[Congressional Record Volume 143, Number 108 (Monday, July 28, 1997)]
[Senate]
[Pages S8186-S8202]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. TORRICELLI (for himself, Mr. Mack, Mr. Helms, and Mr.
Graham):
S. 1073. A bill to withhold United States assistance for programs for
projects of the International Atomic Energy Agency in Cuba, and for
other purposes; to the Committee on Foreign Relations.
The International Atomic Energy Agency (IAEA) Accountability and Safety
Act of 1997
Mr. TORRICELLI. Mr. President, I rise today to join with my
colleagues, Senators Mack, Helms, and Graham, in introducing the
International Atomic Energy Agency [IAEA] Accountability and Safety Act
of 1997.
This legislation will withhold from the International Atomic Energy
Agency [IAEA] a proportional share of United States assistance for
programs or projects of that Agency in Cuba. It seeks to discourage the
IAEA from technical assistance programs or projects that would
contribute to the maintenance or completion of the Juragua Nuclear
Power Plant near
[[Page S8187]]
Cienfuegos, Cuba and/or to nuclear research or experiments at the Pedro
Pi Nuclear Research Center.
Our legislation makes clear to Cuba and to the international
community that the United States considers the existence of nuclear
facilities under the control of a government on the list of terrorist
countries that has not ratified the fundamental agreements on the
nonproliferation of nuclear weapons a threat to the national security
of the United States. As such, the United States seeks to discourage
all other governments and international agencies from assisting the
efforts of the Cuban Government to maintain or complete the Juragua
Plant or to advance nuclear research at the Pedro Pi facility.
United States funds would be made available to the IAEA to
discontinue, dismantle, or conduct safety inspections of nuclear
facilities and related materials in Cuba, or to inspect or undertake
similar activities designed to prevent the development of nuclear
weapons by Cuba.
The withholding of funds from the IAEA would be obviated if: Cuba
ratifies the Treaty on the Non-Proliferation of Nuclear Weapons or the
Treaty for the Prohibition of Nuclear Weapons in Latin America
(Tlatelolco); negotiates full-scope safeguards of the IAEA within two
years of ratifying; and adopts internationally accepted nuclear safety
standards.
The legislation also requests reports on the activities of the IAEA
in Cuba.
______
By Mr. DODD:
S. 1074. A bill to amend title IV of the Social Security Act to
reform child support enforcement procedures; to the Committee on
Finance.
S. 1075. A bill to provide for demonstration projects to establish or
improve a system of assured minimum child support payments; to the
Committee on Finance.
CHILD SUPPORT LEGISLATION
Mr. DODD. Mr. President, today I'm introducing two pieces of
legislation intended to address the ongoing and utter failure of our
Nation's child support efforts.
Last week, the General Accounting Office released a long-awaited
report on efforts to collect child support throughout the country. It
paints a picture of a broken child support system:
One where four out of five parents legally required to pay child
support simply ignore court orders to do so; one where nearly three in
four custodial parents--and their children--who receive no child
support live in poverty (as of 1991); and one where a staggering $34
billion in child support payments remain uncollected.
The current system of child support is not just a failure by the
States to collect money. It's a nationwide failure to care for
America's children.
Imagine what parents could do for their kids with these billions in
unpaid child support obligations. Currently, Congress and the President
are engaged in a heated debate over how to provide health insurance to
the 10\1/2\ million kids who don't currently have it. We might not be
having that debate if the child support system was working.
Imagine how much better parents could prepare their children to get
the right start in life. With each passing day, we are learning about
how incredibly important the first years, months, even days of life are
to a child's future well-being. Most importantly, they need what money
can't buy: Love, affection, and attention--preferably by two parents
rather than one. But they also need wholesome food, a clean and safe
neighborhood, child care that nurtures rather than warehouses, and
early learning that stretches young minds. Yet, nearly two in three--64
percent--of children under the age of 6 who live only with their
mothers live in poverty.
For two decades, the Federal Government has tried to help States
crack down on deadbeat parents. For two decades they have, by and
large, failed to get the job done. It's time now to try a different
approach.
In 1975, we established the child support enforcement program, which
paid the majority of the administrative and operating costs incurred by
States in enforcing child support rules.
In 1980, we passed legislation to help States pay to computerize
child support orders.
In 1988, we passed a law requiring States to establish computer
registries, and committed $2.6 billion to the effort.
We set a deadline of 1995 for implementation and certification of
those registries. But only a handful of States met that deadline.
So in 1995, we extended the deadline 2 years, to October 1, 1997.
Yet, at this moment, only 15 States have met the requirements of
certification. And GAO predicts many will not meet them by October 1--a
result of mismanagement, interagency squabbles, and a failure to
accurately assess the cost and complexity of computerizing child
support enforcement.
Note that Connecticut at the moment is conditionally certified.
That's a nice way of saying that it's close to meeting the requirements
of certification, but not there yet. And while there has been some
improvement in enforcement efforts, overall our State's performance is
weak by any standard. Some $663 million in child support obligations
remain unpaid and uncollected. The child support payment rate in our
State--the percentage of payments that are on time and in full--is only
16 percent. That's below the national average.
My legislation will do several things.
First, and most importantly, it will federalize the child support
system. It will make paying child support as much of an obligation as
paying taxes. Instead of 50 or more entities struggling to create a
coherent system of collection, we'll have one collector: the IRS.
People may not like the IRS--but that's partly because it gets the job
done. This bill creates a new child support enforcement division within
the IRS, and allows the IRS to use its normal tax collection methods to
collect child support. My legislation would also allow the use of
Federal courts to enforce child support orders--which will immensely
help track deadbeat parents across State lines. And it preserves the
role of States in determining paternity and establishing child support
orders in the first place.
Second, this legislation tries a new approach to help States do a
better job in child support enforcement. It's an approach that a number
of States have tried with considerable success. It's called child
support assurance. The bill I introduce today would provide
demonstration grants to three, four, or five States. Those States would
in turn guarantee child support payments each month to children and
custodial parents. When this approach was tried in New York, a number
of positive developments occurred. First, children got the support they
needed. Second, welfare payments dropped. Third, New York could devote
more resources to enforcing child support orders because it had to
worry less about caring for parents and kids who weren't receiving
child support payments. Overall, New York saved $10 for every $1 it
invested in this program.
Last week's GAO report demonstrates that it's time for our Nation to
take a new approach in efforts to enforce child support obligations.
This legislation can work. And now is the time to try it.
Mr. President, I ask unanimous consent that these bills be printed in
the Record.
There being no objection, the bills were ordered to be printed in the
Record, as follows:
S. 1074
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Child
Support Reform Act of 1997''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
TITLE I--NATIONAL CHILD SUPPORT GUIDELINES COMMISSION
Sec. 101. National Child Support Guidelines Commission.
TITLE II--CENTRALIZED CHILD SUPPORT ENFORCEMENT
Sec. 201. Establishment of the Office of the Assistant Commissioner for
Centralized Child Support Enforcement.
Sec. 202. Use of Federal Case Registry of Child Support Orders and
National Directory of New Hires.
Sec. 203. Division of Enforcement.
Sec. 204. State plan requirements.
Sec. 205. Definitions.
TITLE III--EFFECTIVE DATES
Sec. 301. Effective dates.
[[Page S8188]]
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) an increasing number of children are raised in families
with only one parent present, usually the mother, and these
families are 5 times as likely to be poor as 2-parent
families;
(2) the failure of noncustodial parents to pay their fair
share of child support is a major contributor to poverty
among single-parent families;
(3) in 1990, there was a $33,700,000,000 gap between the
amount of child support that was received and the amount that
could have been collected;
(4) in 1991, the aggregate child support income deficit was
$5,800,000,000;
(5) as of spring 1992, only 54 percent, or 6,200,000, of
custodial parents received awards of child support, and of
the 6,200,000 custodial parents awarded child support,
5,300,000 were supposed to receive child support payments in
1991;
(6) of the custodial parents described in paragraph (5),
approximately \1/2\ of the parents due child support received
full payment and the remaining \1/2\ were divided equally
between those receiving partial payment (24 percent) and
those receiving nothing (25 percent);
(7) as a result of the situation described in paragraphs
(5) and (6), increasing numbers of families are turning to
the child support program established under part D of title
IV of the Social Security Act (42 U.S.C. 651 et seq.) for
assistance, accounting for an over 40 percent increase in the
caseload under that program during the 1991 to 1995 period;
(8) during the 1991 to 1995 period, the percentage of cases
under the title IV-D child support program in which a
collection was made declined from 19.3 percent to 18.9
percent;
(9) the Internal Revenue Service has improved its
performance in making collections in cases referred to it by
the title IV-D child support program, moving from
successfully intercepting Federal income tax refunds in
992,000 cases in 1992 to successfully intercepting Federal
income tax refunds in 1,200,000 cases in 1996;
(10) in cases under the title IV-D child support program in
which a collection is made, approximately \1/3\ of such cases
are cases where some or all of the collection is a result of
a Federal tax refund intercept;
(11) in 1995, the average amount collected for families in
which the Internal Revenue Service made a collection through
the Federal tax refund intercept method was $827 for families
receiving Aid to Families with Dependent Children and $847
for other families; and
(12) State-by-State child support guidelines have resulted
in orders that vary significantly from State to State,
resulting in low awards and inequities for children.
(b) Purpose.--It is the purpose of this Act to--
(1) provide for the review of various State child support
guidelines to determine how custodial parents and children
are served by such guidelines;
(2) increase the economic security of children, improve the
enforcement of child support awards through a more
centralized, efficient system; and
(3) improve the enforcement of child support orders by
placing responsibility for enforcement in the Internal
Revenue Service.
TITLE I--NATIONAL CHILD SUPPORT GUIDELINES COMMISSION
SEC. 101. NATIONAL CHILD SUPPORT GUIDELINES COMMISSION.
(a) Establishment.--There is hereby established a
commission to be known as the ``National Child Support
Guidelines Commission'' (in this section referred to as the
``Commission'').
(b) General Duties.--The Commission shall study and
evaluate the various child support guidelines currently in
use by the States, identify the benefits and deficiencies of
such guidelines in providing adequate support for children,
and recommend any needed improvements.
(c) Matters for Consideration by the Commission.--In making
the recommendations concerning guidelines required under
subsection (b), the Commission shall consider--
(1) matters generally applicable to all support orders,
including--
(A) the relationship between the guideline amounts and the
actual costs of raising children; and
(B) how to define income and under what circumstances
income should be imputed;
(2) the appropriate treatment of cases in which either or
both parents have financial obligations to more than 1
family, including the effect (if any) to be given to--
(A) the income of either parent's spouse; and
(B) the financial responsibilities of either parent for
other children or stepchildren;
(3) the appropriate treatment of expenses for child care
(including care of the children of either parent, and work-
related or job-training-related child care);
(4) the appropriate treatment of expenses for health care
(including uninsured health care) and other extraordinary
expenses for children with special needs;
(5) the appropriate duration of support by 1 or both
parents, including
(A) support (including shared support) for post-secondary
or vocational education; and
(B) support for disabled adult children;
(6) procedures to automatically adjust child support orders
periodically to address changed economic circumstances,
including changes in the consumer price index or either
parent's income and expenses in particular cases; and
(7) whether, or to what extent, support levels should be
adjusted in cases in which custody is shared or in which the
noncustodial parent has extended visitation rights.
(d) Membership.--
(1) Number; appointment.--
(A) In general.--The Commission shall be composed of 12
individuals appointed jointly by the Secretary of Health and
Human Services and the Congress, not later than January 15,
1998, of which--
(i) 2 shall be appointed by the Chairman of the Committee
on Finance of the Senate, and 1 shall be appointed by the
ranking minority member of the Committee;
(ii) 2 shall be appointed by the Chairman of the Committee
on Ways and Means of the House of Representatives, and 1
shall be appointed by the ranking minority member of the
Committee; and
(iii) 6 shall be appointed by the Secretary of Health and
Human Services.
(B) Qualifications of members.--Members of the Commission
shall have expertise and experience in the evaluation and
development of child support guidelines. At least 1 member
shall represent advocacy groups for custodial parents, at
least 1 member shall represent advocacy groups for
noncustodial parents, and at least 1 member shall be the
director of a State program under part D of title IV of the
Social Security Act.
(2) Terms of office.--Each member shall be appointed for a
term of 2 years. A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(e) Commission Powers, Compensation, Access to Information,
and Supervision.--The first sentence of subparagraph (C), the
first and third sentences of subparagraph (D), subparagraph
(F) (except with respect to the conduct of medical studies),
clauses (ii) and (iii) of subparagraph (G), and subparagraph
(H) of section 1886(e)(6) of the Social Security Act shall
apply to the Commission in the same manner in which such
provisions apply to the Prospective Payment Assessment
Commission.
(f) Report.--Not later than 2 years after the appointment
of members, the Commission shall submit to the President, the
Committee on Ways and Means of the House of Representatives,
and the Committee on Finance of the Senate, a final
assessment of how States, through various child support
guideline models, are serving custodial parents and children.
(g) Termination.--The Commission shall terminate 6 months
after the submission of the report described in subsection
(e).
TITLE II--CENTRALIZED CHILD SUPPORT ENFORCEMENT
SEC. 201. ESTABLISHMENT OF THE OFFICE OF THE ASSISTANT
COMMISSIONER FOR CENTRALIZED CHILD SUPPORT
ENFORCEMENT.
(a) In General.--For purposes of locating absent parents
and facilitating the enforcement of child support
obligations, the Secretary of the Treasury shall establish
within the Internal Revenue Service an Office of the
Assistant Commissioner for Centralized Child Support
Enforcement which shall establish not later than October 1,
1997, a Division of Enforcement for the purpose of carrying
out the duties described in section 203.
(b) Coordination.--The Secretary of the Treasury, in
consultation with the Secretary of Health and Human Services
shall issue regulations for the coordination of activities
among the Office of the Assistant Commissioner for
Centralized Child Support Enforcement, the Assistant
Secretary for Children and Families, and the States, to
facilitate the purposes of this title.
SEC. 202. USE OF FEDERAL CASE REGISTRY OF CHILD SUPPORT
ORDERS AND NATIONAL DIRECTORY OF NEW HIRES.
Section 453(j)(2) of the Social Security Act (42 U.S.C.
653(j)(2)) is amended to read as follows:
``(2) Information comparisons.--
``(A) In general.--For the purpose of locating individuals
in a paternity establishment case or a case involving the
establishment, modification, or enforcement of a support
order, the Secretary shall--
``(i) compare information in the National Directory of New
Hires against information in the support case abstracts in
the Federal Case Registry of Child Support Orders not less
often than every 2 business days; and
``(ii) within 2 business days after such a comparison
reveals a match with respect to an individual, report the
information to the Division of Enforcement for centralized
enforcement.
