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[104th Congress Public Law 169]
[From the U.S. Government Printing Office]

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[DOCID: f:publ169.104]

[[Page 1481]]

              NATIONAL GAMBLING IMPACT STUDY COMMISSION ACT

[[Page 110 STAT. 1482]]

Public Law 104-169
104th Congress

                                 An Act

 
 To create the National Gambling Impact and Policy Commission. <<NOTE:  
                      Aug. 3, 1996 -  [H.R. 497]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: National Gambling Impact 
Study Commission Act.>> assembled, 

SECTION 1. <<NOTE: 18 USC 1955 note.>> SHORT TITLE.

    This Act may be cited as the ``National Gambling Impact Study 
Commission Act''.

SEC. 2. <<NOTE: 18 USC 1955 note.>> FINDINGS.

    The Congress finds that--
            (1) the most recent Federal study of gambling in the United 
        States was completed in 1976;
            (2) legalization of gambling has increased substantially 
        over the past 20 years, and State, local, and Native American 
        tribal governments have established gambling as a source of jobs 
        and additional revenue;
            (3) the growth of various forms of gambling, including 
        electronic gambling and gambling over the Internet, could affect 
        interstate and international matters under the jurisdiction of 
        the Federal Government;
            (4) questions have been raised regarding the social and 
        economic impacts of gambling, and Federal, State, local, and 
        Native American tribal governments lack recent, comprehensive 
        information regarding those impacts; and
            (5) a Federal commission should be established to conduct a 
        comprehensive study of the social and economic impacts of 
        gambling in the United States.

SEC. 3. <<NOTE: 18 USC 1955 note.>> NATIONAL GAMBLING IMPACT STUDY 
            COMMISSION.

    (a) Establishment of Commission.--There is established a commission 
to be known as the National Gambling Impact Study Commission 
(hereinafter referred to in this Act as ``the Commission''). The 
Commission shall--
            (1) be composed of 9 members appointed in accordance with 
        subsection (b); and
            (2) conduct its business in accordance with the provisions 
        of this Act.

    (b) <<NOTE: President.>> Membership.--
            (1) In general.--The Commissioners shall be appointed for 
        the life of the Commission as follows:
                    (A) 3 shall be appointed by the President of the 
                United States.
                    (B) 3 shall be appointed by the Speaker of the House 
                of Representatives.

[[Page 110 STAT. 1483]]

                    (C) 3 shall be appointed by the Majority Leader of 
                the Senate.
            (2) Persons eligible.--The members of the Commission shall 
        be individuals who have knowledge or expertise, whether by 
        experience or training, in matters to be studied by the 
        Commission under section 4. The members may be from the public 
        or private sector, and may include Federal, State, local, or 
        Native American tribal officers or employees, members of 
        academia, non-profit organizations, or industry, or other 
        interested individuals.
            (3) Consultation required.--The President, the Speaker of 
        the House of Representatives, and the Majority Leader of the 
        Senate shall consult among themselves prior to the appointment 
        of the members of the Commission in order to achieve, to the 
        maximum extent possible, fair and equitable representation of 
        various points of view with respect to the matters to be studied 
        by the Commission under section 4.
            (4) Completion of appointments; vacancies.--The President, 
        the Speaker of the House of Representatives, and the Majority 
        Leader of the Senate shall conduct the consultation required 
        under paragraph (3) and shall each make their respective 
        appointments not later than 60 days after the date of enactment 
        of this Act. Any vacancy that occurs during the life of the 
        Commission shall not affect the powers of the Commission, and 
        shall be filled in the same manner as the original appointment 
        not later than 60 days after the vacancy occurs.
            (5) Operation of the commission.--
                    (A) Chairmanship.--The President, the Speaker of the 
                House of Representatives, and the Majority Leader of the 
                Senate shall jointly designate one member as the 
                Chairman of the Commission. In the event of a 
                disagreement among the appointing authorities, the 
                Chairman shall be determined by a majority vote of the 
                appointing authorities. The determination of which 
                member shall be Chairman shall be made not later than 15 
                days after the appointment of the last member of the 
                Commission, but in no case later than 75 days after the 
                date of enactment of this Act.
                    (B) Meetings.--The Commission shall meet at the call 
                of the Chairman. The initial meeting of the Commission 
                shall be conducted not later than 30 days after the 
                appointment of the last member of the Commission, or not 
                later than 30 days after the date on which appropriated 
                funds are available for the Commission, whichever is 
                later.
                    (C) Quorum; voting; rules.--A majority of the 
                members of the Commission shall constitute a quorum to 
                conduct business, but the Commission may establish a 
                lesser quorum for conducting hearings scheduled by the 
                Commission. Each member of the Commission shall have one 
                vote, and the vote of each member shall be accorded the 
                same weight. The Commission may establish by majority 
                vote any other rules for the conduct of the Commission's 
                business, if such rules are not inconsistent with this 
                Act or other applicable law.

