[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3745 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 3745

To amend the Indian Gaming Regulatory Act to require State legislature 
      approval of new gambling facilities, to provide for minimum 
   requirements for Federal regulation of Indian gaming, to set up a 
commission to report to Congress on current living and health standards 
               in Indian country, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 28, 2004

  Mr. Shays (for himself and Mr. Wolf) introduced the following bill; 
            which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Indian Gaming Regulatory Act to require State legislature 
      approval of new gambling facilities, to provide for minimum 
   requirements for Federal regulation of Indian gaming, to set up a 
commission to report to Congress on current living and health standards 
               in Indian country, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tribal and Local Communities 
Relationship Improvement Act''.

SEC. 2. STATE LEGISLATIVE APPROVAL NEEDED FOR GAMING UNDER CERTAIN 
              COMPACTS AND EXCEPTION.

    (a) In General.--Section 11(d)(3) of the Indian Gaming Regulatory 
Act (25 U.S.C. 2710(d)(3)) is amended by adding at the end the 
following new subparagraph:
            ``(D) Any Tribal-State compact approved after the date of 
        the enactment of the Tribal and Local Communities Relationship 
        Improvement Act shall not be valid unless approved by the 
        Governor and the State legislature of the State with which the 
        Tribal-State compact was negotiated. This subparagraph shall 
        not apply to a Tribal-State compact that is a renewal or 
        renegotiation of a Tribal-State compact that was in effect on 
        the date of the enactment of the Tribal and Local Communities 
        Relationship Improvement Act if the renewed or renegotiated 
        Tribal-State compact does not include new terms or provisions 
        which result in an expansion of the gaming operations covered 
        by the Tribal-State compact that was in effect on the date of 
        the enactment of the Tribal and Local Communities Relationship 
        Improvement Act.''.
    (b) Approval Required for Gaming Under Exception.--
            (1) In general.--Section 20(a) of the Indian Gaming 
        Regulatory Act (25 U.S.C. 2719(a)) is amended to read as 
        follows:
    ``Sec. 20. (a) Gaming regulated by this Act shall not be conducted 
on lands acquired by the Secretary in trust for the benefit of an 
Indian tribe after October 17, 1988, unless the Secretary, after 
consultation with the Indian tribe and appropriate State and local 
officials, including officials of other nearby Indian tribes, 
determines that a gaming establishment on such land would be in the 
best interest of the Indian tribe and its members, and would not be 
detrimental to the communities in surrounding counties and parishes, 
but only if the Governor and legislature of the State in which the 
gaming activity is to be conducted concurs in the Secretary's 
determination.''.
            (2) Conforming amendments.--Section 20(b) of the Indian 
        Gaming Regulatory Act (25 U.S.C. 2719(b)) is amended--
                    (A) by striking paragraph (1);
                    (B) in paragraph (3), by striking ``paragraph 
                (2)(B)'' and inserting ``paragraph (1)(B)''; and
                    (C) by redesignating paragraphs (2) and (3) as 
                paragraphs (1) and (2), respectively.

SEC. 3. LIMIT ON NUMBER OF PARCELS OF LAND ON WHICH CLASS III GAMING 
              MAY BE CONDUCTED BY AN INDIAN TRIBE.

    Section 11(d)(8)(A) of the Indian Gaming Regulatory Act (25 U.S.C. 
2710(d)(8)(A)) is amended by adding at the end the following: 
``Notwithstanding the preceding sentence, after the date of the 
enactment of the Tribal and Local Communities Relationship Improvement 
Act, the Secretary shall not approve any Tribal-State compact that 
would result in an Indian tribe conducting class III gaming regulated 
under this Act on more than 1 parcel of land or, if an Indian tribe 
conducted class III gaming regulated under this Act under 1 or more 
valid, approved Tribal-State compacts on the date of the enactment of 
the Tribal and Local Communities Relationship Improvement Act, on the 
number of parcels of land on which the Indian tribe conducted such 
gaming on that date.''.

SEC. 4. MINIMUM REQUIREMENTS FOR FEDERAL REGULATION.