``(B) Cases referred to division of enforcement.--If a case
is referred to the Division of Enforcement by the Secretary
under subparagraph (A)(ii), the Division of Enforcement
shall--
``(i) notify the custodial and noncustodial parents of such
referral,
``(ii) direct the employer to remit all child support
payments to the Internal Revenue Service;
``(iii) receive all child support payments made pursuant to
the case;
``(iv) record such payments; and
``(v) promptly disburse the funds--
``(I) if there is an assignment of rights under section
408(a)(3), in accordance with section 457, and
``(II) in all other cases, to the custodial parent.''.
[[Page S8189]]
SEC. 203. DIVISION OF ENFORCEMENT.
(a) In General.--With respect to the Division of
Enforcement, the duties described in this section are as
follows:
(1) Enforce all child support orders referred to the
Division of Enforcement--
(A) under section 453(j)(2)(A)(ii) of the Social Security
Act (42 U.S.C. 653(j)(2)(A)(ii));
(B) by the State in accordance with section 454(35) of such
Act (42 U.S.C. 654(35)); and
(C) under section 452(b) of such Act (42 U.S.C. 652(b)).
(2) Enforce a child support order in accordance with the
terms of the abstract contained in the Federal Case Registry
of Child Support Orders or the modified terms of such an
order upon notification of such modifications by the
Secretary of Health and Human Services.
(3) Enforce medical support provisions of any child support
order using any means available under State or Federal law.
(4) Receive and process requests for a Federal income tax
refund intercept made in accordance with section 464 of the
Social Security Act (42 U.S.C. 664).
(b) Failure To Pay Amount Owing.--With respect to any child
support order being enforced by the Division of Enforcement,
if an individual fails to pay the full amount required to be
paid on or before the due date for such payment, the Office
of the Assistant Commissioner for Centralized Child Support
Enforcement, through the Division of Enforcement, may assess
and collect the unpaid amount in the same manner, with the
same powers, and subject to the same limitations applicable
to a tax imposed by subtitle C of the Internal Revenue Code
of 1986 the collection of which would be jeopardized by
delay.
(c) Use of Federal Courts.--The Office of the Assistant
Commissioner for Centralized Child Support Enforcement,
through the Division of Enforcement, may utilize the courts
of the United States to enforce child support orders against
absent parents upon a finding that--
(1) the order is being enforced by the Division of
Enforcement; and
(2) utilization of such courts is a reasonable method of
enforcing the child support order.
(d) Conforming Amendments.--
(1) Section 452(a)(8) (42 U.S.C. 652(a)(8)) is repealed.
(2) Section 452(c) (42 U.S.C. 652(c)) is repealed.
SEC. 204. STATE PLAN REQUIREMENTS.
(a) In General.--Section 454 of the Social Security Act (42
U.S.C. 654) is amended by striking ``and'' at the end of
paragraph (32), by striking the period at the end of
paragraph (33) and inserting ``; and'', and by inserting
after paragraph (33) the following new paragraph:
``(34) provide that the State will cooperate with the
Office of the Assistant Commissioner for Centralized Child
Support Enforcement to facilitate the exchange of information
regarding child support cases and the enforcement of orders
by the Commissioner.''.
(b) Conforming Amendment.--Section 455(b) of the Social
Security Act (42 U.S.C. 655(b)) is amended by striking
``454(34)'' and inserting ``454(33)''.
SEC. 205. DEFINITIONS.
Any term used in this title which is also used in part D of
title IV of the Social Security Act (42 U.S.C. 651 et seq.)
shall have the meaning given such term by such part.
TITLE III--EFFECTIVE DATES
SEC. 301. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this Act
or subsection (b), the amendments made by this Act take
effect on the date of enactment of this Act.
(b) Special Rule.--In the case of a State that the
Secretary of Health and Human Services determines requires
State legislation (other than legislation appropriating
funds) in order to meet the additional requirements imposed
by the amendments made by this Act, the State shall not be
regarded as failing to comply with the requirements of such
amendments before the first day of the first calendar quarter
beginning after the close of the first regular session of the
State legislature that begins after the date of enactment of
this Act. For purposes of this subsection, in the case of a
State that has a 2-year legislative session, each year of the
session shall be treated as a separate regular session of the
State legislature.
____
S. 1075
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 ``Child Support Assurance Act
of 1997''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Increasingly, children are raised in families with only
1 parent present, usually the mother, and these single-parent
families are 5 times as likely to be poor as 2-parent
families.
(2) The failure of noncustodial parents to pay their fair
share of child support is a significant contributor to
poverty among single-parent families.
(3) In 1990, there was a $33,700,000,000 gap between the
amount of child support that was received and the amount that
could have been collected.
(4) In 1991, the aggregate child support income deficit was
$5,800,000,000.
(5) As of spring 1992, only 54 percent, or 6,200,000, of
custodial parents received awards of child support. Of the
6,200,000 custodial parents awarded child support, 5,300,000
were supposed to receive child support payments in 1991.
Approximately \1/2\ of the parents due child support received
full payment; the remaining \1/2\ were divided equally
between those receiving partial payment (24 percent) and
those receiving nothing (25 percent).
(6) Custodial parents who are poor are much more likely to
receive no child support. Of the 3,700,000 custodial parents
who were poor in 1991, over \3/4\ received no child support.
Only 34 percent of poor custodial parents had child support
awards and were supposed to receive child support payments in
1991. Of those parents, only 40 percent received full
payment, 29 percent received partial payment, and 32 percent
received nothing.
(7) The percentage of poor women who were awarded child
support in 1991, 39 percent, was significantly lower than the
65 percent award rate for nonpoor women.
(8) Families fare better with child support than without
that support. In 1991, 43 percent of custodial parents who
did not have child support orders were poor.
(9) In 1991, the average total money income of custodial
parents receiving child support due was 21 percent higher
than that received by parents who did not receive child
support due and was 45 percent higher than that received by
custodial parents with no child support award at all.
(b) Purposes.--The purposes of this Act are to enable
participating States to establish child support assurance
systems in order to improve the economic circumstances of
children who do not receive a minimum level of child support
in a given month from the noncustodial parents of such
children, to strengthen the establishment and enforcement of
child support awards, and to promote work by custodial and
noncustodial parents.
SEC. 3. DEFINITIONS.
In this Act:
(1) Child.--The term ``child'' means an individual who is
of such an age, disability, or educational status as to be
eligible for child support as provided for by law.
(2) Eligible child.--The term ``eligible child'' means a
child--
(A) who is not currently receiving cash assistance under
the State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.);
(B) who meets the eligibility requirements established by
the State for participation in a project administered under
this section; and
(C) who is the subject of a support order, as defined in
section 453(p) of the Social Security Act (42 U.S.C. 653(p)),
or for which good cause exists, as determined by the
appropriate State agency under section 454(29)(A) of such Act
(42 U.S.C. 654(29)(A)), for not having or pursuing a support
order.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 4. ESTABLISHMENT OF CHILD SUPPORT ASSURANCE
DEMONSTRATION PROJECTS.
(a) Demonstrations Authorized.--The Secretary shall make
grants to not less than 3 and not more than 5 States to
conduct demonstration projects for the purpose of
establishing or improving a system of an assured minimum
child support payment to an eligible child in accordance with
this section.
(b) Application and Selection.--
(1) Application requirements.--An application for a grant
under this section shall be submitted by the Chief Executive
Officer of a State and shall--
(A) contain a description of the proposed child support
assurance project to be established, implemented, or improved
using amounts provided under this section, including the
level of the assured minimum child support payment to be
provided and the agencies that will be involved;
(B) specify whether the project will be carried out
throughout the State or in limited areas of the State;
(C) specify the level of income, if any, at which a
recipient or applicant will be ineligible for an assured
minimum child support payment under the project;
(D) estimate the number of children who will be eligible
for assured minimum child support payments under the project;
(E) contain a description of the work requirements, if any,
for noncustodial parents whose children are participating in
the project;
(F) contain a commitment by the State to carry out the
project during a period of not less than 3 and not more than
5 consecutive fiscal years beginning with fiscal year 1998;
and
(G) contain such other information as the Secretary may
require by regulation.
(2) Selection criteria.--The Secretary shall consider
geographic diversity in the selection of States to conduct a
demonstration project under this section, and any other
criteria that the Secretary determines will contribute to the
achievement of the purposes of this Act.
(c) Use of Funds.--A State shall use amounts provided under
a grant awarded under this section to carry out a child
support assurance project that is designed to provide a
minimum monthly child support payment for each eligible child
participating
[[Page S8190]]
in the project to the extent that such minimum child support
is not paid in a month by the noncustodial parent.
(d) Treatment of Child Support Payment.--Any assured
minimum child support payment received by an individual under
this Act shall be considered child support for purposes of
determining the treatment of such payment under--
(1) the Internal Revenue Code of 1986; and
(2) any eligibility requirements for any means-tested
program of assistance.
(e) Duration.--A demonstration project conducted under this
section shall commence on October 1, 1997, and shall be
conducted for not less than 3 and not more than 5 consecutive
fiscal years, except that the Secretary may terminate a
project before the end of such period if the Secretary
determines that the State conducting the project is not in
compliance with the terms of the application approved by the
Secretary under this section.
(f) Evaluations and Reports.--
(1) State evaluations.--
(A) In general.--Each State administering a demonstration
project under this section shall--
(i) provide for evaluation of the project, meeting such
conditions and standards as the Secretary may require; and
(ii) submit to the Secretary reports, at the times and in
the formats as the Secretary may require, and containing any
information (in addition to the information required under
subparagraph (B)) as the Secretary may require.
(B) Required information.--A report submitted under
subparagraph (A)(ii) shall include information on and
analysis of the effect of the project with respect to--
(i) the amount of child support collected for project
recipients;
(ii) the economic circumstances and work efforts of
custodial parents;
(iii) the work efforts of noncustodial parents;
(iv) the rate of compliance by noncustodial parents with
support orders;
(v) project recipients' need for assistance under means-
tested assistance programs other than the project
administered under this section; and
(vi) any other matters that the Secretary may specify.
(C) Methodology.--Information required under this paragraph
shall be collected through the use of scientifically
acceptable sampling methods.
(2) Reports to congress.--The Secretary shall, on the basis
of reports received from States administering projects under
this section, submit interim reports, and, not later than 6
months after the conclusion of all projects administered
under this section, a final report to Congress. A report
submitted under this paragraph shall contain an assessment of
the effectiveness of the State projects administered under
this section and any recommendations for legislative action
that the Secretary considers appropriate.
(g) Funding Limits; Pro Rata Reductions of State
Matching.--
(1) Funds available.--There shall be available to the
Secretary, from amounts made available to carry out part D of
title IV of the Social Security Act, for purposes of carrying
out demonstration projects under this section, amounts not to
exceed--
(A) $27,000,000 for fiscal year 1998;
(B) $55,000,000 for fiscal year 1999; and
(C) $70,000,000 for each of fiscal years 2000 through 2003.
(2) Pro rata reductions.--The Secretary shall make pro rata
reductions in the amounts otherwise payable to States under
this section as necessary to comply with the funding
limitation specified in paragraph (1).
SEC. 5. MANDATORY REVIEW AND ADJUSTMENT OF CHILD SUPPORT
ORDERS FOR TANF RECIPIENTS.
Section 466(a)(10) of the Social Security Act (42 U.S.C.
666(a)(10)) is amended--
(1) in subparagraph (A)(i), by striking ``or, if there is
an assignment under part A, upon the request of the State
agency under the State plan or of either parent,''; and
(2) by adding at the end the following:
``(D) Mandatory 3-year review for part a assignments.--
Procedures under which the State shall conduct the review
under subparagraph (A) and make any appropriate adjustments
under such subparagraph not less than every 3 years in the
case of an assignment under part A.''.
______
By Mr. MACK (for himself, Mr. Graham, and Mr. Kennedy) (by
request):
S. 1076. A bill to provide relief to certain aliens who would
otherwise be subject to removal from the United States; to the
Committee on the Judiciary.
the immigration reform transition act of 1997
Mr. MACK. Mr. President, today I join my friends Senator Graham and
Senator Kennedy in introducing a bill which would ease the transition
into implementation of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 [IIRAIRA] for certain Central American
immigrants. This legislation, which has been requested by President
Clinton, is designed to ensure that those immigrants who were in the
administrative pipeline at the time IIRAIRA took effect will have their
cases decided under the set of rules in place before enactment of
IIRAIRA. This legislation will by no means grant amnesty to anyone; it
will ensure that each individual will have their application for
suspension of deportation given full and fair consideration.
This legislation is a matter of freedom, justice, human rights and
fundamental fairness. During consideration of IIRAIRA, I maintained
that those immigrants who were already in this country should not have
the rules changed on them midstream. Many Central American immigrants
have planted deep roots in the United States and are valued members of
their communities. They should be free from the fear of deportation
without a full consideration of their request for suspension of that
deportation under the set of rules in place at the time that they
applied.
Ten years ago, in the mountains of Nicaragua, I spoke to thousands of
young men who were fighting for freedom. I told them then that we would
not forget them, and I tell them now that we will not forget them.
I urge the Senate's expedient consideration and passage of this
legislation.
Mr. GRAHAM. Mr. President, today I am honored to join my colleague
and friend Senator Connie Mack in introducing the Immigration Reform
Transition Act of 1997.
This is a bipartisan, humane solution to concerns that were raised by
the Illegal Immigration Reform and Immigrant Responsibility Act of
1996.
Thousands of families, hard-working, law-abiding, taxpaying
individuals who had followed every rule and regulation up to the
passage of the immigration bill last year now live in fear of
deportation.
Working together, and working swiftly, Congress has the opportunity
to correct this injustice.
The families that we are helping came to our Nation in the 1980's.
Our own Government encouraged them to flee the Communist regimes and
civil unrest of Central America at that time.
Our Nation's foreign policy gave them a safe haven; our Immigration
Service allowed for their work authorization and they settled in to our
American society.
Ten or fifteen years later, these families have homes here. They have
U.S. citizen children. They have jobs; they pay taxes, and they make
tremendous contributions to our local communities.
The Illegal Immigration and Immigrant Responsibility Act of 1996
severely restricted the avenues of relief that were traditionally
available to aliens who have resided in the United States on a long-
term basis.
Then, on February 20 of this year, the Board of Immigration Appeals
interpreted a section of the immigration bill as applying, in all
essence, retroactively.
Forty thousand Nicaraguans in Miami alone who, under the old law,
would have qualified for suspension of deportation, would now be
deportable because of Board's decision.
Families would be torn apart. Close-knit communities would evaporate.
Businesses would suffer. In my heart, I don't believe this was the
intent of Congress when the immigration bill was passed last year.
Janet Reno made an important step toward fairness and justice on July
11, when she agreed to review the Board of Immigration Appeal's
decision. I supported her action, and appreciate her help in finding a
humane and reasonable solution to these concerns.
