Union Calendar No. 224

104TH CONGRESS

2D SESSION H. R. 497

[Report No. 104–440, Part I]

A BILL

To create the National Gambling Impact and Policy

Commission.

FEBRUARY 28, 1996

Committee on Resources discharged; committed to the

Union, and ordered to be printedCommittee of the Whole House on the State of the
IB

Union Calendar No. 224

104TH CONGRESS

2D SESSION H. R. 497

[Report No. 104–440, Part I]

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

DECEMBER 21, 1995

Reported with an amendment, and referred to the Committee on Resources

for a period ending not later than February 9, 1996, for consideration

of such provisions of the bill and amendment as fall within the jurisdiction of the committee pursuant to clause 1(1), rule X

[Strike out all after the enacting clause and insert the part printed in italic]

FEBRUARY 9, 1996

Referral to the Committee on Resources extended for a period ending not later

than February 28, 1996

FEBRUARY 28, 1996

Additional sponsors: Mr. LAFALCE, Mr. DAVIS, Ms. NORTON, Mr. UPTON,

Mr. LIVINGSTON, Mr. STEARNS, Mr. PICKETT, Mr. SHAYS, Mr. ROEMER,

Mr. PACKARD, Mr. HALL of Ohio, Mr. MCKEON, Mr. WICKER, Mr. BEILENSON, Mr. GUTKNECHT, Mr. PETE GEREN of Texas, Mrs. WALDHOLTZ,

Mr. CALVERT, Mrs. CHENOWETH, Mr. MANZULLO, Mr. GOODLATTE, Mr.

HERGER, Mr. STENHOLM, Mr. BROWDER, Mr. STOCKMAN, Mr. COLLINS

of Georgia, Mr. SOLOMON, Mrs. SEASTRAND, Mr. HOEKSTRA, Mr.

CANADY of Florida, Mr. BAKER of Louisiana, Mr. GENE GREEN of

Texas, Mr. BATEMAN, Mr. HUTCHINSON, Mr. SHAW, Mr. ZELIFF, Mr.

WALSH, Mr. BROWNBACK, Mr. HAMILTON, Mr. BRYANT of Texas, Mr.

ENGEL, Mr. ORTON, Mr. DICKEY, Mr. WELDON of Florida, Mrs. ROUKEMA, Mr. PORTER, Mr. LAUGHLIN, Mr. HILLEARY, Mr. MORAN, Mr.

UNDERWOOD, Mr. BONIOR, Mr. HOKE, Mr. WISE, Mr. CRAPO, Mr. BARR

of Georgia, Mr. DELAY, Mr. HEINEMAN, Mr. HOBSON, Ms. PELOSI, Mr.
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•HR 497 RH

DIXON, Mr. HOUGHTON, Mr. GILCHREST, Mr. BOUCHER, Mr. OXLEY,

Mr. MEEHAN, Mr. FLANAGAN, Mr. INGLIS of South Carolina, Mr. SMITH

of Texas, Mr. BAKER of California, Mrs. KELLY, Mr. FOGLIETTA, Mr.

GIBBONS, Mr. TAYLOR of North Carolina, Mr. PORTMAN, Mr. HORN, Mr.

CASTLE, Mr. MILLER of California, Mr. BLUTE, Mrs. MORELLA, Mr.

KENNEDY of Massachusetts, Mr. LARGENT, Mr. ISTOOK, Mr. WHITE,

Mr. SMITH of New Jersey, Mr. KINGSTON, Mr. JOHNSTON of Florida,

Ms. DUNN of Washington, Mr. BARTLETT of Maryland, Mr. LANTOS, Mr.

SCHUMER, Mr. HAYES, Mr. COLEMAN, Mr. LIGHTFOOT, Mr. LIPINSKI,

Mr. TRAFICANT, Mr. GORDON, Ms. JACKSON-LEE of Texas, Mr. SCOTT,

Mr. BEVILL, Mr. PAYNE of Virginia, Mr. SPRATT, Mr. GREENWOOD, Mr.

BACHUS, Mr. SISISKY, Mr. WARD, Mr. RIGGS, Mr. CHRYSLER, Mr. ROMERO-BARCELO ́, Mr. SOUDER, Mr. CAMP, Mr. BEREUTER, Mr. HANCOCK, Mr. DUNCAN, Mr. GRAHAM, Mr. BARRETT of Wisconsin, Mr. SAWYER, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. TATE, Mr. CONYERS,

Mr. FRAZER, Mr. LAHOOD, Mr. TIAHRT, Ms. WOOLSEY, Mr. METCALF,

Mr. BLILEY, Mr. EMERSON, Mr. GUNDERSON, Mr. LONGLEY, Mr.

BARCIA, Ms. PRYCE, Mr. COOLEY, Mr. LEWIS of Kentucky, Mr. MYERS

of Indiana, Mrs. MEYERS of Kansas, Mrs. FOWLER, Mr. HANSEN, Mr.

TALENT, Mr. COYNE, Mr. COBURN, Mr. TAUZIN, Mr. CHRISTENSEN, Mr.

