Internet Gambling Study Commission Act - Establishes the Internet Gambling Study Commission to: (1) conduct a comprehensive study of Internet gambling, including the existing legal framework that governs such activities and transactions; (2) report to the President and Congress on study findings and conclusions; and (3) transmit a copy of such report to each state governor or chief executive officer and Native American tribal government.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5474 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5474
To create a commission to study the proper response of the United
States to the growth of Internet gambling.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 24, 2006
Mr. Porter (for himself, Mr. Gibbons, Ms. Berkley, Mr. LoBiondo, Mr.
Weiner, Mr. Jackson of Illinois, Mr. Davis of Illinois, Mr. Cardoza,
Mr. Ruppersberger, Mr. Clyburn, Mr. Capuano, Ms. Watson, Ms. Eddie
Bernice Johnson of Texas, Ms. Linda T. Sanchez of California, Ms.
Corrine Brown of Florida, Mr. Conyers, Mr. Rangel, Mr. Hastings of
Florida, Mr. Frank of Massachusetts, Mr. Hinchey, Mrs. Jones of Ohio,
Mr. Clay, Mrs. Napolitano, Mr. Thompson of Mississippi, Mr. Serrano,
Mr. Crowley, Mr. Engel, Mr. Taylor of Mississippi, Mr. Langevin, Mr.
Emanuel, Mr. Melancon, Mr. Lewis of Georgia, Mr. Towns, Ms. Loretta
Sanchez of California, Mr. Israel, Mr. Gonzalez, Mr. Berman, Mrs.
Maloney, Mr. Thompson of California, Mr. Costello, Ms. Schakowsky, Mr.
Ackerman, Mr. Wexler, and Ms. Jackson-Lee of Texas) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To create a commission to study the proper response of the United
States to the growth of Internet gambling.
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 shall be known as the ``Internet Gambling Study Commission
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds as follows:
(1) Gambling is regulated primarily by State and tribal
governments and Federal statutes governing the interstate
placement of wagers are outdated.
(2) Over the past decade, the number of Americans gambling
on the Internet has risen dramatically to several million,
accounting for over half of a multibillion dollar worldwide
market.
(3) Many observers believe that it is impossible to stop
the sale of most products or services over the Internet.
(4) Congress must avoid merely symbolic, ineffective
responses to the growth of Internet gambling, and should
instead focus on establishing safeguards against gambling by
minors, compulsive gambling, and fraud, money laundering, and
other forms of abuse.
(5) Although interpretations of a recent ruling of the
World Trade Organization's appellate body differ, legal experts
agree that it calls into question whether certain of Federal
and State gambling laws violate the commitments of the United
States under the General Agreement on Trade and Services.
(6) While only the United States and Antigua are parties to
that dispute, the ruling could have ramifications for
interested nations from the United Kingdom to Australia.
(b) Purpose.--The purpose of this Act is provide for a detailed
examination of the issues posed by the continued spread and growth of
interstate commerce with respect to Internet gambling through the
establishment of a commission for such purpose.
SEC. 3. INTERNET GAMBLING STUDY COMMISSION.
(a) Establishment of Commission.--There is established a commission
to be known as the Internet Gambling Study Commission (hereinafter in
this Act referred to as the ``Commission'').
(b) Membership.--
(1) Appointment.--The Commission shall consist of 9 members
appointed as follows:
(A) 2 shall be appointed by the Speaker of the
House of Representatives.
(B) 2 shall be appointed by the minority leader of
the House of Representatives.
(C) 2 shall be appointed by the majority leader of
the Senate.
(D) 2 shall be appointed by the minority leader of
the Senate.
(E) 1 shall be appointed by consensus by the 8
commissioners appointed in accordance with
subparagraphs (A), (B), (C), and (D).
(2) Term.--Commissioners shall be appointed for the life of
the Commission.
(3) Eligibility for membership.--The members of the
Commission--
(A) shall be appointed from among individuals who,
by virtue of their education, training, or experience
in matters to be studied by the Commission under
section 4 are especially qualified to serve on the
Commission; and
(B) may be from the public or private sector, and
may include Federal, State, local, or Native American
tribal officers or employees, members of academia,
nonprofit organizations, industry, or other interested
individuals.