    (a) Establishment.--The President shall establish an advisory 
committee to be known as the ``Advisory Committee on Minimum Regulatory 
Requirements and Licensing Standards for Indian Gaming'' (hereinafter 
referred to as the ``Advisory Committee'').
    (b) Members.--
            (1) In general.--The Advisory Committee shall be composed 
        of 8 members who shall be appointed by the President not later 
        than 120 days after the date of the enactment of this Act, of 
        which--
                    (A) 3 members, selected from a list of 
                recommendations submitted to the President by the 
                chairperson and vice chairperson of the Committee on 
                Indian Affairs of the Senate and the chairperson and 
                ranking minority member of the Committee on Resources 
                of the House of Representatives, shall be members of, 
                and represent, Indian tribal governments involved in 
                gaming covered under the Indian Gaming Regulatory Act;
                    (B) 3 members, selected from a list of 
                recommendations submitted to the President by the 
                majority leader and the minority leader of the Senate 
                and the Speaker and the minority leader of the House of 
                Representatives, shall represent State governments 
                involved in gaming covered under the Indian Gaming 
                Regulatory Act, and shall have experience as State 
                gaming regulators; and
                    (C) 2 members shall be employees of the Department 
                of Justice.
            (2) Vacancies.--Any vacancy on the Advisory Committee shall 
        not affect its powers, but shall be filled in the same manner 
        as the original appointment.
    (c) Recommendations for Minimum Federal Standards.--
            (1) In general.--Not later than 180 days after the date on 
        which all initial members of the Advisory Committee have been 
        appointed under subsection (b), the Advisory Committee shall 
        develop and submit to the entities referred to in paragraph (2) 
        recommendations for minimum Federal standards as described in 
        subsection (d).
            (2) Recipients of recommendations.--The Advisory Committee 
        shall submit the recommendations required by paragraph (1) to 
        the Committee on Indian Affairs of the Senate, the Committee on 
        Resources of the House of Representatives, the National Indian 
        Gaming Commission, and each federally recognized Indian tribe.
            (3) Factors for consideration.--The minimum Federal 
        standards recommended pursuant to this subsection--
                    (A) may be developed taking into account industry 
                standards existing at the time of the development of 
                the standards; and
                    (B) shall be developed taking into account--
                            (i) the unique nature of tribal gaming as 
                        compared to non-Indian commercial, 
                        governmental, and charitable gaming;
                            (ii) the broad variations in the scope and 
                        size of tribal gaming activity; and
                            (iii) the inherent sovereign right of 
                        Indian tribes to regulate their own affairs.
    (d) Regulations.--Upon receipt of the recommendations of the 
Advisory Committee, the National Indian Gaming Commission shall hold 
public hearings on the recommendations. After the conclusion of the 
hearings, the Commission shall promulgate regulations establishing 
minimum Federal regulatory requirements substantially in accordance 
with the recommendations made by the Advisory Committee, taking into 
consideration public comment when appropriate. Such regulations shall 
include requirements for--
            (1) background investigations, licensing of persons, and 
        licensing of gaming operations associated with the conduct or 
        regulation of class II and class III gaming on Indian lands by 
        tribal governments; and
            (2) the operation of class II and class III gaming 
        activities on Indian lands, including--
                    (A) surveillance and security personnel and systems 
                capable of monitoring all gaming activities, including 
                the conduct of games, cashiers' cages, change booths, 
                count rooms, movements of cash and chips, entrances and 
                exits to gaming facilities, and other critical areas of 
                any gaming facility;
                    (B) procedures for the protection of the integrity 
                of the rules for the play of games and controls related 
                to such rules;
                    (C) credit and debit collection controls;
                    (D) controls over gambling devices and equipment; 
                and
                    (E) accounting and auditing.
    (e) Travel.--Each member of the Advisory Committee who is appointed 
under subparagraph (A) or (B) of subsection (b)(1) and who is not an 
officer or employee of the Federal Government or a government of a 
State shall be reimbursed for travel and per diem in lieu of 
subsistence expenses during the performance of duties of the Advisory 
Committee while away from the home or the regular place of business of 
that member, in accordance with subchapter I of chapter 57 of title 5, 
United States Code.
    (f) Termination.--The Advisory Committee shall terminate 10 days 
after the Advisory Committee submits the recommendations under 
subsection (c).
    (g) Exemption From Federal Advisory Committee Act.--All activities 
of the Advisory Committee shall be exempt from the Federal Advisory 
Committee Act (5 U.S.C. App.).

SEC. 5. COMMISSION ON NATIVE AMERICAN POLICY.

