H.R.5291 - National Policies Toward Gambling Review Act of 1994103rd Congress (1993-1994)
|Sponsor:||Rep. LaFalce, John J. [D-NY-29] (Introduced 11/29/1994)|
|Committees:||House - Natural Resources; Judiciary; Ways and Means|
|Latest Action:||House - 12/06/1994 Referred to the Subcommittee on Native American Affairs. (All Actions)|
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Text: H.R.5291 — 103rd Congress (1993-1994)All Information (Except Text)
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Introduced in House (11/29/1994)
[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). <all>