In her July 11 press release, the Attorney General informed Congress
that legislative action would be necessary to fully resolve this
specific issue.
I am pleased to work with her, and my Senate colleagues, today to
take the first step in accomplishing our legislative goal.
This legislation is crafted very narrowly. It recognizes the special
circumstances in which Nicaraguans, and other Central Americans, came
to the United States during a specific period of time--when they were
fleeing the unrest created by the Communist governments of the era.
It allows this specific group of individuals and families to complete
the process that they may have started 10 or 15 years ago--and
importantly--to complete the process under the same set of rules that
they started with.
[[Page S8191]]
Critics may say that we are undoing the immigration bill of last
year. We are not. The 4000-per-year cap on suspensions of deportation
is still intact, we are just not applying it to this specific group of
individuals.
The stronger standards to qualify or suspension of deportation still
remain current law. We are just allowing this group to go through the
process without changing the rules in midstream.
Also important: this is not an amnesty bill. Each request will be
decided on a case by case basis. If someone has been of bad moral
character, they will not qualify. If someone has not been here the
required amount of time, they will not qualify.
We are saying that those who played by the rules will have a fair
opportunity to have their case heard by an immigration judge.
I welcome comments from the broader community on this legislation,
and look forward to the opportunity to work with the Senate Judiciary
Committee and Immigration Subcommittee to ensure its future success.
I ask my Senate colleagues to join with me today in this bipartisan
effort to ensure fairness to hard working families.
Mr. KENNEDY. Mr. President, it is a privilege to join Senator Mack
and Senator Graham in introducing the Immigration Reform Transition Act
of 1997 proposed by President Clinton.
Without this legislation, thousands of Central American refugee
families who fled death squads and persecution in their native lands
would be forced to return. Republican and Democratic administrations
alike promised them repeatedly that they will get their day in court to
make their claims before an immigration judge to remain in the United
States.
But last year's immigration law turned its back on that commitment
and closed the door on these families. This legislation reinstates the
promise and guarantees these families the day in court they deserve.
Virtually all of these families fled to the United States in the
1980's from El Salvador, Nicaragua, or Guatemala. Many were targeted by
death squads and faced persecution at the hands of rogue militias. They
came to America to seek safe haven and freedom for themselves and their
children.
The Reagan administration, the Bush administration, and the Clinton
administration assured them that they could apply to remain permanently
in the United States under our immigration laws. If they have lived
here for at least 7 years and are of good moral character, and if a
return to Central America will be an unusual hardship, they are allowed
to remain.
Last year's immigration law eliminated this opportunity for these
families by changing the standard for humanitarian relief.
President Clinton has promised to find a fair and reasonable solution
for these families, and the administration will use its authority to
help as many of them as possible. But Congress must do its part too, by
enacting this corrective legislation.
These families are law-abiding, taxpaying members of communities in
all parts of America. Their children have grown up here. In fact, many
of their children were born here and are U.S. citizens by birth. They
deserve this chance.
Mr. President, it is my hope not only that we can move on this
legislation--and move quickly--but also that certain issues can be
addressed as the Senate considers it. In particular, I believe that the
limitations on judicial review contained in the administration's bill
are both unnecessary and unwise. There are already substantial
limitations on judicial review contained in last year's immigration law
that would also apply in this instance. We should not add to them in
this legislation. Instead, we should ensure that, if mistakes are made,
the courts can correct them.
Again, I commend the administration for this important initiative and
am pleased to join Senator Mack and Senator Graham in cosponsoring the
legislation.
______
By Mr. McCAIN (for himself and Mr. Inouye):
S. 1077. A bill to amend the Indian Gaming Regulatory Act, and for
other purposes; to the Committee on Indian Affairs.
the indian gaming regulatory act amendments act of 1997
Mr. McCAIN. Mr. President, I am pleased to be joined today by Senator
Inouye, is sponsoring the Indian Gaming Regulatory Act Amendments Act
of 1997. I want to associate myself with Senator Inouye's, remarks
regarding this legislation and the issue of Indian gaming. I commend
Senator Inouye for his outstanding leadership over the years on this
complex issue. This legislation is intended to stimulate discussion in
the Congress and among the tribes on this important issue.
The bill I am introducing today would provide for a major overhaul of
the Indian Gaming Regulatory Act of 1988. It will provide for minimum
Federal standards in the regulation and licensing of class II and class
III gaming as well as all of the contractors, suppliers, and industries
associated with such gaming. This will be accomplished through the
Federal Indian Gaming Regulator Commission which will be funded through
assessments on Indian gaming revenues and fees imposed on license
applicants. The bill also provides a new process for the negotiation of
class III compacts which authorizes the Secretary of the Interior to
negotiate compacts with Indian tribes in those instances where a State
chooses not to participate in compact negotiations or where an Indian
tribe and a State cannot reach an agreement on a compact. This process
is consistent with recent Federal court decisions.
In addition, the bill is consistent with the 1987 decision of the
U.S. Supreme Court in the case of California versus Cabazon Band of
Mission Indians in that it neither expands nor further restricts the
scope of Indian gaming. The laws of each State would continue to be the
basis for determining what gaming activities may be available to an
Indian tribe located in that State.
Since the enactment of the Indian Gaming Regulatory Act in 1988,
there has been a dramatic increase in the amount of gaming activity
among the Indian tribes. Indian gaming is now estimated to yield gross
revenues of about $6 billion per year and net revenues are estimated at
$750 million. There are about 160 class II bingo and card games in
operation and over 145 tribal/State compacts governing class III gaming
in 2 States. Indian gaming comprises about 3 percent of all gaming in
the United States. Gaming activities operated by State governments
comprises about 36 percent of all gaming, and the private sector
accounts for the balance of the gaming activity in the Nation.
Indian gaming has become the largest source of economic activity for
some Indian tribes. Annual revenues derived from Indian agricultural
resources have been estimated at $550 million and have historically
been the leading source of income for Indian tribes and individuals.
Annual revenues from oil, gas, and minerals are about $230 million and
Indian forestry revenue are estimated at $61 million. Gaming revenues
now equal or exceed all of the revenues derived from Indian natural
resources. In addition, Indian gaming has generated tens of thousands
of new jobs for Indians and non-Indians. On many reservations, gaming
has meant the end of unemployment rates of 90 to 100 percent and the
beginning of an era of full employment.
Under the Indian Gaming Regulatory Act of 1988, Indian tribes are
required to expend the profits from gaming activities to fund tribal
government operations or programs and to promote tribal economic
development. Profits may only be distributed directly to the members of
an Indian tribe under a plan which has been approved by the Secretary
of the Interior. Only a few such plans have been approved. Virtually
all of the proceeds from Indian gaming activities are used to fund the
social services, education, and health needs of the Indian tribes.
Schools, health facilities, roads and other vital infrastructure are
being built by the Indian tribes with the proceeds from Indian gaming.
In the years before enactment of the 1988 act, and even since its
enactment, we have heard concerns about the possibility of organized
criminal elements penetrating Indian gaming. Both the Department of
Justice and the FBI have repeatedly testified before the Committee on
Indian Affairs and have indicated that there is not any substantial
criminal activity of any kind
[[Page S8192]]
associated with Indian gaming. Some of our colleagues have suggested
that no one would know if there is criminal activity because not enough
people are looking for it. I believe that this point of view overlooks
the fact the act provides for a very substantial regulatory and law
enforcement role by the States and Indian tribes in class III gaming
and by the Federal Government in class II gaming. The record clearly
shows that in the few instances of known criminal activity in class III
gaming, the Indian tribes have discovered the activity and have sought
Federal assistance in law enforcement.
Nevertheless, the record before the Committee on Indian Affairs also
shows that the absence of minimum Federal standards for the regulation
and licensing of Indian gaming has allowed a void to develop which will
become more and more attractive to criminal elements as Indian gaming
continues to generate increased revenues. The legislation I am
introducing today provides for the development of strict minimum
Federal standards based on the recommendations of Federal, State and
tribal officials. While Indian tribes or States, or both, will continue
to exercise primary regulatory authority, their regulatory standards
must meet or exceed the minimum Federal standards. In the event that
the Federal Indian Gaming Regulatory determines that the minimum
Federal standards are not being met, then the Commission may directly
regulate the gaming activity until such time as Federal standards are
met. In addition, the Commission is vested with authority to issue and
revoke licenses as well as to impose civil fines, close Indian gaming
facilities or seek enforcement of the act through the Federal courts.
One of the areas which has caused the greatest controversy under the
current law relates to what has come to be known as the scope of
gaming. A related issue is the refusal of some States to enter into
negotiations for a class III compact and their assertion of sovereign
immunity under the 11th amendment to the Constitution when an Indian
tribe seeks judicial relief as provided by the act. The bill I am
introducing incorporates the explicit standards of the Cabazon decision
to guide all parties in determining the permissible gaming activities
under the laws of any State. State laws will continue to govern this
issue. I have not proposed the preemption of the gaming laws of any
State. In most States, the issue of scope of gaming has now been
settled through negotiation or litigation. In a few States this issue
remains unresolved, but appears headed toward resolution by the courts.
In the course of our work on the gaming issue in the two previous
Congresses, Senators Campbell, Inouye and I advanced various formal and
informal proposals for Federal legislation to resolve the scope of
gaming issue. In addition, proposals were developed by State and Tribal
officials. However, we were never able to develop a consensus on any
one proposal. While the Committee on Indian Affairs remains open to
suggestions on this issue, it is apparent that obtaining a consensus
may not be possible. This may be an area of the law best left to
resolution through the courts.
Mr. President, I am sure that we may find many ways to improve this
legislation as it moves through the Senate. However, I believe that it
provides a good foundation for our further consideration of this
important issue. This legislation is essentially the same as the bill
that was reported favorably for the Committee on Indian Affairs during
the last Congress by a vote of 14 to 2. I want to emphasize that this
bill is intended to stimulate discussion. I am looking forward to
hearing from all interested parties with regard to their constructive
suggestions for ways to improve the bill and move it forward. I ask
unanimous consent that the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1077
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 ``Indian Gaming Regulatory Act
Amendments Act of 1997''.
SEC. 2. AMENDMENTS TO THE INDIAN GAMING REGULATORY ACT.
The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)
is amended--
(1) by striking the first section and inserting the
following new section:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Indian
Gaming Regulatory Act'.
``(b) Table of Contents.--The table of contents for this
Act is as follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Congressional findings.
``Sec. 3. Purposes.
``Sec. 4. Definitions.
``Sec. 5. Establishment of the Federal Indian Gaming Regulatory
Commission.
``Sec. 6. Powers of the Chairperson.
``Sec. 7. Powers and authority of the Commission.
``Sec. 8. Regulatory framework.
``Sec. 9. Advisory Committee on Minimum Regulatory Requirements and
Licensing Standards.
``Sec. 10. Licensing.
``Sec. 11. Requirements for the conduct of class I and class II gaming
on Indian lands.
``Sec. 12. Class III gaming on Indian lands.
``Sec. 13. Review of contracts.
``Sec. 14. Review of existing contracts; interim authority.
``Sec. 15. Civil penalties.
``Sec. 16. Judicial review.
``Sec. 17. Commission funding.
``Sec. 18. Authorization of appropriations.
``Sec. 19. Application of the Internal Revenue Code of 1986.
``Sec. 20. Gaming on lands acquired after October 17, 1988.
``Sec. 21. Dissemination of information.
``Sec. 22. Severability.
``Sec. 23. Criminal penalties.
``Sec. 24. Conforming amendment.'';
(2) by striking sections 2 and 3 and inserting the
following new sections:
``SEC. 2. CONGRESSIONAL FINDINGS.
``Congress finds that--
``(1) Indian tribes are--
``(A) engaged in the operation of gaming activities on
Indian lands as a means of generating tribal governmental
revenue; and
``(B) licensing the activities described in subparagraph
(A);
``(2) clear Federal standards and regulations for the
conduct of gaming on Indian lands will assist tribal
governments in assuring the integrity of gaming activities
conducted on Indian lands;
``(3) a principal goal of Federal Indian policy is to
promote tribal economic development, tribal self-sufficiency,
and strong Indian tribal governments;
``(4) while Indian tribes have the right to regulate the
operation of gaming activities on Indian lands, if those
gaming activities are--
``(A) not specifically prohibited by Federal law; and
``(B) conducted within a State that as a matter of public
policy permits those gaming activities,
Congress has the authority to regulate the privilege of doing
business with Indian tribes in Indian country (as that term
is defined in section 1151 of title 18, United States Code);
``(5) systems for the regulation of gaming activities on
Indian lands should meet or exceed federally established
minimum regulatory requirements;
``(6) the operation of gaming activities on Indian lands
has had a significant impact on commerce with foreign
nations, among the several States and with the Indian tribes;
and
``(7) the Constitution vests Congress with the powers to
regulate Commerce with foreign nations, and among the several
States, and with the Indian tribes, and this Act is enacted
in the exercise of those powers.
``SEC. 3. PURPOSES.
``The purposes of this Act are--
``(1) to ensure the right of Indian tribes to conduct
gaming activities on Indian lands in a manner consistent with
the decision of the Supreme Court in California et al. v.
Cabazon Band of Mission Indians et al. (480 U.S. 202, 107 S.
Ct. 1083, 94 L. Ed. 2d 244 (1987)), involving the Cabazon and
Morongo bands of Mission Indians;
``(2) to provide a statutory basis for the conduct of
gaming activities on Indian lands as a means of promoting
tribal economic development, tribal self-sufficiency, and
strong Indian tribal governments;
``(3) to provide a statutory basis for the regulation of
gaming activities on Indian lands by an Indian tribe that is
adequate to shield those activities from organized crime and
other corrupting influences, to ensure that an Indian tribal
government is the primary beneficiary of the operation of
gaming activities, and to ensure that gaming is conducted
fairly and honestly by both the operator and players; and
``(4) to declare that the establishment of independent
Federal regulatory authority for the conduct of gaming
activities on Indian lands and the establishment of Federal
minimum regulatory requirements for the conduct of gaming
activities on Indian lands are necessary to protect that
gaming.'';
(3) in section 4--
(A) by redesignating paragraphs (7) and (8) as paragraphs
(6) and (7), respectively;
(B) by striking paragraphs (1) through (6) and inserting
the following new paragraphs:
``(1) Applicant.--The term `applicant' means any person who
applies for a license pursuant to this Act, including any
person who applies for a renewal of a license.
[[Page S8193]]
``(2) Advisory committee.--The term `Advisory Committee'
means the Advisory Committee on Minimum Regulatory
Requirements and Licensing Standards established under
section 9(a).
``(3) Attorney general.--The term `Attorney General' means
the Attorney General of the United States.
``(4) Chairperson.--The term `Chairperson' means the
Chairperson of the Federal Indian Gaming Regulatory
Commission established under section 5.
