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 Commis-
sion’’). 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 appoint-
ment of the members of the Commission in order to achieve,
to the maximum extent possible, fair and equitable representa-
tion 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 Presi-
dent, 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 respec-
tive 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 deter-
mined 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 appoint-
ment 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 mem-
bers of the Commission shall constitute a quorum to con-
duct business, but the Commission may establish a lesser
quorum for conducting hearings scheduled by the Commis-
sion. 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 busi-
ness, if such rules are not inconsistent with this Act or
other applicable law.
H. R. 497—3
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 prac-
tices;
(B) an assessment of the relationship between gam-
bling 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 alter-
native 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 Inter-
governmental Relations and National Research Council under sec-
tion 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 Commis-
sion 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 con-
fidential, written notice at least 10 days in advance of the
issuance of any such subpoena. A subpoena under this para-
graph 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 record-
ing 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 Commis-
sion 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 para-
graph.
(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 informa-
tion to the Commission.
(d) INFORMATION TO BE KEPT CONFIDENTIAL.—The Commission
shall be considered an agency of the Federal Government for pur-
poses 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 individ-
ual, 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 aggre-
gate 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 Commis-
sion 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 com-
pensated 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 Sched-
ule 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