[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 497 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 344
104th CONGRESS
  2d Session
                                H. R. 497


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 6, 1996

                     Received, read the first time

                             March 11, 1996

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 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:

                                                ROBIN H. CARLE,

                                                                 Clerk.




                                                       Calendar No. 344

104th CONGRESS

  2d Session

                               H. R. 497

_______________________________________________________________________

                                 AN ACT

     To create the National Gambling Impact and Policy Commission.

_______________________________________________________________________

                             March 11, 1996

            Read the second time and placed on the calendar