``(5) Class i gaming.--The term `class I gaming' means
social games played solely for prizes of minimal value or
traditional forms of Indian gaming engaged in by individuals
as a part of, or in connection with, tribal ceremonies or
celebrations.'';
(C) by striking paragraphs (9) and (10); and
(D) by adding after paragraph (7) (as redesignated by
subparagraph (A) of this paragraph) the following new
paragraphs:
``(8) Commission.--The term `Commission' means the Federal
Indian Gaming Regulatory Commission established under section
5.
``(9) Compact.--The term `compact' means an agreement
relating to the operation of class III gaming on Indian lands
that is entered into pursuant to this Act.
``(10) Gaming operation.--The term `gaming operation' means
an entity that conducts class II or class III gaming on
Indian lands.
``(11) Gaming-related contract.--The term `gaming-related
contract' means--
``(A) any agreement for an amount of more than $50,000 per
year under which an Indian tribe or an agent of any Indian
tribe procures gaming materials, supplies, equipment, or
services that are used in the conduct of a class II or class
III gaming activity; or
``(B) any agreement or contract that provides for financing
of an amount more than $50,000 per year for the construction
or rehabilitation of any facility in which a gaming activity
is to be conducted.
``(12) Gaming-related contractor.--The term `gaming-related
contractor' means any person who enters into a gaming-related
contract with an Indian tribe or an agent of an Indian tribe,
including any person with a financial interest in such
contract.
``(13) Gaming service industry.--The term `gaming service
industry' means any form of enterprise that provides goods or
services that are used in conjunction with any class II or
class III gaming activity, in any case in which--
``(A) the proposed agreement between the enterprise and a
class II or class III gaming operation, or the aggregate of
such agreements is for an amount of not less than $100,000
per year; or
``(B) the amount of business conducted by such enterprise
with any such gaming operation in the 1-year period preceding
the effective date of the proposed agreement between the
enterprise and a class II or class III gaming operation was
not less than $250,000.
``(14) Indian lands.--The term `Indian lands' means--
``(A) all lands within the limits of any Indian
reservation; and
``(B) any lands--
``(i) the title to which is held in trust by the United
States for the benefit of any Indian tribe; or
``(ii)(I) the title to which is--
``(aa) held by an Indian tribe subject to a restriction by
the United States against alienation;
``(bb) held in trust by the United States for the benefit
of an individual Indian; or
``(cc) held by an individual subject to restriction by the
United States against alienation; and
``(II) over which an Indian tribe exercises governmental
power.
``(15) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community of Indians that--
``(A) is recognized as eligible by the Secretary for the
special programs and services provided by the United States
to Indians because of their status as Indians; and
``(B) is recognized as possessing powers of self-
government.
``(16) Key employee.--The term `key employee' means any
individual employed in a gaming operation licensed pursuant
to this Act in a supervisory capacity or empowered to make
any discretionary decision with regard to the gaming
operation, including any pit boss, shift boss, credit
executive, cashier supervisor, gaming facility manager or
assistant manager, or manager or supervisor of security
employees.
``(17) Management contract.--The term `management contract'
means any contract or collateral agreement between an Indian
tribe and a contractor, if such contract or agreement
provides for the management of all or part of a gaming
operation.
``(18) Management contractor.--The term `management
contractor' means any person entering into a management
contract with an Indian tribe or an agent of the Indian tribe
for the management of a gaming operation, including any
person with a financial interest in that contract.
``(19) Material control.--The term `material control' means
the exercise of authority or supervision or the power to make
or cause to be made any discretionary decision with regard to
matters which have a substantial effect on the financial or
management aspects of a gaming operation.
``(20) Net revenues.--The term `net revenues' means the
gross revenues of an Indian gaming activity reduced by the
sum of--
``(A) any amounts paid out or paid for as prizes; and
``(B) the total operating expenses associated with the
gaming activity, excluding management fees.
``(21) Person.--The term `person' means an individual,
firm, corporation, association, organization, partnership,
trust, consortium, joint venture, or entity.
``(22) Secretary.--The term `Secretary' means the Secretary
of the Interior.'';
(4) by striking sections 5 through 19 and inserting the
following new sections:
``SEC. 5. ESTABLISHMENT OF THE FEDERAL INDIAN GAMING
REGULATORY COMMISSION.
``(a) Establishment.--There is established as an
independent agency of the United States, a Commission to be
known as the Federal Indian Gaming Regulatory Commission.
Such Commission shall be an independent establishment, as
defined in section 104 of title 5, United States Code.
``(b) Composition of the Commission.--
``(1) In general.--The Commission shall be composed of 3
full-time members, who shall be appointed by the President,
by and with the advice and consent of the Senate.
``(2) Citizenship of members.--Each member of the
Commission shall be a citizen of the United States.
``(3) Requirements for members.--No member of the
Commission may--
``(A) pursue any other business or occupation or hold any
other office;
``(B) be actively engaged in or, other than through
distribution of gaming revenues as a member of an Indian
tribe, have any pecuniary interest in gaming activities;
``(C) other than through distribution of gaming revenues as
a member of an Indian tribe, have any pecuniary interest in
any business or organization that holds a gaming license
under this Act or that does business with any person or
organization licensed under this Act;
``(D) have been convicted of a felony or gaming offense; or
``(E) have any pecuniary interest in, or management
responsibility for, any gaming-related contract or any other
contract approved pursuant to this Act.
``(4) Political affiliation.--Not more than 2 members of
the Commission shall be members of the same political party.
In making appointments to the Commission, the President shall
appoint members of different political parties, to the extent
practicable.
``(5) Additional qualifications.--
``(A) In general.--The Commission shall be composed of the
most qualified individuals available. In making appointments
to the Commission, the President shall give special reference
to the training and experience of individuals in the fields
of corporate finance, accounting, auditing, and investigation
or law enforcement.
``(B) Tribal government experience.--Not less than 2
members of the Commission shall be individuals with extensive
experience or expertise in tribal government.
``(6) Background investigations.--The Attorney General
shall conduct a background investigation concerning any
individual under consideration for appointment to the
Commission, with particular regard to the financial
stability, integrity, responsibility, and reputation for good
character, honesty, and integrity of the nominee.
``(c) Chairperson.--The President shall select a
Chairperson from among the members appointed to the
Commission.
``(d) Vice Chairperson.--The Commission shall select, by
majority vote, 1 of the members of the Commission to serve as
Vice Chairperson. The Vice Chairperson shall--
``(1) serve as Chairperson of the Commission in the absence
of the Chairperson; and
``(2) exercise such other powers as may be delegated by the
Chairperson.
``(e) Terms of Office.--
``(1) In general.--Each member of the Commission shall hold
office for a term of 5 years.
``(2) Initial appointments.--Initial appointments to the
Commission shall be made for the following terms:
``(A) The Chairperson shall be appointed for a term of 5
years.
``(B) One member shall be appointed for a term of 4 years.
``(C) One member shall be appointed for a term of 3 years.
``(3) Limitation.--No member shall serve for more than 2
terms of 5 years each.
``(f) Vacancies.--
``(1) In general.--Each individual appointed by the
President to serve as Chairperson and each member of the
Commission shall, unless removed for cause under paragraph
(2), serve in the capacity for which such individual is
appointed until the expiration of the term of such individual
or until a successor is duly appointed and qualified.
``(2) Removal from office.--The Chairperson or any member
of the Commission may only be removed from office before the
expiration of the term of office by the President for neglect
of duty, malfeasance in office, or for other good cause
shown.
``(3) Term to fill vacancies.--The term of any member
appointed to fill a vacancy on the Commission shall be for
the unexpired term of the member.
``(g) Quorum.--Two members of the Commission shall
constitute a quorum.
``(h) Meetings.--
``(1) In general.--The Commission shall meet at the call of
the Chairperson or a majority of the members of the
Commission.
[[Page S8194]]
``(2) Majority of members determine action.--A majority of
the members of the Commission shall determine any action of
the Commission.
``(i) Compensation.--
``(1) Chairperson.--The Chairperson shall be paid at a rate
equal to that of level IV of the Executive Schedule under
section 5316 of title 5, United States Code.
``(2) Other members.--Each member of the Commission (other
than the Chairperson) shall be paid at a rate equal to that
of level V of the Executive Schedule under section 5316 of
title 5, United States Code.
``(3) Travel.--All members of the Commission shall be
reimbursed in accordance with title 5, United States Code,
for travel, subsistence, and other necessary expenses
incurred by them in the performance of their duties.
``(j) Administrative Support Services.--The Administrator
of General Services shall provide to the Commission on a
reimbursable basis such administrative support services as
the Commission may request.
``SEC. 6. POWERS OF THE CHAIRPERSON.
``(a) Chief Executive Officer.--The Chairperson shall serve
as the chief executive officer of the Commission.
``(b) Administration of the Commission.--
``(1) In general.--Subject to subsection (c), the
Chairperson--
``(A) shall employ and supervise such personnel as the
Chairperson considers to be necessary to carry out the
functions of the Commission, and assign work among such
personnel;
``(B) shall appoint a General Counsel to the Commission,
who shall be paid at the annual rate of basic pay payable for
ES-6 of the Senior Executive Service Schedule under section
5382 of title 5, United States Code;
``(C) shall appoint and supervise other staff of the
Commission without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service;
``(D) may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, but at rates
for individuals not to exceed the daily equivalent of the
maximum annual rate of basic pay payable for ES-6 of the
Senior Executive Service Schedule;
``(E) may request the head of any Federal agency to detail
any personnel of such agency to the Commission to assist the
Commission in carrying out the duties of the Commission under
this Act, unless otherwise prohibited by law;
``(F) shall use and expend Federal funds and funds
collected pursuant to section 17; and
``(G) may contract for the services of such other
professional, technical, and operational personnel and
consultants as may be necessary for the performance of the
Commission's responsibilities under this Act.
``(2) Compensation of staff.--The staff referred to in
paragraph (1)(C) shall be paid without regard to the
provisions of chapter 51 and subchapters III and VIII of
chapter 53 of title 5, United States Code, relating to
classification and General Schedule and Senior Executive
Service Schedule pay rates, except that no individual so
appointed may receive pay in excess of the annual rate of
basic pay payable for ES-5 of the Senior Executive Service
Schedule under section 5382 of title 5, United States Code.
``(c) Applicable Policies.--In carrying out any of the
functions under this section, the Chairperson shall be
governed by the general policies of the Commission and by
such regulatory decisions, findings, and determinations as
the Commission may by law be authorized to make.
``SEC. 7. POWERS AND AUTHORITY OF THE COMMISSION.
``(a) General Powers.--
``(1) In general.--The Commission shall have the power to--
``(A) approve the annual budget of the Commission;
``(B) promulgate regulations to carry out this Act;
``(C) establish a rate of fees and assessments, as provided
in section 17;
``(D) conduct investigations, including background
investigations;
``(E) issue a temporary order closing the operation of
gaming activities;
``(F) after a hearing, make permanent a temporary order
closing the operation of gaming activities, as provided in
section 15;
``(G) grant, deny, limit, condition, restrict, revoke, or
suspend any license issued under any licensing authority
conferred upon the Commission pursuant to this Act or fine
any person licensed pursuant to this Act for violation of any
of the conditions of licensure under this Act;
``(H) inspect and examine all premises in which class II or
class III gaming is conducted on Indian lands;
``(I) demand access to and inspect, examine, photocopy, and
audit all papers, books, and records of class II and class
III gaming activities conducted on Indian lands and any other
matters necessary to carry out the duties of the Commission
under this Act;
``(J) use the United States mails in the same manner and
under the same conditions as any department or agency of the
United States;
``(K) procure supplies, services, and property by contract
in accordance with applicable Federal laws;
``(L) enter into contracts with Federal, State, tribal, and
private entities for activities necessary to the discharge of
the duties of the Commission;
``(M) serve or cause to be served, process or notices of
the Commission in a manner provided for by the Commission or
in a manner provided for the service of process and notice in
civil actions in accordance with the applicable rules of a
tribal, State, or Federal court;
``(N) propound written interrogatories and appoint hearing
examiners, to whom may be delegated the power and authority
to administer oaths, issue subpoenas, propound written
interrogatories, and require testimony under oath;
``(O) conduct all administrative hearings pertaining to
civil violations of this Act (including any civil violation
of a regulation promulgated under this Act);
``(P) collect all fees and assessments authorized by this
Act and the regulations promulgated pursuant to this Act;
``(Q) assess penalties for violations of the provisions of
this Act and the regulations promulgated pursuant to this
Act;
``(R) provide training and technical assistance to Indian
tribes with respect to all aspects of the conduct and
regulation of gaming activities;
``(S) monitor and, as specifically authorized by this Act,
regulate class II and class III gaming;
``(T) establish precertification criteria that apply to
management contractors and other persons having material
control over a gaming operation;
``(U) approve all management and gaming-related contracts;
and
``(V) in addition to the authorities otherwise specified in
this Act, delegate, by published order or rule, any of the
functions of the Commission (including functions with respect
to hearing, determining, ordering, certifying, reporting, or
otherwise acting on the part of the Commission concerning any
work, business, or matter) to a division of the Commission,
an individual member of the Commission, an administrative law
judge, or an employee of the Commission.
``(2) Statutory construction.--Nothing in this section may
be construed to authorize the delegation of the function of
rulemaking, as described in subchapter II of chapter 5 of
title 5, United States Code, with respect to general rules
(as distinguished from rules of particular applicability), or
the promulgation of any other rule.
``(b) Right To Review Delegated Functions.--
``(1) In general.--With respect to the delegation of any of
the functions of the Commission, the Commission shall retain
a discretionary right to review the action of any division of
the Commission, individual member of the Commission,
administrative law judge, or employee of the Commission, upon
the initiative of the Commission.
``(2) Vote needed for review.--The vote of 1 member of the
Commission shall be sufficient to bring an action referred to
in paragraph (1) before the Commission for review, and the
Commission shall ratify, revise, or reject the action under
review not later than the last day of the applicable period
specified in regulations promulgated by the Commission.
``(3) Failure to conduct review.--If the Commission
declines to exercise the right to a review described in
paragraph (1) or fails to exercise that right within the
applicable period specified in regulations promulgated by the
Commission, the action of any such division of the
Commission, individual member of the Commission,
administrative law judge, or employee, shall, for all
purposes, including any appeal or review of such action, be
deemed an action of the Commission.
``(c) Minimum Requirements.--Pursuant to the procedures
described in section 9(d), after receiving recommendations
from the Advisory Committee, the Commission shall establish
minimum Federal standards--
``(1) for 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) for 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.
``(d) Commission Access to Information.--
``(1) In general.--The Commission may secure from any
department or agency of the United States information
necessary to enable the Commission to carry out this Act.