(4) Consultation and timely appointment required.--The
Speaker of the House of Representatives, the minority leader of
the House of Representatives, the majority leader of the
Senate, and the minority leader of the Senate shall--
(A) 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; and
(B) each make their respective appointments not
later than 60 days after the date of enactment of this
Act.
(5) Vacancy.--Any vacancy in the position of any
Commissioner shall be filled in the same manner in which the
original appointment was made and shall not affect the powers
of the Commission
(c) Chairperson.--The member of the Commission appointed under
subsection (b)(1)(E) shall serve as the Chairperson of the Commission.
(d) Administration.--
(1) Meetings.--
(A) In general.--The Commission shall meet at the
call of the Chairperson.
(B) Initial meeting.--The initial meeting of the
Commission shall be conducted before the end of the
later of--
(i) the 30-day period beginning on the date
of the appointment of the last member of the
Commission; or
(ii) the 30-day period beginning on the
date on which appropriated funds become
available for the Commission.
(2) Quorum.--A majority of the members of the Commission
shall constitute a quorum to conduct business, but the
Commission may establish a lesser number for conducting
hearings scheduled by the Commission.
(3) Voting.--Each member of the Commission shall have 1
vote, and the vote of each member shall be accorded the same
weight.
(4) Rules.--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.
(e) Compensation.--
(1) In general.--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.
(2) Prohibition of compensation of federal employees.--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.
(f) 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.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Study Required.--
(1) In general.--It shall be the duty of the Commission to
conduct a comprehensive study of Internet gambling, including
the existing legal framework that governs such activities and
transactions.
(2) Issues to be considered.--The study conducted under
paragraph (1) shall include a review and consideration by the
Commission of the following issues:
(A) Existing Federal, State, tribal, local, and
international laws governing various forms of wagering
over the Internet, the effectiveness of such laws, and
the extent to which such provisions of law conform or
do not conform with each other.
(B) The rate and extent of the expansion of
Internet gambling, including an analysis of the
availability and use within the United States of such
form of gambling.
(C) The impact of Internet gambling on the
availability of gambling to minors.
(D) The impact of Internet gambling on addicted or
otherwise irresponsible gamblers.
(E) The susceptibility of Internet gambling to
fraud and money laundering by terrorist or criminal
enterprises and the extent to which such entities are
utilizing Internet gambling sites for these purposes.
(F) An assessment of whether there are potential
regulatory measures that may reduce the adverse impacts
of Internet gambling identified in subparagraphs (C),
(D), and (E), including a survey of recent
technological innovations and the practices of other
nations and international bodies that are designed to
limit such adverse impacts.
(G) An evaluation of the use of credit, credit
cards, electronic fund transfers, bank instruments, and
other payment providers to fund Internet gambling and
an assessment of the potential, if any, for regulating
of such financing methods as a means for reducing the
adverse impacts of Internet gambling identified in
subparagraphs (C), (D), and (E).
(H) An analysis of the issues of the relationships
of Federal, State, and tribal laws that are presented
by legislative and administrative proposals designed to
address the proliferation of Internet gambling and the
potential means of reconciling State-based legal and
regulatory frameworks with the primarily interstate and
international character of the Internet as a medium.
(I) An assessment of the problems posed by
unregulated international Internet gambling to United
States interests and the potential means, if any, by
which the Federal Government may seek international
cooperation in addressing these concerns.
(b) Final Report.--Before the end of the 18-month period beginning
on the date the Commission first meets with a quorum present, the
Commission shall--
(1) submit to the President and the Congress a
comprehensive report containing the findings and conclusions of
the Commission with regard to the study conducted under
subsection (a), together with such recommendations, if any, for
legislative or administrative action as the Commission may
determine to be appropriate and advisable, on the basis of such
findings and conclusions, to provide a sound response to
Internet gambling in the United States; and
(2) transmit a copy of such report to the Governor or chief
executive officer of each State and Native American tribal
government.
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 this Act.
(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,
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 from any place withing the United States that the
Commission determines is necessary to carry out this Act.
(2) Notice to attorney general.--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.
(3) 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.
(4) Certification.--Each person who submits materials or
information to the Commission pursuant to a subpoena issued
under this subsection shall certify, subject to the provisions
of section 1001 of title 18, United States Code, to the
Commission the authenticity and completeness of all materials
or information submitted.
