[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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