Short title

This Act may be cited as the

&short-title1;

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 &short-title1; 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 &short-title1; 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 &short-title1;.

(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:

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.

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 &short-title1;, 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 &short-title1;, on the number of parcels of land on which the Indian tribe conducted such gaming on that date..

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.).

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.