    (a) Establishment.--There is established a commission to be known 
as the ``Commission on Native American Policy'' (in this section 
referred to as the ``Commission'').
    (b) Membership.--The Commission shall be composed of 13 members 
appointed for the life of the Commission as follows:
            (1) A representative from the National Governors' 
        Association, chosen by the members of that association.
            (2) A representative from the National Association of 
        Attorneys General, chosen by the members of that association.
            (3) The Attorney General, or a designee.
            (4) The Secretary of the Treasury, or a designee.
            (5) The Secretary of the Interior, or a designee.
            (6) The Secretary of Commerce, or a designee.
            (7) The Chairman of the National Indian Gaming Commission, 
        or a designee.
            (8) 1 representative from Indian tribes that operate Indian 
        gaming facilities, appointed by the majority leader of the 
        House of Representatives and the majority leader of the Senate.
            (9) 1 representative from Indian tribes that do not operate 
        Indian gaming facilities, appointed by the majority leader of 
        the House of Representatives and the majority leader of the 
        Senate.
            (10) 1 representative from Indian tribes that operate 
        Indian gaming facilities, appointed by the minority leader of 
        the House of Representatives and the minority leader of the 
        Senate.
            (11) 1 representative from Indian tribes that do not 
        operate Indian gaming facilities, appointed by the minority 
        leader of the House of Representatives and the minority leader 
        of the Senate.
            (12) 1 representative from a unit of local government that 
        is located near an Indian gaming facility appointed by the 
        majority leader of the House of Representatives and the 
        majority leader of the Senate.
            (13) 1 representative from the chamber of commerce of a 
        unit of local government that is located near an Indian gaming 
        facility appointed by the majority leader of the House of 
        Representatives and the majority leader of the Senate.
    (c) Vacancies.--A vacancy in the Commission shall be filled in the 
manner in which the original appointment was made.
    (d) Quorum.--A majority of the members of the Commission shall 
constitute a quorum but a lesser number may hold hearings.
    (e) Chairperson.--The Chairperson of the Commission shall be 
elected by the members of the Commission. The term of office of the 
Chairperson shall be for the life of the Commission.
    (f) Basic Pay.--
            (1) 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.
            (2) 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.
    (g) Hearings and Sessions.--
            (1) In general.--The Commission may, for the purpose of 
        carrying out its duties, hold hearings, 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.
            (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.
    (h) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any action which 
the Commission is authorized to take by this section.
    (i) 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 its duties. Upon request of the 
Chairperson of the Commission, the head of that department or agency 
shall furnish that information to the Commission.
    (j) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (k) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its duties.
    (l) Subpoena Power.--
            (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. The 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 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.
    (m) 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). Except as provided in this subsection, a person 
may not be excused from testifying or from producing evidence pursuant 
to a subpoena on the ground that the testimony or evidence required by 
the subpoena may tend to incriminate or subject that person to criminal 
prosecution. A person, after having claimed the privilege against self-
incrimination, may not be criminally prosecuted by reason of any 
transaction, matter, or thing which that person is compelled to testify 
about or produce evidence relating to, except that the person may be 
prosecuted for perjury committed during the testimony or made in the 
evidence.
    (n) Contract Authority.--To the extent or in the amounts provided 
in advance in appropriation Acts, the Commission may contract with and 
compensate government and private agencies or persons for services, 
without regard to section 3709 of the Revised Statutes (41 U.S.C. 5).
    (o) Study; Report.--
            (1) Study.--Not later than 18 months after funds are first 
        made available for this section, the Commission shall complete 
        a study on the following:
                    (A) Living standards in Indian country, including 
                health, infrastructure, economic development, 
                educational opportunities, and housing.
                    (B) The effectiveness of current Federal programs 
                designed to improve living standards in Indian country, 
                including health, infrastructure, economic development, 
                educational opportunities, and housing.
                    (C) Crime control on Indian reservations.
                    (D) The influence of non-Native American private 
                investors on the Indian Federal recognition process.
                    (E) The influence of non-Native American private 
                investors on the establishment and operation of Indian 
                gaming facilities.
                    (F) The influence of organized crime on Indian 
                gaming.
                    (G) The impact of Indian gaming facilities on local 
                communities, including the impact on economic, 
                environmental, and social issues.
            (2) Report.--Not later than 6 months after completion of 
        the study required by paragraph (1), the Commission shall 
        submit to Congress a report containing a detailed statement of 
        the findings and conclusions of the Commission, together with 
        its legislative recommendations for improving--
                    (A) the welfare of Native Americans, including 
                health infrastructure, economic development, 
                educational opportunities, and housing;
                    (B) the relationship between tribal entities and 
                nontribal communities that live in the same area as 
                tribal entities or Indian gaming facilities; and
                    (C) regulations that govern tribal gaming to reduce 
                the potential for crime and exploitation of Indians and 
                Indian tribes.
    (p) Termination.--The Commission shall terminate 30 days after 
submitting its final report pursuant this section.
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