(5) No liability for expenses.--The United States shall not
be liable for any expense, other than any witness appearance
fee described in subsection (a)(2), incurred in connection with
the production of books, papers, records, or other data under
this subsection.
(6) Service of process.--Service of any subpoena issued
under this subsection may be by registered mail or in such
other manner calculated to give actual notice as the Commission
may prescribe by regulation.
(7) Contumacy or refusal.--
(A) Referral to attorney general.--In case of
contumacy by a person issued a subpoena under this
subsection or a refusal by such person to obey such
subpoena, the Commission shall refer the matter to the
Attorney General.
(B) Jurisdiction of court.--To compel compliance
with a subpoena issued under this subsection, the
Attorney General may invoke the aid of any court of the
United States within the jurisdiction of which--
(i) the person required to produce the
documents or answer an interrogatory is an
inhabitant; or
(ii) the person required to produce
documents or answer an interrogatory carries on
business or may be found.
(C) Court order.--The court may issue an order
requiring the person summoned to produce books, papers,
records, and other data or to answer an interrogatory,
and to pay the costs of the proceeding.
(D) Failure to comply with order.--Any failure to
obey the order of the court may be punished by the
court as a contempt thereof.
(c) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from
any Federal department or agency such information as the
Commission considers necessary to carry out its duties under
this Act.
(2) Request to head of department or agency.--Upon the
request of the Commission, the head of such department or
agency may furnish such information to the Commission.
(d) Administrative Support.--Upon the request of the Commission,
the Administrator of General Services shall provide to the Commission,
on a reimbursable basis, the administrative support services necessary
for the Commission to carry out its responsibilities under this Act.
(e) Contract Authority.--To the extent or in the amounts provided
in advance in appropriation Acts, the Commission may contract with and
compensate government and private agencies or persons for research
contracts under section 7 and other services, without regard to section
3709 of the Revised Statutes.
(f) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(g) Confidentiality.--
(1) Treatment of commission.--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 this Act shall be
considered an employee of the Commission for the purposes of
section 1905 of title 18, United States Code.
(2) Nondisclosure.--Information obtained by the Commission,
other than information available to the public, shall not be
disclosed to any person in any manner, except--
(A) to any Commission employee or any employee of
any person under contract to the Commission for the
purpose of receiving, reviewing, or processing such
information;
(B) upon a lawful of any court of competent
jurisdiction; or
(C) when publicly released by the Commission, in an
aggregate or summary form that does not directly or
indirectly disclose--
(i) the identity of any person; or
(ii) any information which could not be
released under section 1905 of title 18, United
States Code.
SEC. 6. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Director.--The Chairman of the Commission may appoint an
Executive Director for the Commission, subject to the confirmation of a
majority of the members of the Commission.
(b) Staff.--Subject to rules prescribed by the Commission, the
Chairperson may appoint and fix the pay of such additional personnel as
the Chairperson considers appropriate.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates, except that
an individual so appointed may not receive pay in excess of the annual
rate of basic pay for level V of the Executive Schedule under section
5316 of such title.
(d) Experts and Consultants.--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 the requirements of
section 4, the Commission shall seek to 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), (F), (H), and (I) of paragraph (2) of such
section.
(2) Report.--Any contract entered into under paragraph (1)
shall require the Advisory Commission on Intergovernmental
Relations to submit a report to the Commission detailing the
results of the Advisory Commission's efforts under the contract
not later than 12 months after the date upon which the
Commission first meets with a quorum present.
(b) National Research Council.--
(1) In general.--In carrying out the requirements of
section 4, the Commission shall seek to 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).
(2) Report.--Any contract entered into under paragraph (1)
shall require the National Research Council of the National
Academy of Sciences to submit a report to the Commission
detailing the results of the Council's efforts under the
contract not later than 12 months after the date upon which the
Commission first meets with a quorum present.
(c) Other Organizations.--No provision of this Act shall be
construed as limiting the authority of the Commission to enter into
contracts with any other person for research necessary to carry out the
Commission's duties under this Act.
SEC. 8. TERMINATION.
The Commission shall cease to exist at the end of the 60-day period
beginning on the date the final report under section 4(b) is submitted
to the President and the Congress.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Sponsor introductory remarks on measure. (CR H8037)
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