact of gambling on States, 
                political subdivisions of States, and Native American 
                tribes; and</DELETED>
                <DELETED>    (B) possible alternative sources of 
                revenue for States, political subdivisions of States, 
                and Native American Indian tribes.</DELETED>
<DELETED>    (b) Report.--No later than 18 months after the date of the 
enactment of this Act, the Commission shall submit a report to the 
President and the Congress which shall contain a detailed statement of 
the findings and conclusions of the Commission, together with its 
recommendations for such legislation and administrative actions as it 
considers appropriate.</DELETED>

<DELETED>SEC. 5. POWERS OF THE COMMISSION.</DELETED>

<DELETED>    (a) Hearings.--The Commission may hold such hearings, sit 
and act at such times and places, take such testimony, and receive such 
evidence as the Commission considers advisable to carry out the 
purposes of this Act.</DELETED>
<DELETED>    (b) 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 the provisions of 
this Act. Upon request of the Chairman of the Commission, the head of 
such department or agency shall furnish such information to the 
Commission.</DELETED>

<DELETED>SEC. 6. COMMISSION PERSONNEL MATTERS.</DELETED>

<DELETED>    (a) Compensation of Members.--Each member of the 
Commission who is not an officer or employee of the Federal Government 
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.</DELETED>
<DELETED>    (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 services for the 
Commission.</DELETED>
<DELETED>    (c) Staff.--</DELETED>
        <DELETED>    (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 of an 
        executive director shall be subject to confirmation by the 
        Commission.</DELETED>
        <DELETED>    (2) Compensation.--The executive director shall be 
        compensated at $75,000 annually. The Chairman of the Commission 
        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.</DELETED>
<DELETED>    (d) Detail of Government Employees.--Any Federal 
Government employee may be detailed to the Commission without 
reimbursement, and such detail shall be without interruption or loss of 
civil service status or privilege.</DELETED>
<DELETED>    (e) 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 which do not 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.</DELETED>

<DELETED>SEC. 7. TERMINATION OF THE COMMISSION.</DELETED>

<DELETED>    The Commission shall terminate 90 days after the date on 
which the Commission submits its report under section 4.</DELETED>

<DELETED>SEC. 8. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) In General.--There is authorized to be appropriated 
$250,000 to the Commission to carry out the purposes of this 
Act.</DELETED>
<DELETED>    (b) Availability.--Any sums appropriated under the 
authorization contained in this section shall remain available, without 
fiscal year limitation, until expended.</DELETED>

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, as the result of a subpoena issued under 
subsection (b)(1) or subsection (b)(2) 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).