Congressional Record—House H 1675
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March 5, 1996 CONGRESSIONAL RECORD Ð HOUSE H 1675 ground that a quorum is not present (A) gambling in the United States, includ- (3) FAILURE TO OBEY A SUBPOENA.ÐIf a per- and make the point of order that a ing State-sponsored lotteries, casino gam- son refuses to obey a subpoena issued under quorum is not present. bling, pari-mutuel betting, and sports bet- paragraph (1), the Commission may apply to The SPEAKER pro tempore. Pursu- ting; and a United States district court for an order ant to clause 5, rule I, and the Chair's (B) existing Federal, State, and local pol- requiring that person to appear before the icy and practices with respect to the legal- Commission to give testimony, produce evi- prior announcement, further proceed- ization or prohibition of gambling activities dence, or both, relating to the matter under ings on this motion will be postponed. and to formulate and propose such changes investigation. The application may be made The point of no quorum is considered in those policies and practices as the Com- within the judicial district where the hear- withdrawn. mission shall deem appropriate. ing is conducted or where that person is f (2) MATTERS STUDIED.ÐThe matters studied found, resides, or transacts business. Any by the Commission shall includeÐ failure to obey the order of the court may be b 1145 (A) the economic impact of gambling on punished by the court as civil contempt. NATIONAL GAMBLING IMPACT the United States, States, political subdivi- (4) SERVICE OF SUBPOENAS.ÐThe subpoenas of the Commission shall be served in the AND POLICY COMMISSION ACT sions of States, and Indian tribes, both in its positive and negative aspects; manner provided for subpoenas issued by a Mr. HYDE. Mr. Speaker, I move to (B) the economic impact of gambling on United States district court under the Fed- suspend the rules and pass the bill other businesses; eral Rules of Civil Procedure for the United (H.R. 497) to create the National Gam- (C) an assessment and review of political States district courts. bling Impact and Policy Commission, contributions and their influence on the de- (5) SERVICE OF PROCESS.ÐAll process of any as amended. velopment of public policy regulating gam- court to which application is to be made The Clerk read as follows: bling; under paragraph (3) may be served in the ju- dicial district in which the person required H.R. 497 (D) an assessment of the relationship be- tween gambling and crime; to be served resides or may be found. Be it enacted by the Senate and House of Rep- (E) an assessment of the impact of patho- (b) INFORMATION FROM FEDERAL AGEN- resentatives of the United States of America in logical, or problem gambling on individuals, CIES.ÐThe Commission may secure directly Congress assembled, from any Federal department or agency such families, social institutions, criminal activ- information as the Commission considers SECTION 1. SHORT TITLE. ity and the economy; necessary to carry out the provisions of this This Act may be cited as the ``National (F) a review of the demographics of gam- Act. Upon request of the Chairman of the Gambling Impact and Policy Commission blers; Commission, the head of such department or Act''. (G) a review of the effectiveness of existing SEC. 2. ESTABLISHMENT OF COMMISSION. agency may furnish such information to the practices in law enforcement, judicial ad- Commission. There is established a commission to be ministration, and corrections to combat and known as the National Gambling Impact and (c) DETAIL OF GOVERNMENT EMPLOYEES.Ð deter illegal gambling and illegal activities Any Federal Government employee may be Policy Commission (in this Act referred to as related to gambling; the ``Commission''). detailed to the Commission without reim- (H) a review of the costs and effectiveness bursement, and such detail shall be without SEC. 3. MEMBERSHIP. of State, Federal, and Tribal gambling regu- interruption or loss of civil service status or (a) NUMBER AND APPOINTMENT.Ð latory policy; privilege. (1) GENERALLY.ÐThe Commission shall be (I) an assessment of the effects of advertis- composed of 9 members, appointed from per- SEC. 6. COMMISSION PERSONNEL MATTERS. ing concerning gambling, includingÐ (a) COMPENSATION OF MEMBERS.ÐSubject to sons specially qualified by training and expe- (i) whether advertising has increased par- the limitation provided in subsection (e), rience to perform the duties of the Commis- ticipation in gambling activity; each member of the Commission who is not sion, as follows: (ii) the effects of various types of advertis- an officer or employee of the Federal Gov- (A) three appointed by the Speaker of the ing, including the sponsorship of sporting ernment shall be compensated at a rate House of Representatives; events; equal to the daily equivalent of the annual (B) three appointed by the majority leader (iii) the relationship between advertising rate of basic pay prescribed for level IV of of the Senate; and and the amount of the prize to be awarded; the Executive Schedule under section 5315 of (C) three appointed by the President of the and title 5, United States Code, for each day (in- United States. (iv) an examination of State lottery adver- cluding travel time) during which such mem- (2) CONSULTATION BEFORE APPOINTMENT.