[[Page 110 STAT. 1484]]

SEC. 4. <<NOTE: 18 USC 1955 note.>> DUTIES OF THE COMMISSION.

    (a) Study.--
            (1) In general.--It shall be the duty of the Commission to 
        conduct a comprehensive legal and factual study of the social 
        and economic impacts of gambling in the United States on--
                    (A) Federal, State, local, and Native American 
                tribal governments; and
                    (B) communities and social institutions generally, 
                including individuals, families, and businesses within 
                such communities and institutions.
            (2) Matters to be studied.--The matters studied by the 
        Commission under paragraph (1) shall at a minimum include--
                    (A) a review of existing Federal, State, local, and 
                Native American tribal government policies and practices 
                with respect to the legalization or prohibition of 
                gambling, including a review of the costs of such 
                policies and practices;
                    (B) an assessment of the relationship between 
                gambling and levels of crime, and of existing 
                enforcement and regulatory practices that are intended 
                to address any such relationship;
                    (C) an assessment of pathological or problem 
                gambling, including its impact on individuals, families, 
                businesses, social institutions, and the economy;
                    (D) an assessment of the impacts of gambling on 
                individuals, families, businesses, social institutions, 
                and the economy generally, including the role of 
                advertising in promoting gambling and the impact of 
                gambling on depressed economic areas;
                    (E) an assessment of the extent to which gambling 
                provides revenues to State, local, and Native American 
                tribal governments, and the extent to which possible 
                alternative revenue sources may exist for such 
                governments; and
                    (F) an assessment of the interstate and 
                international effects of gambling by electronic means, 
                including the use of interactive technologies and the 
                Internet.

    (b) Report.--No later than 2 years after the date on which the 
Commission first meets, the Commission shall submit to the President, 
the Congress, State Governors, and Native American tribal governments a 
comprehensive report of the Commission's findings and conclusions, 
together with any recommendations of the Commission. Such report shall 
include a summary of the reports submitted to the Commission by the 
Advisory Commission on Intergovernmental Relations and National Research 
Council under section 7, as well as a summary of any other material 
relied on by the Commission in the preparation of its report.

SEC. 5. <<NOTE: 18 USC 1955 note.>> POWERS OF THE COMMISSION.

    (a) Hearings.--
            (1) In general.--The Commission may hold such hearings, sit 
        and act at such times and places, administer such oaths, take 
        such testimony, and receive such evidence as the Commission 
        considers advisable to carry out its duties under section 4.

[[Page 110 STAT. 1485]]

            (2) Witness expenses.--Witnesses requested to appear before 
        the Commission shall be paid the same fees as are paid to 
        witnesses under section 1821 of title 28, United States Code. 
        The per diem and mileage allowances for witnesses shall be paid 
        from funds appropriated to the Commission.