Unless otherwise prohibited by law, upon request of the
Chairperson, the head of such department or agency shall
furnish such information to the Commission.
``(2) Information transfer.--The Commission may secure from
any law enforcement agency or gaming regulatory agency of any
State, Indian tribe, or foreign nation information necessary
to enable the Commission to carry out this Act. Unless
otherwise prohibited by law, upon request of the Chairperson,
the head of any State or tribal law
[[Page S8195]]
enforcement agency shall furnish such information to the
Commission.
``(3) Privileged information.--Notwithstanding sections 552
and 552a of title 5, United States Code, the Commission shall
protect from disclosure information provided by Federal,
State, tribal, or international law enforcement or gaming
regulatory agencies.
``(4) Law enforcement agency.--For purposes of this
subsection, the Commission shall be considered to be a law
enforcement agency.
``(e) Investigations and Actions.--
``(1) In general.--
``(A) Possible violations.--The Commission may, at the
discretion of the Commission, and as specifically authorized
by this Act, conduct such investigations as the Commission
considers necessary to determine whether any person has
violated, is violating, or is conspiring to violate any
provision of this Act (including any rule or regulation
promulgated under this Act). The Commission may require or
permit any person to file with the Commission a statement in
writing, under oath, or otherwise as the Commission may
determine, concerning all relevant facts and circumstances
regarding the matter under investigation by the Commission
pursuant to this subsection.
``(B) Administrative investigations.--The Commission may,
at the discretion of the Commission, and as specifically
authorized by this Act, investigate such facts, conditions,
practices, or matters as the Commission considers necessary
or proper to aid in--
``(i) the enforcement of any provision of this Act;
``(ii) prescribing rules and regulations under this Act; or
``(iii) securing information to serve as a basis for
recommending further legislation concerning the matters to
which this Act relates.
``(2) Administrative authorities.--
``(A) In general.--For the purpose of any investigation or
any other proceeding conducted under this Act, any member of
the Commission or any officer designated by the Commission is
empowered to administer oaths and affirmations, subpoena
witnesses, compel their attendance, take evidence, and
require the production of any books, papers, correspondence,
memoranda, or other records that the Commission considers
relevant or material to the inquiry. The attendance of such
witnesses and the production of any such records may be
required from any place in the United States at any
designated place of hearing.
``(B) Requiring appearances or testimony.--In case of
contumacy by, or refusal to obey any subpoena issued to, any
person, the Commission may invoke the jurisdiction of any
court of the United States within the jurisdiction of which
an investigation or proceeding is carried on, or where such
person resides or carries on business, in requiring the
attendance and testimony of witnesses and the production of
books, papers, correspondence, memoranda, and other records.
``(C) Court orders.--Any court described in subparagraph
(B) may issue an order requiring such person to appear before
the Commission or member of the Commission or officer
designated by the Commission, there to produce records, if so
ordered, or to give testimony touching the matter under
investigation or in question, and any failure to obey such
order of the court may be punished by such court as a
contempt of such court.
``(3) Enforcement.--
``(A) In general.--If the Commission determines that any
person is engaged, has engaged, or is conspiring to engage,
in any act or practice constituting a violation of any
provision of this Act (including any rule or regulation
promulgated under this Act), the Commission may--
``(i) bring an action in the appropriate district court of
the United States or the United States District Court for the
District of Columbia to enjoin such act or practice, and upon
a proper showing, the court shall grant, without bond, a
permanent or temporary injunction or restraining order; or
``(ii) transmit such evidence as may be available
concerning such act or practice as may constitute a violation
of any Federal criminal law to the Attorney General, who may
institute the necessary criminal or civil proceedings.
``(B) Statutory construction.--
``(i) In general.--The authority of the Commission to
conduct investigations and take actions under subparagraph
(A) may not be construed to affect in any way the authority
of any other agency or department of the United States to
carry out statutory responsibilities of such agency or
department.
``(ii) Effect of transmittal by the commission.--The
transmittal by the Commission of evidence pursuant to
subparagraph (A)(ii) may not be construed to constitute a
condition precedent with respect to any action taken by any
department or agency referred to in clause (i).
``(4) Writs, injunctions, and orders.--Upon application of
the Commission, each district court of the United States
shall have jurisdiction to issue writs of mandamus,
injunctions, and orders commanding any person to comply with
the provisions of this Act (including any rule or regulation
promulgated under this Act).
``SEC. 8. REGULATORY FRAMEWORK.
``(a) Class II Gaming.--For class II gaming, Indian tribes
shall retain the exclusive right of those tribes to, if the
exercise of that right is made in a manner that meets or
exceeds minimum Federal standards established by the
Commission pursuant to section 7(c)--
``(1) monitor and regulate such gaming; and
``(2) conduct background investigations and issue licenses
to persons who are required to obtain a license under section
10(a).
``(b) Class III Gaming Conducted Under a Compact.--For
class III gaming conducted under the authority of a compact
entered into pursuant to section 12, an Indian tribe or a
State, or both, as provided in a compact or by tribal
ordinance or resolution, shall, in a manner that meets or
exceeds minimum Federal standards established by the
Commission pursuant to section 7(c)--
``(1) monitor and regulate gaming;
``(2) conduct background investigations and issue licenses
to persons who are required to obtain a license pursuant to
section 10(a); and
``(3) establish and regulate internal control systems.
``(c) Violations of Minimum Federal Standards.--
``(1) Class ii gaming.--
``(A) In general.--In any case in which an Indian tribe
that regulates or conducts class II gaming on Indian lands
substantially fails to meet or enforce minimum Federal
standards for that gaming, after providing the Indian tribe
notice and reasonable opportunity to cure violations and to
be heard, and after the exhaustion of other authorized
remedies and sanctions, the Commission shall have the
authority to conduct background investigations, issue
licenses, and establish and regulate internal control systems
relating to class II gaming conducted by the Indian tribe.
``(B) Exercise of exclusive authority.--The Commission may
excercise exclusive authority in carrying out the activities
specified in subparagraph (A) until such time as the
regulatory and internal control systems of the Indian tribe
meet or exceed the minimum Federal standards concerning
regulatory, licensing, or internal control requirements
established by the Commission for that gaming.
``(2) Class iii gaming.--In any case in which an Indian
tribe or a State (or both) that regulates class III gaming on
Indian lands fails to meet or enforce minimum Federal
standards for class III gaming, after providing notice and
reasonable opportunity to cure violations and be heard, and
after the exhaustion of other authorized remedies and
sanctions, the Commission shall have the authority to conduct
background investigations, issue licenses, and establish and
regulate internal control systems relating to class III
gaming conducted by the Indian tribe. That authority of the
Commission may be exclusive until such time as the regulatory
or internal control systems of the Indian tribe or the State
(or both) meet or exceed the minimum Federal regulatory,
licensing, or internal control requirements established by
the Commission for that gaming.
``SEC. 9. ADVISORY COMMITTEE ON MINIMUM REGULATORY
REQUIREMENTS AND LICENSING STANDARDS.
``(a) Establishment.--The President shall establish an
advisory committee to be known as the `Advisory Committee on
Minimum Regulatory Requirements and Licensing Standards'.
``(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 enactment of the Indian
Gaming Regulatory Act Amendments Act of 1997, 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
Subcommittee on Native American and Insular Affairs of the
Committee on Resources of the House of Representatives, shall
be members of, and represent, Indian tribal governments
involved in gaming covered under this 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
this Act, and shall have experience as State gaming
regulators; and
``(C) 2 members shall each be an employee 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
relating to background investigations, internal control
systems, and licensing standards (as described in section
7(c)).
``(2) Recipients of recommendations.--The Advisory
Committee shall submit the recommendations described in
paragraph (1) to the Committee on Indian Affairs of the
Senate, the Subcommittee on Native American and Insular
Affairs of the Committee on Resources of the House of
Representatives,
[[Page S8196]]
the Commission, and to each federally recognized Indian
tribe.
``(3) Factors for consideration.--The minimum Federal
standards recommended or established pursuant to this section
may be developed taking into account for industry standards
existing at the time of the development of the standards. The
Advisory Committee, and the Commission in promulgating
standards pursuant to subsection (d), shall, in addition to
considering any other factor that the Commission considers to
be appropriate, consider--
``(A) the unique nature of tribal gaming as compared to
non-Indian commercial, governmental, and charitable gaming;
``(B) the broad variations in the scope and size of tribal
gaming activity;
``(C) the inherent sovereign right of Indian tribes to
regulate their own affairs; and
``(D) the findings and purposes set forth in sections 2 and
3.
``(d) Regulations.--Upon receipt of the recommendations of
the Advisory Committee, the Commission shall hold public
hearings on the recommendations. After the conclusion of the
hearings, the Commission shall promulgate regulations
establishing minimum Federal regulatory requirements and
licensing standards.
``(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 cease to
exist on the date that is 10 days after the date on which 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. 10. LICENSING.
``(a) In General.--A license issued under this Act shall be
required of--
``(1) a gaming operation;
``(2) a key employee of a gaming operation;
``(3) a management contractor or gaming-related contractor;
``(4) a gaming service industry; or
``(5) a person who has material control, either directly or
indirectly, over a licensed gaming operation.
``(b) Certain Licenses for Management Contractors and
Gaming Operations.--Notwithstanding any other provision of
law relating to licenses issued by an Indian tribe or a State
(or both) pursuant to this Act, the Commission may require
licenses of--
``(1) management contractors; and
``(2) gaming operations.
``(c) Gaming Operation License.--
``(1) In general.--No gaming operation shall operate unless
all required licenses and approvals for the gaming operation
have been obtained in accordance with this Act.
``(2) Written agreements.--
``(A) Filing.--Prior to the operation of any gaming
facility or activity, each management contract for the gaming
operation shall be in writing and filed with the Commission
pursuant to section 13.
``(B) Express approval required.--No management contract
referred to in subparagraph (A) shall be effective unless the
Commission expressly approves the management contract.
``(C) Requirement of additional provisions.--The Commission
may require that a management contract referred to in
subparagraph (A) include any provisions that are reasonably
necessary to meet the requirements of this Act.
``(D) Ineligibility or exemption.--The Commission may, with
respect to an applicant who does not have the ability to
exercise any significant control over a licensed gaming
operation--
``(i) determine that applicant to be ineligible to hold a
license; or
``(ii) exempt that applicant from being required to hold a
license.
``(d) Denial of License.--The Commission, in the exercise
of the specific licensure power conferred upon the Commission
by this Act, shall deny a license to any applicant who is
disqualified on the basis of a failure to meet any of the
minimum Federal standards promulgated by the Commission
pursuant to section 7(c).
``(e) Application for License.--
``(1) In general.--Upon the filing of the materials
specified in paragraph (2), the Commission shall conduct an
investigation into the qualifications of an applicant. The
Commission may conduct a nonpublic hearing on such
investigation concerning the qualifications of the applicant
in accordance with regulations promulgated by the Commission.
``(2) Filing of materials.--The Commission shall carry out
paragraph (1) upon the filing of--
``(A) an application for a license that the Commission is
specifically authorized to issue pursuant to this Act; and
``(B) such supplemental information as the Commission may
require.
``(3) Timing of hearings and investigations and final
action.--
``(A) Deadline for hearings and investigations.--Not later
than 90 days after receiving the materials described in
paragraph (2), the Commission shall complete the
investigation described in paragraph (1) and any hearings
associated with the investigation conducted pursuant to that
paragraph.
``(B) Deadline for final action.--Not later than 10 days
after the date specified in subparagraph (A), the Commission
shall take final action to grant or deny a license to the
applicant.
``(4) Denials.--
``(A) In general.--The Commission may disapprove an
application submitted to the Commission under this section
and deny a license to the applicant.
``(B) Order of denial.--If the Commission denies a license
to an applicant under subparagraph (A), the Commission shall
prepare an order denying such license. In addition, if an
applicant requests a statement of the reasons for the denial,
the Commission shall prepare such statement and provide the
statement to the applicant. The statement shall include
specific findings of fact.
``(5) Issuance of licenses.--If the Commission is satisfied
that an applicant is qualified to receive a license, the
Commission shall issue a license to the applicant upon tender
of--
``(A) all license fees and assessments as required by this
Act (including any rule or regulation promulgated under this
Act); and
``(B) such bonds as the Commission may require for the
faithful performance of all requirements imposed by this Act
(including any rule or regulation promulgated under this
Act).
``(6) Bonds.--
``(A) Amounts.--The Commission shall, by rules of uniform
application, fix the amount of each bond that the Commission
requires under this section in such amount as the Commission
considers appropriate.
``(B) Use of bonds.--The bonds furnished to the Commission
under this paragraph may be applied by the Commission to the
payment of any unpaid liability of the licensee under this
Act.
``(C) Terms.--Each bond required in accordance with this
section shall be furnished--
``(i) in cash or negotiable securities;
``(ii) by a surety bond guaranteed by a satisfactory
guarantor; or
``(iii) by an irrevocable letter of credit issued by a
banking institution acceptable to the Commission.
``(D) Treatment of principal and income.--If a bond is
furnished under this paragraph in cash or negotiable
securities, the principal shall be placed without restriction
at the disposal of the Commission, but any income shall inure
to the benefit of the licensee.
``(f) Renewal of License.--
``(1) In general.--
``(A) Renewals.--Subject to the power of the Commission to
deny, revoke, or suspend licenses, any license issued under
this section and in force shall be renewed by the Commission
for the next succeeding license period upon proper
application for renewal and payment of license fees and
assessments, as required by applicable law (including any
rule or regulation promulgated under this Act).
``(B) Renewal term.--Subject to subparagraph (C), the term
of a renewal period for a license issued under this section
shall be for a period of not more than--
``(i) 2 years, for each of the first 2 renewal periods
succeeding the initial issuance of a license pursuant to
subsection (e); and
``(ii) 3 years, for each succeeding renewal period.
``(C) Reopening hearings.--The Commission may reopen
licensing hearings at any time after the Commission has
issued or renewed a license.
``(2) Transition.--
``(A) In general.--Notwithstanding any other provision of
this subsection, the Commission shall, for the purpose of
facilitating the administration of this Act, renew a license
for an activity covered under subsection (a) that is held by
a person on the date of enactment of the Indian Gaming
Regulatory Act Amendments Act of 1997 for a renewal period of
18 months.
``(B) Action before expiration.--The Commission shall act
upon a timely filed license renewal application prior to the
date of expiration of the then current license.
``(3) Filing requirement.--Each application for renewal
shall be filed with the Commission not later than 90 days
prior to the expiration of the then current license, and
shall be accompanied by full payment of all license fees and
assessments that are required by law to be paid to the
Commission.
``(4) Renewal certificate.--Upon renewal of a license, the
Commission shall issue an appropriate renewal certificate,
validating device, or sticker, which shall be attached to the
license.
