[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 5291 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 5291
To establish the Commission on the Review of National Policies Toward
Gambling.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 29, 1994
Mr. LaFalce introduced the following bill; which was referred jointly
to the Committees on the Judiciary, Natural Resources, and Ways and
Means
_______________________________________________________________________
A BILL
To establish the Commission on the Review of National Policies Toward
Gambling.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``National Policies
Toward Gambling Review Act of 1994''.
(b) Findings.--The Congress finds the following:
(1) In 1976, the Commission on the Review of the National
Policy Toward Gambling issued its final report to Congress. At
the time of the report--
(A) casino gambling was legal in just 1 State,
where it was a $1,000,000,000 a year industry;
(B) Indian tribal gambling did not exist;
(C) State lotteries existed in just 13 States; and
(D) the link between gambling and organized crime
was the paramount concern of the commission.
(2) The gambling industry has grown dramatically in recent
years as demonstrated by the following:
(A) Casino gambling is legal in well over 20 States
and referenda on legalization are being considered in
many other States.
(B) Casino gambling has become a $30,000,000,000 a
year industry.
(C) Indian tribal casino gambling accounts for over
15 percent of all casino revenues.
(D) State lotteries exist in 36 States.
(E) Gambling in some form exists in all but 2
States in the Union.
(3) Implementation of the Indian Gaming Regulatory Act in
1988 created a competitive environment between Indian tribes
and States to legalize and develop casinos at a swift pace, as
evidenced by the current status of casino gambling among
recreational activities in the United States.
(4) Today, the paramount public policy concern relative to
gambling is the impact of the gambling industry itself on
communities, States, and the Nation as a whole.
(5) Gambling brings with it certain externalities that
other industries do not bring. Specifically, the proliferation
of the gambling industry raises concerns regarding--
(A) corresponding proliferation of gambling
addiction;
(B) proliferation in addiction-related crime;
(C) proliferation in cross addictions between
gambling and alcohol and drugs;
(D) decreases in worker productivity at the
national level due to excessive gambling;
(E) a potentially adverse impact on the health and
viability of existing small businesses in communities
where gambling is legalized and in communities
surrounding Indian reservations where gambling exists;
(F) a competitive atmosphere developing between
States and Indian tribes, between States and other
States, and between States and bordering countries,
particularly Canada, to attract the gambling dollar;
and
(G) dramatic growth in the political influence of
gambling advocates in city halls and statehouses across
the country, where governments must act as both
regulator and profiteer of gambling.
(6) There are variations and conflicts in the regulatory
structures controlling gambling nationwide, and in particular
between Federal oversight through the Indian Gaming Regulatory
Act and State laws.
(7) There is no adequate core or body of knowledge at the
national level on the impact of gambling proliferation on the
United States.
(8) Most of the economic impact studies of casino gambling
have been sponsored by the gambling industry.
(9) Little funding has been made available at the State or
Federal level for research into gambling addiction and the
socioeconomic cost to the Nation of gambling addiction.
(10) Policymakers at the local, State, and Federal levels
are in need of sound information and data on the social and
economic impact of gambling proliferation on the Nation.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Commission
on the Review of National Policies Toward Gambling'' (in this Act
referred to as the ``Commission'').
SEC. 3. DUTIES.
(a) In General.--The Commission shall conduct a comprehensive legal
and factual study of (1) gambling activities in the United States, (2)
the social and economic impact of such gambling activities, and (3)
existing Federal, State, and local policy and practices with respect to
legal prohibition and taxation of such gambling activities, and in
particular the relationship between the Indian Gaming Regulatory Act
and State and local laws. The Commission shall formulate and propose
such changes in such policies and practices as the Commission may
consider appropriate.
(b) Requirements.--The study to be conducted under subsection (a)
shall, at a minimum, include the following:
(1) An examination of the impact of gambling activities on
communities nationwide and the nation as a whole in terms of--
(A) the economic well-being of existing small
businesses and jobs;
(B) the growth in gambling addiction;
(C) the socio-economic impact of gambling
addiction; and
(D) the growth in gambling related crime and
gambling-addiction related crime, particularly given
the proliferation of casino gambling in recent years.