BARRETT of Nebraska, and Mr. QUINN

Deleted sponsor: Mr. SAXTON (added May 2, 1995; deleted September 28,

1995)

FEBRUARY 28, 1996

Committee on Resources discharged; committed to the Committee of the

Whole House on the State of the Union, and ordered to be printed

[For text of introduced bill, see copy of bill as introduced on January 11, 1995]

A BILL

To create the National Gambling Impact and Policy

Commission.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Gambling Im5 pact and Policy Commission Act’’.
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1 SEC. 2. ESTABLISHMENT OF COMMISSION.

2 There is established a commission to be known as the

3 National Gambling Impact and Policy Commission (in this

4 Act referred to as the ‘‘Commission’’).

5 SEC. 3. MEMBERSHIP.

6 (a) NUMBER AND APPOINTMENT.—

7 (1) GENERALLY.—The Commission shall be com8 posed of 9 members, appointed from persons specially

9 qualified by training and experience to perform the

10 duties of the Commission, as follows:

11 (A) three appointed by the Speaker of the

12 House of Representatives;

13 (B) three appointed by the majority leader

14 of the Senate; and

15 (C) three appointed by the President of the

16 United States.

17 (2) CONSULTATION BEFORE APPOINTMENT.—Be18 fore the appointment of members of the Commission

19 (including to any vacancies), the appointing authori20 ties shall consult with each other to assure that the

21 overall membership of the Commission reflects a fair

22 and equitable representation of various points of view.

23 (3) TIMING OF APPOINTMENTS.—The appointing

24 authorities shall make their appointments to the Com25 mission not later than 60 days after the date of the

26 enactment of this Act.
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1 (b) DESIGNATION OF THE CHAIRMAN.—The Speaker of

2 the House of Representatives and majority leader of the

3 Senate shall designate a Chairman and Vice Chairman

4 from among the members of the Commission.

5 (c) PERIOD OF APPOINTMENT; VACANCIES.—Members

6 shall be appointed for the life of the Commission. Any va7 cancy in the Commission shall not affect its powers, but

8 shall be filled in the same manner as the original appoint9 ment.

10 (d) INITIAL MEETING.—No later than 60 days after

11 the date on which all members of the Commission have been

12 appointed, the Commission shall hold its first meeting.

13 (e) MEETINGS.—The Commission shall meet at the call

14 of the Chairman.

15 (f) QUORUM.—A majority of the members of the Com16 mission shall constitute a quorum, but a lesser number of

17 members may hold hearings.

18 SEC. 4. DUTIES OF THE COMMISSION.

19 (a) STUDY.—

20 (1) IN GENERAL.—It shall be the duty of the

21 Commission to conduct a comprehensive legal and

22 factual study of—

23 (A) gambling in the United States, includ24 ing State-sponsored lotteries, casino gambling,

25 pari-mutuel betting, and sports betting; and
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1 (B) existing Federal, State, and local policy

2 and practices with respect to the legalization or

3 prohibition of gambling activities and to formu4 late and propose such changes in those policies

5 and practices as the Commission shall deem ap6 propriate.

7 (2) MATTERS STUDIED.—The matters studied by

8 the Commission shall include—

9 (A) the economic impact of gambling on the

10 United States, States, political subdivisions of

11 States, and Indian tribes, both in its positive

12 and negative aspects;

13 (B) the economic impact of gambling on

14 other businesses;

15 (C) an assessment and review of political

16 contributions and their influence on the develop17 ment of public policy regulating gambling;

18 (D) an assessment of the relationship be19 tween gambling and crime;

20 (E) an assessment of the impact of patho21 logical, or problem gambling on individuals,

22 families, social institutions, criminal activity

23 and the economy;

24 (F) a review of the demographics of gam25 blers;
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1 (G) a review of the effectiveness of existing

2 practices in law enforcement, judicial adminis3 tration, and corrections to combat and deter ille4 gal gambling and illegal activities related to

5 gambling;

6 (H) a review of the costs and effectiveness of

7 State and Federal gambling regulatory policy,

8 including as it relates to Indian gambling;

9 (I) an assessment of the effects of advertis10 ing concerning gambling, including—

11 (i) whether advertising has increased

12 participation in gambling activity;

13 (ii) the effects of various types of ad14 vertising, including the sponsorship of

15 sporting events;

16 (iii) the relationship between advertis17 ing and the amount of the prize to be

18 awarded; and

19 (iv) an examination of State lottery

20 advertising practices, including the process

21 by which States award lottery advertising

22 contracts;

23 (J) a review of gambling that uses inter24 active technology, including the Internet;
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1 (K) a review of the extent to which casino

2 gambling provides economic opportunity to resi3 dents of economically depressed regions and to

4 Indian tribes;

5 (L) a review of the effect of revenues derived

6 from State-sponsored gambling on State budgets;

7 and

8 (M) such other relevant issues and topics as

9 considered appropriate by the Chairman of the

10 Commission.

11 (b) REPORT.—No later than 2 years after the Commis12 sion first meets, the Commission shall submit a report to

13 the President and the Congress which shall contain a de14 tailed statement of the findings and conclusions of the Com15 mission, together with its recommendations for such legisla16 tion and administrative actions as it considers appropriate.