    (b) Subpoenas.--
            (1) In general.--If a person fails to supply information 
        requested by the Commission, the Commission may by majority vote 
        require by subpoena the production of any written or recorded 
        information, document, report, answer, record, account, paper, 
        computer file, or other data or documentary evidence necessary 
        to carry out its duties under section 4. 
        The <<NOTE: Confidentiality. Notice.>>  Commission shall 
        transmit to the Attorney General a confidential, written notice 
        at least 10 days in advance of the issuance of any such 
        subpoena. A subpoena under this paragraph may require the 
        production of materials from any place within the United States.
            (2) Interrogatories.--The Commission may, with respect only 
        to information necessary to understand any materials obtained 
        through a subpoena under paragraph (1), issue a subpoena 
        requiring the person producing such materials to answer, either 
        through a sworn deposition or through written answers provided 
        under oath (at the election of the person upon whom the subpoena 
        is served), to interrogatories from the Commission regarding 
        such <<NOTE: Records.>>  information. A complete recording or 
        transcription shall be made of any deposition made under this 
        paragraph.
            (3) Certification.--Each person who submits materials or 
        information to the Commission pursuant to a subpoena issued 
        under paragraph (1) or (2) shall certify to the Commission the 
        authenticity and completeness of all materials or information 
        submitted. The provisions of section 1001 of title 18, United 
        States Code, shall apply to any false statements made with 
        respect to the certification required under this paragraph.
            (4) Treatment of subpoenas.--Any subpoena issued by the 
        Commission under paragraph (1) or (2) shall comply with the 
        requirements for subpoenas issued by a United States district 
        court under the Federal Rules of Civil Procedure.
            (5) Failure to obey a subpoena.--If a person refuses to obey 
        a subpoena issued by the Commission under paragraph (1) or (2), 
        the Commission may apply to a United States district court for 
        an order requiring that person to comply with such subpoena. The 
        application may be made within the judicial district in which 
        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.

    (c) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out its duties under section 4. 
Upon the request of the Commission, the head of such department or 
agency may furnish such information to the Commission.
    (d) Information To Be Kept Confidential.--The Commission shall be 
considered an agency of the Federal Government for purposes of section 
1905 of title 18, United States Code, and any individual employed by an 
individual, entity, or organization under

[[Page 110 STAT. 1486]]

contract to the Commission under section 7 shall be considered an 
employee of the Commission for the purposes of section 1905 of title 18, 
United States Code. Information obtained by the Commission, other than 
information available to the public, shall not be disclosed to any 
person in any manner, except--
            (1) to Commission employees or employees of any individual, 
        entity, or organization under contract to the Commission under 
        section 7 for the purpose of receiving, reviewing, or processing 
        such information;
            (2) upon court order; or
            (3) when publicly released by the Commission in an aggregate 
        or summary form that does not directly or indirectly disclose--
                    (A) the identity of any person or business entity; 
                or
                    (B) any information which could not be released 
                under section 1905 of title 18, United States Code.

SEC. 6. <<NOTE: 18 USC 1955 note.>> COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Commission who is 
not an officer or employee of the Federal Government, or whose 
compensation is not precluded by a State, local, or Native American 
tribal government position, shall be compensated at a rate equal to the 
daily equivalent of the annual rate of basic pay prescribed for Level IV 
of the Executive Schedule under section 5315 of title 5, United States 
Code, for each day (including 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.--The members of the Commission 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 regular 
places of business in the performance of service for the Commission.
    (c) Staff.--
            (1) In general.--The Chairman of the Commission 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 and termination of an 
        executive director shall be subject to confirmation by a 
        majority of the members of the Commission.
            (2) Compensation.--The executive director shall be 
        compensated at a rate not to exceed the rate payable for Level V 
        of the Executive Schedule under section 5316 of title 5, United 
        States Code. The Chairman 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.
            (3) Detail of government employees.--Any Federal Government 
        employee, with the approval of the head of the appropriate 
        Federal agency, may be detailed to the Commission

[[Page 110 STAT. 1487]]

        without reimbursement, and such detail shall be without 
        interruption or loss of civil service status, benefits, or 
        privilege.