(2) A review of the effectiveness of existing practices in
law enforcement, judicial administration, and corrections in
the United States and in foreign legal jurisdictions for the
enforcement of the prohibition and taxation of gambling
activities, including consideration of possible alternatives to
such practices.
(3) A study of existing statutes of the United States and
State and local jurisdictions that prohibit and tax gambling
activities, including preparation of such a proposal for
codification, revision, or repeal of such statutes as the
Commission may determine to be required to carry into effect
such policy and practice changes as it may consider to be
necessary or desirable.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 15
members appointed not later than 90 days after the date of the
enactment of this Act as follows:
(1) Four individuals appointed jointly by the President of
the Senate and the minority leader of the Senate.
(2) Four individuals appointed jointly by the Speaker of
the House of Representatives and the minority leader of the
House of Representatives.
(3) Seven individuals appointed by the President of the
United States.
(b) Qualifications.--Members appointed pursuant to subsection (a)
shall be appointed from among individuals who are not officers of the
executive branch of the Government or Members of Congress and who are
specially qualified to serve on the Commission by virtue of training
and experience.
(c) Chairman.--The President of the United States shall designate a
Chairman from among the members of the Commission.
(d) Quorum.--Eight members of the Commission shall constitute a
quorum.
(e) Vacancies.--Any vacancy in the Commission shall not affect the
powers of the Commission but shall be filled in the same manner in
which the original appointment was made.
(f) Basic Pay.--
(1) Rates of pay.--Except as provided in paragraph (2),
members of the Commission shall each be entitled to receive
$100.00 for each day (including travel time) during which they
are engaged in the actual performance of duties vested in the
Commission.
(2) Prohibition of compensation of members of the federal
judiciary.--Members of the Commission who are members of the
Federal judiciary may not receive additional pay, allowances,
or benefits by reason of their service on the Commission.
(g) Travel Expenses.--Each member of the Commission shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United States Code.
SEC. 5. STAFF.
(a) Appointment.--Subject to such rules and regulations as may be
adopted by the Commission, the Chairman of the Commission shall have
the power to appoint and fix the compensation of a Director and such
additional staff personnel (but not to exceed 15 staff members) as the
Chairman considers necessary.
(b) 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 such title
relating to classification and General Schedule pay rates; except that
an individual so appointed may not receive pay in excess of the rate of
basic pay payable for level I of the Executive Schedule.
(c) Qualifications.--In making appointments pursuant to this
section, the Chairman of the Commission shall include among the
Chairman's appointments individuals determined by the Chairman to be
competent social scientists, lawyers, law enforcement officers, and
others with professional expertise in areas related to gambling.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairperson of the Commission, the head of that department or agency
shall furnish that information to the Commission.
(d) 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.
(e) Administrative Support Services.--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.
(f) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any matter which the
Commission is empowered to investigate by this Act. The
attendance of witnesses and the production of evidence may be
required from any place within the United States at any
designated place of hearing within the United States.
(2) 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.
(3) 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.
(4) Service of process.--All process of any court to which
application is to be made under paragraph (2) may be served in
the judicial district in which the person required to be served
resides or may be found.
(g) Immunity.--The Commission is an agency of the United States for
the purpose of part V of title 18, United States Code (relating to
immunity of witnesses).
SEC. 7. REPORTS.
(a) Interim Reports.--The Commission may submit to the President of
the United States and the Congress interim reports as the Commission
considers appropriate.
(b) Final Report.--The Commission shall transmit a final report to
the President of the United States and the Congress not later than 2
years after the date of the first meeting of the Commission. The final
report shall contain a detailed statement of the findings and
conclusions of the Commission.
SEC. 8. TERMINATION.
The Commission shall terminate on the 60th day following submittal
of the final report of the Commission pursuant to section 7(b).
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