[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 497 Introduced in House (IH)]
104th CONGRESS
1st Session
H. R. 497
To create the National Gambling Impact and Policy Commission.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 1995
Mr. Wolf introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
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.--The Commission shall be composed of 9
members appointed from persons specially qualified by training and
experience, of which one should be a Governor of a State, to perform
the duties of the Commission as follows:
(1) three appointed by the Speaker of the House of
Representatives;
(2) three appointed by the majority leader of the Senate;
and
(3) three appointed by the President of the United States.
(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 30 days after the date on which
all members of the Commission have been appointed, the Commission shall
hold its first meeting as directed by the President.
(e) Meetings.--After the initial meeting, 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 gambling in
the United States and 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
Native American tribes;
(B) the economic impact of gambling on other
businesses;
(C) an assessment and review of the political
contributions and influence of gambling businesses and
promoters 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 and Federal gambling regulatory policy, including
whether Indian gaming should be regulated by States
instead of the Federal Government; and
(I) such other relevant issues and topics as
considered appropriate by the Chairman of the
Commission.
(b) Report.--No later than three 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 shall furnish such information to the Commission.
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 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 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.--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) 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.
(e) 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.
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.
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