``(g) Hearings.--
``(1) In general.--The Commission shall establish
procedures for the conduct of hearings associated with
licensing, including procedures for issuing, denying,
limiting, conditioning, restricting, revoking, or suspending
any such license.
``(2) Action by commission.--Following a hearing conducted
for any of the purposes authorized in this section, the
Commission shall--
``(A) render a decision of the Commission;
``(B) issue an order; and
``(C) serve the decision referred to in subparagraph (A)
and order referred to in subparagraph (B) upon the affected
parties.
[[Page S8197]]
``(3) Rehearing.--
``(A) In general.--The Commission may, upon a motion made
not later than 10 days after the service of a decision and
order, order a rehearing before the Commission on such terms
and conditions as the Commission considers just and proper if
the Commission finds cause to believe that the decision and
order should be reconsidered in view of the legal, policy, or
factual matters that are--
``(i) advanced by the party that makes the motion; or
``(ii) raised by the Commission on a motion made by the
Commission.
``(B) Action after rehearing.--Following a rehearing
conducted by the Commission, the Commission shall--
``(i) render a decision of the Commission;
``(ii) issue an order; and
``(iii) serve such decision and order upon the affected
parties.
``(C) Final agency action.--A decision and order made by
the Commission under paragraph (2) (if no motion for a
rehearing is made by the date specified in subparagraph (A)),
or a decision and order made by the Commission upon rehearing
shall constitute final agency action for purposes of judicial
review.
``(4) Jurisdiction.--The United States Court of Appeals for
the District of Columbia Circuit shall have jurisdiction to
review the licensing decisions and orders of the Commission.
``(h) License Registry.--The Commission shall--
``(1) maintain a registry of all licenses that are granted
or denied pursuant to this Act; and
``(2) make the information contained in the registry
available to Indian tribes to assist the licensure and
regulatory activities of Indian tribes.
``SEC. 11. REQUIREMENTS FOR THE CONDUCT OF CLASS I AND CLASS
II GAMING ON INDIAN LANDS.
``(a) Class I Gaming.--Class I gaming on Indian lands shall
be within the exclusive jurisdiction of the Indian tribes and
shall not be subject to the provisions of this Act.
``(b) Class II Gaming.--
``(1) In general.--Any class II gaming on Indian lands
shall be within the jurisdiction of the Indian tribes, but
shall be subject to the provisions of this Act.
``(2) Legal activities.--An Indian tribe may engage in, and
license and regulate, class II gaming on Indian lands within
the jurisdiction of such tribe, if--
``(A) that Indian gaming is located within a State that
permits that gaming for any purpose by any person; and
``(B) the class II gaming operation meets or exceeds the
requirements of sections 7(c) and 10.
``(3) Requirements for class ii gaming operations.--
``(A) In general.--The Commission shall ensure that, with
regard to any class II gaming operation on Indian lands--
``(i) a separate license is issued by the Indian tribe for
each place, facility, or location on Indian lands at which
class II gaming is conducted;
``(ii) the Indian tribe has or will have the sole
proprietary interest and responsibility for the conduct of
any class II gaming activity, unless the conditions of clause
(ix) apply;
``(iii) the net revenues from any class II gaming activity
are used only--
``(I) to fund tribal government operations or programs;
``(II) to provide for the general welfare of the Indian
tribe and the members of the Indian tribe;
``(III) to promote tribal economic development;
``(IV) to donate to charitable organizations;
``(V) to assist in funding operations of local government
agencies;
``(VI) to comply with the provisions of section 17; or
``(VIII) to make per capita payments to members of the
Indian tribe pursuant to clause (viii);
``(iv) the Indian tribe provides to the Commission annual
outside audit reports of the class II gaming operation of the
Indian tribe, which may be encompassed within existing
independent tribal audit systems;
``(v) each contract for supplies, services, or concessions
for a contract amount equal to more than $50,000 per year,
other than a contract for professional legal or accounting
services, relating to such gaming is subject to such
independent audit reports and any audit conducted by the
Commission;
``(vi) the construction and maintenance of a class II
gaming facility and the operation of class II gaming are
conducted in a manner that adequately protects the
environment and public health and safety;
``(vii) there is instituted an adequate system that--
``(I) ensures that--
``(aa) background investigations are conducted on primary
management officials, key employees, and persons having
material control, either directly or indirectly, in a
licensed class II gaming operation, and gaming-related
contractors associated with a licensed class II gaming
operation; and
``(bb) oversight of the officials referred to in item (aa)
and the management by those officials is conducted on an
ongoing basis; and
``(II) includes--
``(aa) tribal licenses for persons involved in class II
gaming operations, issued in accordance with sections 7(c)
and 10;
``(bb) a standard whereby any person whose prior
activities, criminal record, if any, or reputation, habits,
and associations pose a threat to the public interest or to
the effective regulation of gaming, or create or enhance the
dangers of unsuitable, unfair, or illegal practices and
methods and activities in the conduct of gaming shall not be
eligible for employment or licensure; and
``(cc) notification by the Indian tribe to the Commission
of the results of a background investigation conducted under
item (bb) before the issuance of any such license;
``(viii) net revenues from any class II gaming activities
conducted or licensed by any Indian tribal government are
used to make per capita payments to members of the Indian
tribe only if--
``(I) the Indian tribe has prepared a plan to allocate
revenues to uses authorized by clause (iii);
``(II) the Secretary determines that the plan is adequate,
particularly with respect to uses described in subclause (I)
or (III) of clause (iii);
``(III) the interests of minors and other legally
incompetent persons who are entitled to receive any of the
per capita payments are protected and preserved;
``(IV) the per capita payments to minors and other legally
incompetent persons are disbursed to the parents or legal
guardians of the minors or legally incompetent persons
referred to in subclause (III) in such amounts as may be
necessary for the health, education, or welfare of each such
minor or legally incompetent person under a plan approved by
the Secretary and the governing body of the Indian tribe; and
``(V) the per capita payments are subject to Federal income
taxation and Indian tribes withhold such taxes when such
payments are made;
``(ix) a separate license is issued by the Indian tribe for
any class II gaming operation owned by any person or entity
other than the Indian tribe and conducted on Indian lands,
that includes--
``(I) requirements set forth in clauses (v) through (vii)
(other than the requirements of clause (vii)(II)(cc)), and
(x); and
``(II) requirements that are at least as restrictive as
those established by State law governing similar gaming
within the jurisdiction of the State within which such Indian
lands are located; and
``(x) no person or entity, other than the Indian tribe, is
eligible to receive a tribal license for a class II gaming
operation conducted on Indian lands within the jurisdiction
of the Indian tribe if that person or entity would not be
eligible to receive a State license to conduct the same
activity within the jurisdiction of the State.
``(B) Transition.--
``(i) In general.--Clauses (ii), (iii), and (ix) of
subparagraph (A) shall not bar the continued operation of a
class II gaming operation described in clause (ix) of that
subparagraph that was operating on September 1, 1986, if--
``(I) that gaming operation is licensed and regulated by an
Indian tribe;
``(II) income to the Indian tribe from such gaming is used
only for the purposes described in subparagraph (A)(iii);
``(III) not less than 60 percent of the net revenues from
such gaming operation is income to the licensing Indian
tribe; and
``(IV) the owner of that gaming operation pays an
appropriate assessment to the Commission pursuant to section
17 for the regulation of that gaming.
``(ii) Limitations on exemption.--The exemption from
application provided under clause (i) may not be transferred
to any person or entity and shall remain in effect only
during such period as the gaming operation remains within the
same nature and scope as that gaming operation was actually
operated on October 17, 1988.
``(C) List.--The Commission shall--
``(i) maintain a list of each gaming operation that is
subject to subparagraph (B); and
``(ii) publish such list in the Federal Register.
``(c) Petition for Certificate of Self-Regulation.--
``(1) In general.--Any Indian tribe that operates, directly
or with a management contract, a class II gaming activity may
petition the Commission for a certificate of self-regulation
if that Indian tribe--
``(A) has continuously conducted such activity for a period
of not less than 3 years, including a period of not less than
1 year that begins after the date of enactment of the Indian
Gaming Regulatory Act Amendments Act of 1997; and
``(B) has otherwise complied with the provisions of this
Act.
``(2) Issuance of certificate of self-regulation.--The
Commission shall issue a certificate of self-regulation under
this subsection if the Commission determines, on the basis of
available information, and after a hearing if requested by
the Indian tribe, that the Indian tribe has--
``(A) conducted its gaming activity in a manner which has--
``(i) resulted in an effective and honest accounting of all
revenues;
``(ii) resulted in a reputation for safe, fair, and honest
operation of the activity; and
``(iii) been generally free of evidence of criminal or
dishonest activity;
``(B) adopted and implemented adequate systems for--
[[Page S8198]]
``(i) accounting for all revenues from the gaming activity;
``(ii) investigation, licensing, and monitoring of all
employees of the gaming activity; and
``(iii) investigation, enforcement, and prosecution of
violations of its gaming ordinance and regulations;
``(C) conducted the operation on a fiscally and
economically sound basis; and
``(D) paid all fees and assessments that the tribe is
required to pay to the Commission under this Act.
``(3) Effect of certificate of self-regulation.--During the
period in which a certificate of self-regulation issued under
this subsection is in effect with respect to a gaming
activity conducted by an Indian tribe--
``(A) the Indian tribe shall--
``(i) submit an annual independent audit report required
under subsection (b)(3)(A)(iv); and
``(ii) submit to the Commission a complete resume of each
employee hired and licensed by the Indian tribe subsequent to
the issuance of a certificate of self-regulation; and
``(B) the Commission may not assess a fee under section 17
on gaming operated by the Indian tribe pursuant to paragraph
(1) in excess of \1/4\ of 1 percent of the net revenue from
that activity.
``(4) Rescission.--The Commission may, for just cause and
after a reasonable opportunity for a hearing, rescind a
certificate of self-regulation issued under this subsection
by majority vote of the members of the Commission.
``(d) License Revocation.--If, after the issuance of any
license by an Indian tribe under this section, the Indian
tribe receives reliable information from the Commission
indicating that a licensee does not meet any standard
established under section 7(c) or 10, or any other applicable
regulation promulgated under this Act, the Indian tribe--
``(1) shall immediately suspend that license; and
``(2) after providing notice, holding a hearing, and making
findings of fact under procedures established pursuant to
applicable tribal law, may revoke that license.
``SEC. 12. CLASS III GAMING ON INDIAN LANDS.
``(a) Requirements for the Conduct of Class III Gaming on
Indian Lands.--
``(1) In general.--Class III gaming activities shall be
lawful on Indian lands only if those activities are--
``(A) authorized by--
``(i) a compact that--
``(I) is approved pursuant to tribal law by the governing
body of the Indian tribe having jurisdiction over those
lands;
``(II) meets the requirements of section 11(b)(3) for the
conduct of class II gaming; and
``(III) is approved by the Secretary under paragraph (4);
or
``(ii) the Secretary under procedures prescribed by the
Secretary under paragraph (3)(B)(vii);
``(B) located in a State that permits that gaming for any
purpose by any person; and
``(C) conducted in conformance with--
``(i) a compact that--
``(I) is in effect; and
``(II) is entered into by an Indian tribe and a State and
approved by the Secretary under paragraph (4); or
``(ii) procedures prescribed by the Secretary under
paragraph (3)(B)(vii).
``(2) Compact negotiations.--
``(A) In general.--Any Indian tribe having jurisdiction
over the Indian lands upon which a class III gaming activity
is being conducted, or is to be conducted, shall request the
State in which those lands are located to enter into
negotiations for the purpose of entering into a compact
governing the conduct of gaming activities. Upon receiving
such a request, the State shall negotiate with the Indian
tribe in good faith to enter into such a compact.
``(B) Approval by the secretary.--Any State and any Indian
tribe may enter into a compact governing class III gaming
activities on the Indian lands of the Indian tribe, but that
compact shall take effect only when notice of approval by the
Secretary of that compact has been published by the Secretary
in the Federal Register.
``(3) Actions.--
``(A) In general.--The United States district courts shall
have jurisdiction over--
``(i) any cause of action initiated by an Indian tribe
arising from the failure of a State to enter into
negotiations with the Indian tribe for the purpose of
entering into a compact under paragraph (2) or to conduct
such negotiations in good faith;
``(ii) any cause of action initiated by a State or Indian
tribe to enjoin a class III gaming activity located on Indian
lands and conducted in violation of any compact entered into
under paragraph (2) that is in effect; and
``(iii) any cause of action initiated by the Secretary to
enforce the procedures prescribed under subparagraph
(B)(vii).
``(B) Procedures.--
``(i) In general.--An Indian tribe may initiate a cause of
action described in subparagraph (A)(i) only after the
expiration of the 180-day period beginning on the date on
which the Indian tribe requests the State to enter into
negotiations under paragraph (2)(A).
``(ii) Burden of proof.--In any action described in
subparagraph (A)(i), upon introduction of evidence by an
Indian tribe that--
``(I) a compact has not been entered into under paragraph
(2); and
``(II) the State did not respond to the request of the
Indian tribe to negotiate such a compact or did not respond
to such request in good faith,
the burden of proof shall be upon the State to prove that the
State has negotiated with the Indian tribe in good faith to
conclude a compact governing the conduct of gaming
activities.
``(iii) Failure to negotiate.--If, in any action described
in subparagraph (A)(i), the court finds that the State has
failed to negotiate in good faith with the Indian tribe to
conclude a compact governing the conduct of gaming
activities, the court shall order the State and the Indian
tribe to conclude such a compact within a 60-day period
beginning on the date of that order. In determining in such
an action whether a State has negotiated in good faith, the
court--
``(I) may take into account the public interest, public
safety, criminality, financial integrity, and adverse
economic impacts on existing gaming activities; and
``(II) shall consider any demand by the State for direct
taxation of the Indian tribe or of any Indian lands as
evidence that the State has not negotiated in good faith.
``(iv) Procedure in the event of failure to conclude a
compact.--If a State and an Indian tribe fail to conclude a
compact governing the conduct of gaming activities on the
Indian lands subject to the jurisdiction of such Indian tribe
within the 60-day period provided in the order of a court
issued under clause (iii), the Indian tribe and the State
shall each submit to a mediator appointed by the court a
proposed compact that represents the last best offer of the
Indian tribe and the State for a compact. The mediator shall
select from the 2 proposed compacts the proposed compact that
best comports with--
``(I) the terms of this Act;
``(II) any other applicable Federal law; and
``(III) the findings and order of the court.
``(v) Submission of compact to state and indian tribe.--The
mediator appointed under clause (iv) shall submit to the
State and the Indian tribe the proposed compact selected by
the mediator under clause (iv).
``(vi) Consent of state.--If a State consents to a proposed
compact submitted to the State under clause (v) during the
60-day period beginning on the date on which the proposed
compact is submitted to the State under clause (v), the
proposed compact shall be treated as a compact entered into
under paragraph (2).
