National Gambling Impact Study Commission Act
PL 104-169 (H.R.497), enacted 08/03/1996

110 STAT. 1482 
PUBLIC LAW 104-169—AUG. 3, 1996 
Public Law 104-169 
104th Congress 
An Act 
Aug. 3, 1996 
To create the National Gambling Impact and Policy Commission. 
[H.R. 497] 
Be it enacted by the Senate and House of Representatives 
of 
National 
the United States of America in Congress assembled, 
Gambling Impact 
Study 
SECTION 1. SHORT TITLE. 
18 uSc WSS^'^' 
This Act may be cited as the "National Gambling Impact Study 
note. 
Commission Act", 
18 u s e 1955 
SEC. 2. 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 CJovernment; 
(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. 
18 u s e 1955 
SEC. 3. NATIONAL GAMBLING IMPACT STUDY COMMISSION. 
"°*®' 
(a) ESTABLISHMENT O F COMMISSION.—^There is established a 
commission to be known as the National Gambling Impact Study 
Commission (hereinafter referred to in this Act as "the Commis-
sion"). 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. 
President. 
(b) 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. 
PUBLIC LAW 104-169—AUG. 3, 1996 
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 appoint-
ment of the members of the Commission in order to achieve, 
to the maximum extent possible, fair and equitable representa-
tion 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 Presi-
dent, 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 respec-
tive 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 deter-
mined 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 appoint-
ment 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 mem-
bers of the Commission shall constitute a quorum to con-
duct business, but the Commission may establish a lesser 
quorum for conducting hearings scheduled by the Commis-
sion. 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 busi-
ness, if such rules are not inconsistent with this Act or 
other applicable law. 
110 STAT. 1484 
PUBLIC LAW 104-169—AUG. 3, 1996 
18 use 1955 
SEC. 4. 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) shsQl at a minimum include— 
(A) a review of existing Federal, State, local, and 
Native American tribal government policies 2ind practices 
with respect to the legalization or prohibition of gambling, 
including a review of the costs of such policies and prac-
tices; 
(B) an assessment of the relationship between gam-
bling 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 gsimbling 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 alter-
native 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 sifter the date on which 
the Commission first meets, the Commission shall submit to the 
President, the Congress, State Grovemors, 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 Inter-
governmental Relations and National Research Council under sec-
tion 7, as well as a summary of any other material relied on 
by the Commission in the preparation of its report. 
18 use 1955 
SEC. 5. 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 Commis-
sion considers advisable to carry out its duties under section 
4. 
PUBLIC LAW 104-169—AUG. 3, 1996 
110 STAT. 1485 
Confidentiality. 
Notice. 
(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 Commission shall transmit to the Attorney General a con-
fidential, written notice at least 10 days in advance of the 
issuance of any such subpoena. A subpoena under this para-
graph 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 information. A complete record- Records, 
ing 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 Commis-
sion 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 para-
graph. 
(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 informa-
tion to the Commission. 
(d) INFORMATION TO BE KEPT CONFIDENTIAL.—The Commission 
shall be considered an agency of the Federal Grovemment for pur-
poses of section 1905 of title 18, United States Code, and any 
individual employed by an individual, entity, or organization under 
110 STAT. 1486 
PUBLIC LAW 104-169—AUG. 3, 1996 
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 individ-
ual, 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 aggre-
gate 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. 
18 use 1955 
SEC. 6. COMMISSION PERSONNEL MATTERS. 
"° * 
(a) COMPENSATION OF MEMBERS.—Each member of the Commis-
sion 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 dsdly 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 com-
pensated 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 Sched-
ule 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 
PUBLIC LAW 104-169—AUG. 3, 1996 
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 SERV-
ICES.—^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 equiva-
lent of the annual rate of basic pay prescribed for Level V of 
the Executive Schedule under section 5316 of such title. 
SEC. 7. CONTRACTS FOR RESEARCH. 
18 USC 1955 
(a) 
ADVISORY COMMISSION ON INTERGOVERNMENTAL RELA-
TIONS.— 
(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 
Intergovemmentgd 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. DEFINITIONS. 
18 USC 1955 
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 river-
boat, on an Indiem 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, comput-
erized wagering or betting activities (including any such activity 
conducted over the Internet), and philanthropic or charitable 
gaming activities. 
110 STAT. 1488 
PUBLIC LAW 104-169—AUG. 3, 1996 
(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, Amer-
ican Samoa, and the Commonwealth of the Northern Mariana 
Islands. 
18 use 1955 
SEC. 9. 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. 
18 use 1955 
SEC. 10. 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): 
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.