Ð tising practices, including the process by ber is engaged in the performance of the du- Before the appointment of members of the which States award lottery advertising con- ties of the Commission. All members of the Commission (including to any vacancies), tracts; Commission who are officers or employees of the appointing authorities shall consult with (J) a review of gambling that uses inter- the United States shall serve without com- each other to assure that the overall mem- active technology, including the Internet; pensation in addition to that received for bership of the Commission reflects a fair and (K) a review of the extent to which casino their services as officers or employees of the equitable representation of various points of gambling provides economic opportunity to United States. view. residents of economically depressed regions (b) TRAVEL EXPENSES.ÐSubject to the lim- (3) TIMING OF APPOINTMENTS.ÐThe appoint- and to Indian tribes; itation provided in subsection (e), the mem- ing authorities shall make their appoint- (L) a review of the effect of revenues de- bers of the Commission shall be allowed ments to the Commission not later than 60 rived from State-sponsored gambling on travel expenses, including per diem in lieu of days after the date of the enactment of this State budgets; and subsistence, at rates authorized for employ- Act. (M) such other relevant issues and topics ees of agencies under subchapter I of chapter (b) DESIGNATION OF THE CHAIRMAN.ÐThe as considered appropriate by the Chairman 57 of title 5, United States Code, while away from their homes or regular places of busi- Speaker of the House of Representatives and of the Commission. majority leader of the Senate shall designate ness in the performance of services for the (b) REPORT.ÐNo later than 2 years after Commission. a Chairman and Vice Chairman from among the Commission first meets, the Commission (c) STAFF.Ð the members of the Commission. shall submit a report to the President and (c) PERIOD OF APPOINTMENT; VACANCIES.Ð (1) IN GENERAL.ÐThe Chairman of the Com- the Congress which shall contain a detailed Members shall be appointed for the life of mission may, without regard to the civil statement of the findings and conclusions of the Commission. Any vacancy in the Com- service laws and regulations, appoint and the Commission, together with its rec- mission shall not affect its powers, but shall terminate an executive director and such ommendations for such legislation and ad- be filled in the same manner as the original other additional personnel as may be nec- ministrative actions as it considers appro- appointment. essary to enable the Commission to perform priate. (d) INITIAL MEETING.ÐNo later than 60 days its duties. The employment of an executive after the date on which all members of the SEC. 5. POWERS OF THE COMMISSION. director shall be subject to confirmation by Commission have been appointed, the Com- (a) HEARINGS AND SUBPOENAS.Ð the Commission. mission shall hold its first meeting. (1) The Commission may hold such hear- (2) COMPENSATION.ÐSubject to the require- (e) MEETINGS.ÐThe Commission shall meet ings, sit and act at such times and places, ments of subsection (e), the executive direc- at the call of the Chairman. administer such oaths, take such testimony, tor shall be compensated at the rate payable (f) QUORUM.ÐA majority of the members of receive such evidence, and require by sub- for level V of the Executive Schedule under the Commission shall constitute a quorum, poena the attendance and testimony of such section 5316 of title 5, United States Code. but a lesser number of members may hold witnesses and the production of such mate- The Chairman of the Commission may fix hearings. rials as the Commission considers advisable the compensation of other personnel without SEC. 4. DUTIES OF THE COMMISSION. to carry out the purposes of this Act. regard to the provisions of chapter 51 and (a) STUDY.Ð (2) ATTENDANCE OF WITNESSES.ÐThe at- subchapter III of chapter 53 of title 5, United (1) IN GENERAL.ÐIt shall be the duty of the tendance of witnesses and the production of States Code, relating to classification of po- Commission to conduct a comprehensive evidence may be required from any place sitions and General Schedule pay rates, ex- legal and factual study ofÐ within the United States. cept that the rate of pay for such personnel H 1676 CONGRESSIONAL RECORD Ð HOUSE March 5, 1996 may not exceed the rate payable for level V tween gambling and crime, including considering the legalization of gam- of the Executive Schedule under section 5316 organized crime.