17 SEC. 5. POWERS OF THE COMMISSION.

18 (a) HEARINGS AND SUBPOENAS.—

19 (1) The Commission may hold such hearings, sit

20 and act at such times and places, administer such

21 oaths, take such testimony, receive such evidence, and

22 require by subpoena the attendance and testimony of

23 such witnesses and the production of such materials

24 as the Commission considers advisable to carry out

25 the purposes of this Act.
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1 (2) ATTENDANCE OF WITNESSES.—The attend2 ance of witnesses and the production of evidence may

3 be required from any place within the United States.

4 (3) FAILURE TO OBEY A SUBPOENA.—If a person

5 refuses to obey a subpoena issued under paragraph

6 (1), the Commission may apply to a United States

7 district court for an order requiring that person to

8 appear before the Commission to give testimony,

9 produce evidence, or both, relating to the matter

10 under investigation. The application may be made

11 within the judicial district where the hearing is con12 ducted or where that person is found, resides, or

13 transacts business. Any failure to obey the order of

14 the court may be punished by the court as civil con15 tempt.

16 (4) SERVICE OF SUBPOENAS.—The subpoenas of

17 the Commission shall be served in the manner pro18 vided for subpoenas issued by a United States district

19 court under the Federal Rules of Civil Procedure for

20 the United States district courts.

21 (5) SERVICE OF PROCESS.—All process of any

22 court to which application is to be made under para23 graph (3) may be served in the judicial district in

24 which the person required to be served resides or may

25 be found.
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1 (b) INFORMATION FROM FEDERAL AGENCIES.—The

2 Commission may secure directly from any Federal depart3 ment or agency such information as the Commission con4 siders necessary to carry out the provisions of this Act.

5 Upon request of the Chairman of the Commission, the head

6 of such department or agency may furnish such information

7 to the Commission.

8 (c) DETAIL OF GOVERNMENT EMPLOYEES.—Any Fed9 eral Government employee may be detailed to the Commis10 sion without reimbursement, and such detail shall be with11 out interruption or loss of civil service status or privilege.

12 SEC. 6. COMMISSION PERSONNEL MATTERS.

13 (a) COMPENSATION OF MEMBERS.—Subject to the lim14 itation provided in subsection (e), each member of the Com15 mission who is not an officer or employee of the Federal

16 Government shall be compensated at a rate equal to the

17 daily equivalent of the annual rate of basic pay prescribed

18 for level IV of the Executive Schedule under section 5315

19 of title 5, United States Code, for each day (including travel

20 time) during which such member is engaged in the perform21 ance of the duties of the Commission. All members of the

22 Commission who are officers or employees of the United

23 States shall serve without compensation in addition to that

24 received for their services as officers or employees of the

25 United States.
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1 (b) TRAVEL EXPENSES.—Subject to the limitation

2 provided in subsection (e), the members of the Commission

3 shall be allowed travel expenses, including per diem in lieu

4 of subsistence, at rates authorized for employees of agencies

5 under subchapter I of chapter 57 of title 5, United States

6 Code, while away from their homes or regular places of

7 business in the performance of services for the Commission.

8 (c) STAFF.—

9 (1) IN GENERAL.—The Chairman of the Com10 mission may, without regard to the civil service laws

11 and regulations, appoint and terminate an executive

12 director and such other additional personnel as may

13 be necessary to enable the Commission to perform its

14 duties. The employment of an executive director shall

15 be subject to confirmation by the Commission.

16 (2) COMPENSATION.—Subject to the requirements

17 of subsection (e), the executive director shall be com18 pensated at the rate payable for level V of the Execu19 tive Schedule under section 5316 of title 5, United

20 States Code. The Chairman of the Commission may

21 fix the compensation of other personnel without re22 gard to the provisions of chapter 51 and subchapter

23 III of chapter 53 of title 5, United States Code, relat24 ing to classification of positions and General Schedule

25 pay rates, except that the rate of pay for such person-
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•HR 497 RH

1 nel may not exceed the rate payable for level V of the

2 Executive Schedule under section 5316 of such title.

3 (d) PROCUREMENT OF TEMPORARY AND INTERMIT4 TENT SERVICES.—The Chairman of the Commission may

5 procure temporary and intermittent services under section

6 3109(b) of title 5, United States Code, at rates for individ7 uals which do not exceed the daily equivalent of the annual

8 rate of basic pay prescribed for level V of the Executive

9 Schedule under section 5316 of such title.

10 (e) LIMITATION.—No payment may be made under the

11 authority of this section except to the extent provided for

12 in advance in an appropriation for this purpose.

13 SEC. 7. TERMINATION OF THE COMMISSION.

14 The Commission shall terminate 30 days after the date

15 on which the Commission submits its report under section

16 4.