    (d) Procurement of Temporary and Intermittent 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 individuals not to 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.

SEC. 7. <<NOTE: 18 USC 1955 note.>> CONTRACTS FOR RESEARCH.

    (a) Advisory Commission on Intergovernmental Relations.--
            (1) In general.--In carrying out its duties under section 4, 
        the Commission shall contract with the Advisory Commission on 
        Intergovernmental Relations for--
                    (A) a thorough review and cataloging of all 
                applicable Federal, State, local, and Native American 
                tribal laws, regulations, and ordinances that pertain to 
                gambling in the United States; and
                    (B) assistance in conducting the studies required by 
                the Commission under section 4(a), and in particular the 
                review and assessments required in subparagraphs (A), 
                (B), and (E) of paragraph (2) of such section.
            (2) Report required.--The contract entered into under 
        paragraph (1) shall require that the Advisory Commission on 
        Intergovernmental Relations submit a report to the Commission 
        detailing the results of its efforts under the contract no later 
        than 15 months after the date upon which the Commission first 
        meets.

    (b) National Research Council.--
            (1) In general.--In carrying out its duties under section 4, 
        the Commission shall contract with the National Research Council 
        of the National Academy of Sciences for assistance in conducting 
        the studies required by the Commission under section 4(a), and 
        in particular the assessment required under subparagraph (C) of 
        paragraph (2) of such section.
            (2) Report required.--The contract entered into under 
        paragraph (1) shall require that the National Research Council 
        submit a report to the Commission detailing the results of its 
        efforts under the contract no later than 15 months after the 
        date upon which the Commission first meets.

    (c) Other Organizations.--Nothing in this section shall be construed 
to limit the ability of the Commission to enter into contracts with 
other entities or organizations for research necessary to carry out the 
Commission's duties under section 4.

SEC. 8. <<NOTE: 18 USC 1955 note.>> DEFINITIONS.

    For the purposes of this Act:
            (1) Gambling.--The term ``gambling'' means any legalized 
        form of wagering or betting conducted in a casino, on a 
        riverboat, on an Indian reservation, or at any other location 
        under the jurisdiction of the United States. Such term includes 
        any casino game, parimutuel betting, sports-related betting, 
        lottery, pull-tab game, slot machine, any type of video gaming, 
        computerized wagering or betting activities (including any such 
        activity conducted over the Internet), and philanthropic or 
        charitable gaming activities.

[[Page 110 STAT. 1488]]

            (2) Native american tribal government.--The term ``Native 
        American tribal government'' means an Indian tribe, as defined 
        under section 4(5) of the Indian Gaming Regulatory Act of 1988 
        (25 U.S.C. 2703(5)).
            (3) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 
        Samoa, and the Commonwealth of the Northern Mariana Islands.

SEC. 9. <<NOTE: 18 USC 1955 note.>> AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Commission, the Advisory Commission on Intergovernmental Relations, and 
the National Academy of Sciences such sums as may be necessary to carry 
out the purposes of this Act. Any sums appropriated shall remain 
available, without fiscal year limitation, until expended.
    (b) Limitation.--No payment may be made under section 6 or 7 of this 
Act except to the extent provided for in advance in an appropriation 
Act.

SEC. 10. <<NOTE: 18 USC 1955 note.>> TERMINATION OF THE COMMISSION.

    The Commission shall terminate 60 days after the Commission submits 
the report required under section 4(b).

    Approved August 3, 1996.

LEGISLATIVE HISTORY--H.R. 497 (S. 704):
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HOUSE REPORTS: No. 104-440, Pt. 1 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 142 (1996):
            Mar. 5, considered and passed House.
            July 17, considered and passed Senate, amended, in lieu of 
                S. 704.
            July 22, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
            Aug. 3, Presidential statement.

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