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.
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(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.
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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.
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(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
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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
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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.
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(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.