I
104TH CONGRESS
1ST SESSION
H. R. 462
To establish the Commission on the Review of National Policies Toward
Gambling.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 11, 1995
Mr. LAFALCE introduced the following bill; which was referred to the Commit-
tee on the Judiciary, and in addition to the Committees on Resources and
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To establish the Commission on the Review of National
Policies Toward Gambling.
Be it enacted by the Senate and House of Representa-
tives 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
1995’’.
(b) FINDINGS.—The Congress finds the following:
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(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 in-
dustry;
(B) Indian tribal gambling did not exist;
(C) State lotteries existed in just 13
States; and
(D) the link between gambling and orga-
nized crime was the paramount concern of the
commission.
(2) The gambling industry has grown dramati-
cally in recent years as demonstrated by the follow-
ing:
(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.
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(3) Implementation of the Indian Gaming Reg-
ulatory Act in 1988 created a competitive environ-
ment between Indian tribes and States to legalize
and develop casinos at a swift pace, as evidenced by
the current status of casino gambling among rec-
reational 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 Na-
tion as a whole.
(5) Gambling brings with it certain externalities
that other industries do not bring. Specifically, the
proliferation of the gambling industry raises con-
cerns regarding—
(A) corresponding proliferation of gam-
bling addiction;
(B) proliferation in addiction-related crime;
(C) proliferation in cross addictions be-
tween 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
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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 influ-
ence of gambling advocates in city halls and
statehouses across the country, where govern-
ments must act as both regulator and profiteer
of gambling.
(6) There are variations and conflicts in the
regulatory structures controlling gambling nation-
wide, and in particular between Federal oversight
through the Indian Gaming Regulatory Act and
State laws.
(7) There is no adequate core or body of knowl-
edge at the national level on the impact of gambling
proliferation on the United States.
(8) Most of the economic impact studies of ca-
sino 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
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addiction and the socioeconomic cost to the Nation
of gambling addiction.
(10) Policymakers at the local, State, and Fed-
eral levels are in need of sound information and data
on the social and economic impact of gambling pro-
liferation 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 ac-
tivities in the United States, (2) the social and economic
impact of such gambling activities, and (3) existing Fed-
eral, 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 con-
sider appropriate.
(b) REQUIREMENTS.—The study to be conducted
under subsection (a) shall, at a minimum, include the fol-
lowing:
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(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 socioeconomic impact of gambling
addiction; and
(D) the growth in gambling related crime
and gambling-addiction related crime, particu-
larly 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 prohibi-
tion and taxation of gambling activities, including
consideration of possible alternatives to such prac-
tices.
(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
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practice changes as it may consider to 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 mi-
nority leader of the House of Representatives.
(3) Seven individuals appointed by the Presi-
dent of the United States.
(b) QUALIFICATIONS.—Members appointed pursuant
to subsection (a) shall be appointed from among individ-
uals who are not officers of the executive branch of the
Government or Members of Congress and who are spe-
cially 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.
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(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 appoint-
ment 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 (in-
cluding travel time) during which they are engaged
in the actual performance of duties vested in the
Commission.
(2) PROHIBITION OF COMPENSATION OF MEM-
BERS OF THE FEDERAL JUDICIARY.—Members of
the Commission who are members of the Federal ju-
diciary may not receive additional pay, allowances,
or benefits by reason of their service on the Commis-
sion.
(g) TRAVEL EXPENSES.—Each member of the Com-
mission shall receive travel expenses, including per diem
in lieu of subsistence, in accordance with sections 5702
and 5703 of title 5, United States Code.
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SEC. 5. STAFF.
(a) APPOINTMENTS.—Subject to such rules and regu-
lations as may be adopted by the Commission, the Chair-
man 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 com-
petitive 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 pur-
suant to this section, the Chairman of the Commission
shall include among the Chairman’s appointments individ-
uals 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 hear-
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ings, 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 mem-
ber or agent of the Commission may, if authorized by the
Commission, take any action which the Commission is au-
thorized 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 Com-
mission, the head of that department or agency shall fur-
nish that information to the Commission.
(d) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other departments and agencies of the United
States.
(e) ADMINISTRATIVE SUPPORT SERVICES.—Upon
the request of the Commission, the Administrator of Gen-
eral Services shall provide to the Commission, on a reim-
bursable basis, the administrative support services nec-
essary for the Commission to carry out its responsibilities
under this Act.
(f) SUBPOENA POWER.—
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(1) IN GENERAL.—The Commission may issue
subpoenas requiring the attendance and testimony of
witnesses and the production of any evidence relat-
ing to any matter which the Commission is empow-
ered to investigate by this Act. The attendance of
witnesses and the production of evidence may be re-
quired 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 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.
(3) SERVICE OF SUBPOENAS.—The subpoenas
of the Commission shall be served in the manner
provided for subpoenas issued by a United States
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district court under the Federal Rules of Civil Pro-
cedure for the United States district courts.
(4) SERVICE OF PROCESS.—All process of any
court to which application is to be made under para-
graph (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 sub-
mit to the President of the United States and the Con-
gress interim reports as the Commission considers appro-
priate.
(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 conclu-
sions of the Commission.
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SEC. 8 TERMINATION.
The Commission shall terminate on the 60th day fol-
lowing submittal of the final report of the Commission
pursuant to section 7(b).
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