``(vii) Failure of state to consent.--If the State does not
consent during the 60-day period described in clause (vi) to
a proposed compact submitted by a mediator under clause (v),
the mediator shall notify the Secretary and the Secretary
shall prescribe, in consultation with the Indian tribe,
procedures--
``(I) that are consistent with the proposed compact
selected by the mediator under clause (iv), the provisions of
this Act, and the applicable provisions of the laws of the
State; and
``(II) under which class III gaming may be conducted on the
Indian lands over which the Indian tribe has jurisdiction.
``(4) Approval by secretary.--
``(A) In general.--The Secretary is authorized to approve
any compact entered into between an Indian tribe and a State
governing gaming on Indian lands of such Indian tribe.
``(B) Disapproval by secretary.--The Secretary may
disapprove a compact described in subparagraph (A) only if
such compact violates--
``(i) any provision of this Act;
``(ii) any other provision of Federal law that does not
relate to jurisdiction over gaming on Indian lands; or
``(iii) the trust obligation of the United States to
Indians.
``(C) Failure of the secretary to take final action.--If
the Secretary does not approve or disapprove a compact
described in subparagraph (A) before the expiration of the
45-day period beginning on the date on which the compact is
submitted to the Secretary for approval, the compact shall be
considered to have been approved by the Secretary, but only
to the extent the compact is consistent with the provisions
of this Act.
``(D) Publication of notice.--The Secretary shall publish
in the Federal Register notice of any compact that is
approved, or considered to have been approved, under this
paragraph.
``(E) Effect of publication of compact.--Except for an
appeal conducted under subchapter II of chapter 5 of title 5,
United States Code, by an Indian tribe or by a State
associated with the publication of the compact, the
publication of a compact pursuant to subparagraph (D) or
subsection (c)(4) that permits a form of class III gaming
shall, for purposes of this Act, be conclusive evidence that
such class III gaming is an activity subject to negotiations
under the laws of the State where the gaming is to be
conducted, in any matter under consideration by the
Commission or a Federal court.
``(F) Effective date of compact.--A compact shall become
effective upon the publication of the compact in the Federal
Register by the Secretary.
``(G) Duties of commission.--Consistent with the provisions
of sections 7(c), 8, and 10, the Commission shall monitor
and, if specifically authorized, regulate and license class
III gaming with respect to any compact that is published in
the Federal Register.
``(5) Provisions of compacts.--
[[Page S8199]]
``(A) In general.--A compact negotiated under this
subsection may include provisions relating to--
``(i) the application of the criminal and civil laws
(including any rule or regulation) of the Indian tribe or the
State that are directly related to, and necessary for, the
licensing and regulation of such activity in a manner
consistent with sections 7(c), 8, and 10;
``(ii) the allocation of criminal and civil jurisdiction
between the State and the Indian tribe necessary for the
enforcement of such laws (including any rule or regulation);
``(iii) the assessment by the State of the costs associated
with such activities in such amounts as are necessary to
defray the costs of regulating such activity;
``(iv) taxation by the Indian tribe of such activity in
amounts comparable to amounts assessed by the State for
comparable activities;
``(v) remedies for breach of compact provisions;
``(vi) standards for the operation of such activity and
maintenance of the gaming facility, including licensing, in a
manner consistent with sections 7(c), 8, and 10; and
``(vii) any other subject that is directly related to the
operation of gaming activities and the impact of gaming on
tribal, State, and local governments.
``(B) Statutory construction with respect to assessments.--
Except for any assessments for services agreed to by an
Indian tribe in compact negotiations, nothing in this section
may be construed as conferring upon a State or any political
subdivision thereof the authority to impose any tax, fee,
charge, or other assessment upon an Indian tribe, an Indian
gaming operation or the value generated by the gaming
operation, or any person or entity authorized by an Indian
tribe to engage in a class III gaming activity in conformance
with this Act.
``(6) Statutory construction with respect to certain rights
of indian tribes.--Nothing in this subsection impairs the
right of an Indian tribe to regulate class III gaming on the
Indian lands of the Indian tribe concurrently with a State
and the Commission, except to the extent that such regulation
is inconsistent with, or less stringent than, this Act or any
laws (including any rule or regulation) made applicable by
any compact entered into by the Indian tribe under this
subsection that is in effect.
``(7) Exemption.--The provisions of sections 2 and 5 of the
Act of January 2, 1951 (commonly referred to as the `Gambling
Devices Transportation Act') (64 Stat. 1134, chapter 1194, 15
U.S.C. 1172 and 1175) shall not apply to any class II gaming
activity or any gaming activity conducted pursuant to a
compact entered into after the date of enactment of this Act
or conducted pursuant to procedures prescribed by the
Secretary under this Act, but in no event shall this
paragraph be construed as invalidating any exemption from
section 2 or 5 of the Act of January 2, 1951, for any compact
entered into prior to the date of enactment of this Act or
any procedures for conducting a gaming activity prescribed by
the Secretary prior to such date of enactment.
``(b) Jurisdiction of United States District Court for the
District of Columbia.--The United States District Court for
the District of Columbia shall have jurisdiction over any
action initiated by the Secretary, the Commission, a State,
or an Indian tribe to enforce any provision of a compact
under subsection (a) that is in effect or to enjoin a class
III gaming activity located on Indian lands and conducted in
violation of such compact that is in effect and that was
entered into under subsection (a).
``(c) Revocation of Ordinance.--
``(1) In general.--The governing body of an Indian tribe,
in its sole discretion, may adopt an ordinance or resolution
revoking any prior ordinance or resolution that authorized
class III gaming on the Indian lands of the Indian tribe.
Such revocation shall render class III gaming illegal on the
Indian lands of such Indian tribe.
``(2) Publication of revocation.--An Indian tribe shall
submit any revocation ordinance or resolution described in
paragraph (1) to the Commission. Not later than 90 days after
the date on which the Commission receives such ordinance or
resolution, the Commission shall publish such ordinance or
resolution in the Federal Register. The revocation provided
by such ordinance or resolution shall take effect on the date
of such publication.
``(3) Conditional operation.--Notwithstanding any other
provision of this subsection--
``(A) any person or entity operating a class III gaming
activity pursuant to this subsection on the date on which an
ordinance or resolution described in paragraph (1) that
revokes authorization for such class III gaming activity is
published in the Federal Register may, during the 1-year
period beginning on the date on which such revocation,
ordinance, or resolution is published under paragraph (2),
continue to operate such activity in conformance with an
applicable compact approved or issued under subsection (a)
that is in effect; and
``(B) any civil action that arises before, and any crime
that is committed before, the expiration of such 1-year
period shall not be affected by such revocation ordinance, or
resolution.
``(d) Certain Class III Gaming Activities.--
``(1) Compacts entered into before the date of enactment of
the indian gaming regulatory act amendments act of 1997.--
``(A) In general.--Subject to subparagraph (B), class III
gaming activities that are authorized under a compact
approved, or procedures prescribed, by the Secretary under
the authority of this Act prior to the date of enactment of
the Indian Gaming Regulatory Act Amendments Act of 1997
shall, during such period as the compact is in effect, remain
lawful for the purposes of this Act, notwithstanding the
Indian Gaming Regulatory Act Amendments Act of 1997 and the
amendments made by such Act or any change in State law
enacted after the approval or issuance of the compact.
``(B) Compact or procedures subject to minimum regulatory
standards.--Subparagraph (A) shall apply to a compact or
procedures described in that subparagraph on the condition
that any class III gaming activity conducted under the
compact or procedures shall be subject to all Federal minimum
regulatory standards established under this Act and the
regulations promulgated under this Act.
``(2) Compact entered into after the date of enactment of
the indian gaming regulatory act amendments act of 1997.--Any
compact entered into under subsection (a) after the date
specified in paragraph (1) shall remain lawful for the
purposes of this Act, notwithstanding any change in State law
enacted after the approval or issuance of the compact.
``SEC. 13. REVIEW OF CONTRACTS.
``(a) Contracts Included.--The Commission shall, in
accordance with this section, review and approve or
disapprove--
``(1) any management contract for the operation and
management of any gaming activity that an Indian tribe may
engage in under this Act; and
``(2) unless licensed by an Indian tribe consistent with
the minimum Federal standards adopted pursuant to section
7(c), any gaming-related contract.
``(b) Management Contract Requirements.--The Commission
shall approve any management contract between an Indian tribe
and a person licensed by an Indian tribe or the Commission
that is entered into pursuant to this Act only if the
Commission determines that the contract provides for--
``(1) adequate accounting procedures that are maintained,
and verifiable financial reports that are prepared, by or for
the governing body of the Indian tribe on a monthly basis;
``(2) access to the daily gaming operations by appropriate
officials of the Indian tribe who shall have the right to
verify the daily gross revenues and income derived from any
gaming activity;
``(3) a minimum guaranteed payment to the Indian tribe that
has preference over the retirement of any development and
construction costs;
``(4) an agreed upon ceiling for the repayment of any
development and construction costs;
``(5) a contract term of not to exceed 5 years, except
that, upon the request of an Indian tribe, the Commission may
authorize a contract term that exceeds 5 years but does not
exceed 7 years if the Commission is satisfied that the
capital investment required, and the income projections for,
the particular gaming activity require the additional time;
and
``(6) grounds and mechanisms for the termination of the
contract, but any such termination shall not require the
approval of the Commission.
``(c) Management Fee Based on Percentage of Net Revenues.--
``(1) Percentage fee.--The Commission may approve a
management contract that provides for a fee that is based on
a percentage of the net revenues of a tribal gaming activity
if the Commission determines that such percentage fee is
reasonable, taking into consideration surrounding
circumstances.
``(2) Fee amount.--Except as provided in paragraph (3), a
fee described in paragraph (1) shall not exceed an amount
equal to 30 percent of the net revenues described in such
paragraph.
``(3) Exception.--Upon the request of an Indian tribe, if
the Commission is satisfied that the capital investment
required, and income projections for, a tribal gaming
activity, necessitate a fee in excess of the amount specified
in paragraph (2), the Commission may approve a management
contract that provides for a fee described in paragraph (1)
in an amount in excess of the amount specified in paragraph
(2), but not to exceed 40 percent of the net revenues
described in paragraph (1).
``(d) Gaming-Related Contract Requirements.--The Commission
shall approve a gaming-related contract covered under
subsection (a)(2) that is entered into pursuant to this Act
only if the Commission determines that the contract provides
for--
``(1) grounds and mechanisms for termination of the
contract, but such termination shall not require the approval
of the Commission; and
``(2) such other provisions as the Commission may be
empowered to impose by this Act.
``(e) Time Period for Review.--
``(1) In general.--Except as provided in paragraph (2), not
later than 90 days after the date on which a management
contract or other gaming-related contract is submitted to the
Commission for approval, the Commission shall approve or
disapprove such contract on the merits of the contract. The
Commission may extend the 90-day period
[[Page S8200]]
for an additional period of not more than 45 days if the
Commission notifies the Indian tribe in writing of the reason
for the extension of the period. The Indian tribe may bring
an action in the United States District Court for the
District of Columbia to compel action by the Commission if a
contract has not been approved or disapproved by the
termination date of an applicable period under this
subsection.
``(2) Effect of failure of commission to act on certain
gaming-related contracts.--Any gaming-related contract for an
amount less than or equal to $100,000 that is submitted to
the Commission pursuant to paragraph (1) by a person who
holds a valid license that is in effect under this Act shall
be deemed to be approved, if by the date that is 90 days
after the contract is submitted to the Commission, the
Commission fails to approve or disapprove the contract.
``(f) Contract Modifications and Void Contracts.--The
Commission, after providing notice and a hearing on the
record--
``(1) shall have the authority to require appropriate
contract modifications to ensure compliance with the
provisions of this Act; and
``(2) may void any contract regulated by the Commission
under this Act if the Commission determines that any
provision of this Act has been violated by the terms of the
contract.
``(g) Interests in Real Property.--No contract regulated by
this Act may transfer or, in any other manner, convey any
interest in land or other real property, unless specific
statutory authority exists, all necessary approvals for such
transfer or conveyance have been obtained, and such transfer
or conveyance is clearly specified in the contract.
``(h) Authority of the Secretary.--The authority of the
Secretary under section 2103 of the Revised Statutes (25
U.S.C. 81) shall not extend to any contract or agreement that
is regulated pursuant to this Act.
``(i) Disapproval of Contracts.--The Commission may not
approve a contract if the Commission determines that--
``(1) any person having a direct financial interest in, or
management responsibility for, such contract, and, in the
case of a corporation, any individual who serves on the board
of directors of such corporation, and any of the stockholders
who hold (directly or indirectly) 10 percent or more of its
issued and outstanding stock--
``(A) is an elected member of the governing body of the
Indian tribe which is a party to the contract;
``(B) has been convicted of any felony or gaming offense;
``(C) has knowingly and willfully provided materially
important false statements or information to the Commission
or the Indian tribe pursuant to this Act or has refused to
respond to questions propounded by the Commission; or
``(D) has been determined to be a person whose prior
activities, criminal record, if any, or reputation, habits,
and associations pose a threat to the public interest or to
the effective regulation and control of gaming, or create or
enhance the dangers of unsuitable, unfair, or illegal
practices, methods, and activities in the conduct of gaming
or the carrying on of the business and financial arrangements
incidental thereto;
``(2) the contractor--
``(A) has unduly interfered or influenced for its gain or
advantage any decision or process of tribal government
relating to the gaming activity; or
``(B) has attempted to interfere or influence a decision
pursuant to subparagraph (A);
``(3) the contractor has deliberately or substantially
failed to comply with the terms of the contract; or
``(4) a trustee, exercising the skill and diligence that a
trustee is commonly held to, would not approve the contract.
``SEC. 14. REVIEW OF EXISTING CONTRACTS; INTERIM AUTHORITY.
``(a) Review of Existing Contracts.--
``(1) In general.--At any time after the Commission is
sworn in and has promulgated regulations for the
implementation of this Act, the Commission shall notify each
Indian tribe and management contractor who, prior to the
enactment of the Indian Gaming Regulatory Act Amendments Act
of 1997, entered into a management contract that was approved
by the Secretary, that the Indian tribe is required to submit
to the Commission such contract, including all collateral
agreements relating to the gaming activity, for review by the
Commission not later than 60 days after such notification.
Any such contract shall be valid under this Act, unless the
contract is disapproved by the Commission under this section.
``(2) Review.--
``(A) In general.--Not later than 180 days after the
submission of a management contract, including all collateral
agreements, to the Commission pursuant to this section, the
Commission shall review the contract to determine whether the
contract meets the requirements of section 13 and was entered
into in accordance with the procedures under such section.
