II
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 Representa-
tives of the United States of America in Congress assembled,
HR 497 PCS
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Gambling Im-
pact 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 per-
form 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 Commis-
sion (including to any vacancies), the appointing au-
thorities 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.
HR 497 PCS
(3) TIMING OF APPOINTMENTS.—The appoint-
ing 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.—Mem-
bers 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 appoint-
ment.
(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 meet-
ing.
(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 num-
ber of members may hold hearings.
SEC. 4. DUTIES OF THE COMMISSION.
(a) STUDY.—
HR 497 PCS
(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, includ-
ing State-sponsored lotteries, casino gambling,
pari-mutuel betting, and sports betting; and
(B) existing Federal, State, and local pol-
icy and practices with respect to the legalization
or prohibition of gambling activities and to for-
mulate and propose such changes in those poli-
cies 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 devel-
opment of public policy regulating gambling;
(D) an assessment of the relationship be-
tween gambling and crime;
HR 497 PCS
(E) an assessment of the impact of patho-
logical, or problem gambling on individuals,
families, social institutions, criminal activity
and the economy;
(F) a review of the demographics of gam-
blers;
(G) a review of the effectiveness of existing
practices in law enforcement, judicial adminis-
tration, and corrections to combat and deter il-
legal gambling and illegal activities related to
gambling;
(H) a review of the costs and effectiveness
of State, Federal, and Tribal gambling regu-
latory policy;
(I) an assessment of the effects of adver-
tising concerning gambling, including—
(i) whether advertising has increased
participation in gambling activity;
(ii) the effects of various types of ad-
vertising, including the sponsorship of
sporting events;
(iii) the relationship between advertis-
ing and the amount of the prize to be
awarded; and
HR 497 PCS
(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 inter-
active technology, including the Internet;
(K) a review of the extent to which casino
gambling provides economic opportunity to resi-
dents of economically depressed regions and to
Indian tribes;
(L) a review of the effect of revenues de-
rived 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 Com-
mission 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 ap-
propriate.
SEC. 5. POWERS OF THE COMMISSION.
(a) HEARINGS AND SUBPOENAS.—
HR 497 PCS
(1) The Commission may hold such hearings,
sit and act at such times and places, administer
such oaths, take such testimony, receive such evi-
dence, and require by subpoena the attendance and
testimony of such witnesses and the production of
such materials as the Commission considers advis-
able to carry out the purposes of this Act.
(2) ATTENDANCE OF WITNESSES.—The attend-
ance 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 per-
son refuses to obey a subpoena issued under para-
graph (1), the Commission may apply to a United
States district court for an order requiring that per-
son to appear before the Commission to give testi-
mony, 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
HR 497 PCS
provided for subpoenas issued by a United States
district court under the Federal Rules of Civil Pro-
cedure for the United States district courts.
(5) SERVICE OF PROCESS.—All process of any
court to which application is to be made under para-
graph (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 depart-
ment or agency such information as the Commission con-
siders 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 in-
formation 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 Fed-
eral Government shall be compensated at a rate equal to
HR 497 PCS
the daily equivalent of the annual rate of basic pay pre-
scribed for level IV of the Executive Schedule under sec-
tion 5315 of title 5, United States Code, for each day (in-
cluding 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 Commis-
sion 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 regu-
lar places of business in the performance of services for
the Commission.
(c) STAFF.—
(1) IN GENERAL.—The Chairman of the Com-
mission 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.
HR 497 PCS
(2) COMPENSATION.—Subject to the require-
ments 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 Commis-
sion 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 INTERMIT-
TENT 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 individ-
uals 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.
HR 497 PCS
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