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Federal statutes governing the interstate placement of wagers are outdated.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').
(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.
(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.
(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.
(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.
(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.
(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.
(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.
END
