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)]

  2d Session
                                H. R. 5291

 To establish the Commission on the Review of National Policies Toward 



                           November 29, 1994

 Mr. LaFalce introduced the following bill; which was referred jointly 
  to the Committees on the Judiciary, Natural Resources, and Ways and 


                                 A BILL

 To establish the Commission on the Review of National Policies Toward 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,


    (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 
                    (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; 
                    (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.


    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'').


    (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.


    (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 
    (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 
            (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.


    (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.


    (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 
            (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).


    (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.


    The Commission shall terminate on the 60th day following submittal 
of the final report of the Commission pursuant to section 7(b).