[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 497 Engrossed in House (EH)]
2d Session
H. R. 497
_______________________________________________________________________
AN ACT
To create the National Gambling Impact and Policy Commission.
104th CONGRESS
2d Session
H. R. 497
_______________________________________________________________________
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 and Policy
Commission Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the National
Gambling Impact and Policy Commission (in this Act referred to as the
``Commission'').
SEC. 3. MEMBERSHIP.
(a) Number and Appointment.--
(1) Generally.--The Commission shall be composed of 9
members, appointed from persons specially qualified by training
and experience to perform the duties of the Commission, as
follows:
(A) three appointed by the Speaker of the House of
Representatives;
(B) three appointed by the majority leader of the
Senate; and
(C) three appointed by the President of the United
States.
(2) Consultation Before Appointment.--Before the
appointment of members of the Commission (including to any
vacancies), the appointing authorities shall consult with each
other to assure that the overall membership of the Commission
reflects a fair and equitable representation of various points
of view.
(3) Timing of Appointments.--The appointing authorities
shall make their appointments to the Commission not later than
60 days after the date of the enactment of this Act.
(b) Designation of the Chairman.--The Speaker of the House of
Representatives and majority leader of the Senate shall designate a
Chairman and Vice Chairman from among the members of the Commission.
(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.
(d) Initial Meeting.--No later than 60 days after the date on which
all members of the Commission have been appointed, the Commission shall
hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
Chairman.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
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--
(A) gambling in the United States, including State-
sponsored lotteries, casino gambling, pari-mutuel
betting, and sports betting; and
(B) existing Federal, State, and local policy and
practices with respect to the legalization or
prohibition of gambling activities and to formulate and
propose such changes in those policies and practices as
the Commission shall deem appropriate.
(2) Matters studied.--The matters studied by the Commission
shall include--
(A) the economic impact of gambling on the United
States, States, political subdivisions of States, and
Indian tribes, both in its positive and negative
aspects;
(B) the economic impact of gambling on other
businesses;
(C) an assessment and review of political
contributions and their influence on the development of
public policy regulating gambling;
(D) an assessment of the relationship between
gambling and crime;
(E) an assessment of the impact of pathological, or
problem gambling on individuals, families, social
institutions, criminal activity and the economy;
(F) a review of the demographics of gamblers;
(G) a review of the effectiveness of existing
practices in law enforcement, judicial administration,
and corrections to combat and deter illegal gambling
and illegal activities related to gambling;
(H) a review of the costs and effectiveness of
State, Federal, and Tribal gambling regulatory policy;
(I) an assessment of the effects of advertising
concerning gambling, including--
(i) whether advertising has increased
participation in gambling activity;
(ii) the effects of various types of
advertising, including the sponsorship of
sporting events;
(iii) the relationship between advertising
and the amount of the prize to be awarded; and
(iv) an examination of State lottery
advertising practices, including the process by
which States award lottery advertising
contracts;
(J) a review of gambling that uses interactive
technology, including the Internet;
(K) a review of the extent to which casino gambling
provides economic opportunity to residents of
economically depressed regions and to Indian tribes;
(L) a review of the effect of revenues derived from
State-sponsored gambling on State budgets; and
(M) such other relevant issues and topics as
considered appropriate by the Chairman of the
Commission.
(b) Report.--No later than 2 years after the Commission first
meets, 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.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings and Subpoenas.--
(1) The Commission may hold such hearings, sit and act at
such times and places, administer such oaths, take such
testimony, receive such evidence, and require by subpoena the
attendance and testimony of such witnesses and the production
of such materials as the Commission considers advisable to
carry out the purposes of this Act.
(2) Attendance of witnesses.--The attendance of witnesses
and the production of evidence may be required from any place
within the United States.
(3) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where 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.
(4) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(5) Service of process.--All process of any court to which
application is to be made under paragraph (3) may be served in
the judicial district in which the person required to be served
resides or may be found.
(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 may furnish such information to the Commission.
(c) 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.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Subject to the limitation provided in
subsection (e), 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.
(b) Travel Expenses.--Subject to the limitation provided in
subsection (e), 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.
(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 of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--Subject to the requirements of
subsection (e), the executive director shall be compensated at
the rate payable for level V of the Executive Schedule under
section 5316 of title 5, United States Code. 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.
(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 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.
(e) Limitation.--No payment may be made under the authority of this
section except to the extent provided for in advance in an
appropriation for this purpose.
SEC. 7. TERMINATION OF THE COMMISSION.
The Commission shall terminate 30 days after the date on which the
Commission submits its report under section 4.
Passed the House of Representatives March 5, 1996.
Attest:
Clerk.