``(B) Approval of contract.--The Commission shall approve a
management contract submitted for review under subsection (a)
if the Commission determines that--
``(i) the management contract meets the requirements of
section 13; and
``(ii) the management contractor has obtained all of the
licenses that the contractor is required to obtain under this
Act.
``(C) Notification of necessary modifications.--If the
Commission determines that a contract submitted under this
section does not meet the requirements of section 13--
``(i) the Commission shall provide the parties to such
contract written notification of the necessary modifications;
and
``(ii) the parties referred to in clause (i) shall have 180
days after the date on which such notification is provided to
make the modifications.
``(b) Interim Authority of the National Indian Gaming
Commission.--
``(1) In general.--Notwithstanding any other provision of
this Act, the Chairman and the associate members of the
National Indian Gaming Commission who are holding office on
the day before the date of enactment of the Indian Gaming
Regulatory Act Amendments Act of 1997 shall exercise the
authorities described in paragraph (2) until such time as all
of the initial members of the Federal Indian Gaming
Regulatory Commission are sworn into office.
``(2) Authorities.--Until the date specified in paragraph
(1), the Chairman and the associate members of the National
Indian Gaming Commission referred to in that paragraph shall
exercise those authorities vested in the Federal Indian
Gaming Regulatory Commission by this Act (other than the
authority specified in section 7(a)(1)(A) and any other
authority directly related to the administration of the
Federal Indian Gaming Regulatory Commission as an independent
establishment, as defined in section 104 of title 5, United
States Code).
``(3) Regulations.--Until such time as the Commission
promulgates revised regulations after the date of enactment
of the Indian Gaming Regulatory Act Amendments Act of 1997,
the regulations promulgated under this Act, as in effect on
the day before the date of enactment of the Indian Gaming
Regulatory Act Amendments Act of 1997, shall apply.
``SEC. 15. CIVIL PENALTIES.
``(a) Amount.--Any person who commits any act or causes to
be done any act that violates any provision of this Act or
any rule or regulation promulgated under this Act, or who
fails to carry out any act or causes the failure to carry out
any act that is required by any such provision of law shall
be subject to a civil penalty in an amount equal to not more
than $50,000 per day for each such violation.
``(b) Assessment and Collection.--
``(1) In general.--Each civil penalty assessed under this
section shall be assessed by the Commission and collected in
a civil action brought by the Attorney General on behalf of
the United States. Before the Commission refers civil penalty
claims to the Attorney General, the Commission may compromise
the civil penalty after affording the person charged with a
violation referred to in subsection (a), an opportunity to
present views and evidence in support of such action by the
Commission to establish that the alleged violation did not
occur.
``(2) Penalty amount.--In determining the amount of a civil
penalty assessed under this section, the Commission shall
take into account--
``(A) the nature, circumstances, extent, and gravity of the
violation committed;
``(B) with respect to the person found to have committed
such violation, the degree of culpability, any history of
prior violations, ability to pay, the effect on ability to
continue to do business; and
``(C) such other matters as justice may require.
``(c) Temporary Closures.--
``(1) In general.--The Commission may order the temporary
closure of all or part of an Indian gaming operation for a
substantial violation of any provision of law referred to in
subsection (a).
``(2) Hearing on order of temporary closure.--
``(A) In general.--Not later than 30 days after the
issuance of an order of temporary closure, the Indian tribe
or the individual owner of a gaming operation shall have the
right to request a hearing on the record before the
Commission to determine whether such order should be made
permanent or dissolved.
``(B) Deadlines relating to hearing.--Not later than 30
days after a request for a hearing is made under subparagraph
(A), the Commission shall conduct such hearing. Not later
than 30 days after the termination of the hearing, the
Commission shall render a final decision on the closure.
``SEC. 16. JUDICIAL REVIEW.
``A decision made by the Commission pursuant to section 7,
8, 10, 13, 14, or 15 shall constitute a final agency decision
for purposes of appeal to the United States District Court
for the District of Columbia pursuant to chapter 7 of title
5, United States Code.
``SEC. 17. COMMISSION FUNDING.
``(a) Annual Fees.--
``(1) In general.--The Commission shall establish a
schedule of fees to be paid to the Commission annually by
gaming operations for each class II and class III gaming
activity that is regulated by this Act.
``(2) Limitation on fee rates.--
``(A) In general.--For each gaming operation regulated
under this Act, the rate of the fees imposed under the
schedule established under paragraph (1) shall not exceed 2
percent of the net revenues of that gaming operation.
``(B) Total amount of fees.--The total amount of all fees
imposed during any fiscal
[[Page S8201]]
year under the schedule established under paragraph (1) shall
be equal to not more than $25,000,000.
``(3) Annual fee rate.--The Commission, by a vote of a
majority of the members of the Commission, shall annually
adopt the rate of the fees authorized by this section. Those
fees shall be payable to the Commission on a monthly basis.
``(4) Adjustment of fees.--The fees imposed upon a gaming
operation may be reduced by the Commission to take into
account any regulatory functions that are performed by an
Indian tribe, or the Indian tribe and a State, pursuant to
regulations promulgated by the Commission.
``(5) Consequences of failure to pay fees.--Failure to pay
the fees imposed under the schedule established under
paragraph (1) shall, subject to regulations promulgated by
the Commission, be grounds for revocation of the approval of
the Commission of any license required under this Act for the
operation of gaming activities.
``(6) Surplus funds.--To the extent that revenues derived
from fees imposed under the schedule established under
paragraph (1) exceed the limitation in paragraph (2)(B) or
are not expended or committed at the close of any fiscal
year, those surplus funds shall be credited to each gaming
activity that is the subject of the fees on a pro rata basis
against those fees imposed for the succeeding year.
``(b) Reimbursement of Costs.--The Commission may assess
any applicant, except the governing body of an Indian tribe,
for any license required pursuant to this Act. That
assessment shall be an amount equal to the actual costs of
conducting all reviews and investigations necessary for the
Commission to determine whether a license should be granted
or denied to the applicant.
``(c) Annual Budget.--
``(1) In general.--For the first full fiscal year beginning
after the date of enactment of the Indian Gaming Regulatory
Act Amendments Act of 1997, and each fiscal year thereafter,
the Commission shall adopt an annual budget for the expenses
and operation of the Commission.
``(2) Request for appropriations.--The budget of the
Commission may include a request for appropriations
authorized under section 18.
``(3) Submission to congress.--Notwithstanding any other
provision of law, a request for appropriations made pursuant
to paragraph (2) shall be submitted by the Commission
directly to Congress beginning with the request for the first
full fiscal year beginning after the date of enactment of
this Act, and shall include the proposed annual budget of the
Commission and the estimated revenues to be derived from
fees.
``SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
``Subject to section 17, there are authorized to be
appropriated $5,000,000 to provide for the operation of the
Commission for each of fiscal years 1998, 1999, and 2000, to
remain available until expended.
``SEC. 19. APPLICATION OF THE INTERNAL REVENUE CODE OF 1986.
``(a) In General.--The provisions of the Internal Revenue
Code of 1986 (including sections 1441, 3402(q), 6041, and
chapter 35 of such Code) concerning the reporting and
withholding of taxes with respect to the winnings from gaming
or wagering operations shall apply to Indian gaming
operations conducted pursuant to this Act in the same manner
as such provisions apply to State gaming and wagering
operations. Any exemptions under those provisions to States
with respect to taxation of that gaming or wagering operation
shall be allowed to Indian tribes.
``(b) Exemption.--The provisions of section 6050I of the
Internal Revenue Code of 1986 shall apply to an Indian gaming
establishment that is not designated by the Secretary of the
Treasury as a financial institution pursuant to chapter 53 of
title 31, United States Code.
``(c) Statutory Construction.--This section shall apply
notwithstanding any other provision of law enacted before,
on, or after, the date of enactment of this Act unless such
other provision of law specifically cites this subsection.
``(d) Access to Information by State and Tribal
Governments.--Subject to section 7(d), upon the request of a
State or the governing body of an Indian tribe, the
Commission shall make available any law enforcement
information that the Commission has obtained pursuant to such
section, unless otherwise prohibited by law, in order to
enable the State or the Indian tribe to carry out its
responsibilities under this Act or any compact approved by
the Secretary.''; and
(5) by striking section 20(d).
SEC. 3. CONFORMING AMENDMENTS.
(a) Title 10.--Section 2323a(e)(1) of title 10, United
States Code, is amended by striking ``section 4(4) of the
Indian Gaming Regulatory Act (102 Stat. 2468; 25 U.S.C.
2703(4))'' and inserting ``section 4(14) of the Indian Gaming
Regulatory Act''.
(b) Title 18.--Title 18, United States Code, is amended--
(1) in section 1166--
(A) in subsection (c), by striking ``a Tribal-State compact
approved by the Secretary of the Interior under section
11(d)(8) of the Indian Gaming Regulatory Act that is in
effect'' and inserting ``a compact approved by the Secretary
of the Interior under section 12(a) of the Indian Gaming
Regulatory Act that is in effect or pursuant to procedures
prescribed by the Secretary of the Interior under section
12(a)(3)(B)(iii) of such Act''; and
(B) in subsection (d), by striking ``a Tribal-State compact
approved by the Secretary of the Interior under section
11(d)(8) of the Indian Gaming Regulatory Act'' and inserting
``a compact approved by the Secretary of the Interior under
section 12(a) of the Indian Gaming Regulatory Act or pursuant
to procedures prescribed by the Secretary of the Interior
under section 12(a)(3)(B)(iii) of such Act,'';
(2) in section 1167, by striking ``pursuant to an ordinance
or resolution approved by the National Indian Gaming
Commission'' each place it appears; and
(3) in section 1168, by striking ``pursuant to an ordinance
or resolution approved by the National Indian Gaming
Commission,'' each place it appears.
(c) Internal Revenue Code of 1986.--Section
168(j)(4)(A)(iv) of the Internal Revenue Code of 1986 is
amended by striking ``Indian Regulatory Act'' and inserting
``Indian Gaming Regulatory Act''.
(d) Title 28.--Title 28, United States Code, is amended--
(1) in section 3701(2)--
(A) by striking ``section 4(5) of the Indian Gaming
Regulatory Act (25 U.S.C. 2703(5))'' and inserting ``section
4(15) of the Indian Gaming Regulatory Act''; and
(B) by striking ``section 4(4) of such Act (25 U.S.C.
2703(4))'' and inserting ``section 4(14) of such Act''; and
(2) in section 3704(b), by striking ``section 4(4) of the
Indian Gaming Regulatory Act'' and inserting ``section 4(14)
of the Indian Gaming Regulatory Act''.
Mr. INOUYE. Mr. President, I rise today to join my distinguished
colleague, Senator John McCain, as a co-sponsor of legislation to amend
the Indian Gaming Regulatory Act of 1988.
It is my understanding that this measure is substantially identical
in most respects to the bill, S. 487, that was reported by the
Committee on Indian Affairs in the last session of the Congress.
Mr. President, over the years, in our various capacities as Members,
chairman, and vice chairman of the Committee on Indian Affairs, Senator
McCain and I have worked together on the complex and challenging issues
which have typically loomed large on the horizons of Indian gaming.
We have learned, from sometimes bitter experience, that in this
arena, one most definitely cannot satisfy even some of the people some
of the time--but we have continued to explore a range of solutions that
might hold the potential for finding acceptance amongst the relevant
parties in interest.
Mr. President, it is my hope that in the days ahead, the chairman of
the Indian Affairs Committee and I will be able to introduce a measure
to amend the Indian Gaming Regulatory Act that will build upon this
initiative, and the work that the Indian Affairs Committee has been
engaged in--over the last 7 months.
We are in the process of updating some of the provisions of the 1988
act--as well as identifying areas that may require a whole new
approach.
In the interim, of this we can be certain--there will be much
discussion and a renewed round of debate on the merits of the measure
that is being introduced today--but I commend my colleague for his
continuing commitment to Indian country, and his efforts to address
some of the more challenging issues of our times.
______
By Mr. SPECTER (for himself, Mr. Rockefeller, Mr. Abraham, Mr.
Akaka, Mr. Allard, Mr. Ashcroft, Mr. Bingaman, Mr. Bond, Mr.
Breaux, Mr. Campbell, Mr. Cleland, Mr. Coats, Mr. Cochran, Ms.
Collins, Mr. Craig, Mr. D'Amato, Mr. DeWine, Mr. Dodd, Mr.
Dorgan, Mr. Durbin, Mr. Faircloth, Mrs. Feinstein, Mr. Ford,
Mr. Glenn, Mr. Graham, Mr. Grams, Mr. Grassley, Mr. Hagel, Mr.
Hatch, Mr. Helms, Mr. Hollings, Mr. Inhofe, Mr. Inouye, Mr.
Jeffords, Mr. Kempthorne, Ms. Landrieu, Mr. Lieberman, Mr.
Mack, Mr. McCain, Ms. Moseley-Braun, Mr. Murkowski, Mrs.
Murray, Mr. Reid, Mr. Roth, Mr. Santorum, Mr. Smith of Oregon,
Ms. Snowe, Mr. Stevens, and Mr. Thurmond):
S.J. Res. 36. A joint resolution to confer status as an honorary
veteran of the United States Armed Forces on Leslie Townes (Bob) Hope;
to the Committee on Veterans' Affairs.
[[Page S8202]]
LEGISLATION TO CONFER STATUS AS AN HONORARY VETERAN OF THE U.S. ARMED
FORCES TO LESLIE TOWNES (BOB) HOPE
Mr. SPECTER. Mr. President, it is with a particular sense of
privilege that I introduce legislation today to confer the status of
honorary veteran of the U.S. Armed Forces to Leslie Townes (Bob) Hope.
If any person in this country merits such an unprecedented honor--and
Mr. President, it is my understanding that no person has ever before
been conferred the status of honorary veteran--surely, it is Bob Hope.
Bob Hope's contributions to this Nation--and, particularly, to its
soldiers, sailors, marines, and airmen--are well known to all of our
citizens. Less well known to many is the fact that Bob Hope is a
naturalized U.S. citizen, having emigrated to this country from England
when Bob was just a boy. I am the son of a naturalized American--an
immigrant who walked across Europe with barely a ruble in his pocket so
that he could make his way to this country. So I know first hand that a
person of humble origins can scale the heights of this country. Few,
though, have scaled the heights that Bob Hope has scaled.
When I say Bob Hope has scaled the heights, I am not referring to his
success as an actor, a comedian, or businessman--though his success in
all three areas has been considerable. When I say Bob Hope has scaled
the heights, I am thinking of his place in the hearts of his adopted
countrymen.
Who in this country is more beloved by a broader spectrum of his
fellow citizens than Bob Hope--people of all ages, races, religions,
and beliefs? Perhaps, none more than Bob Hope. For the past 50 years,
this country's fighting men and women could count on Bob Hope to lift
their spirits and morale when they faced the prospect of making the
ultimate sacrifice. In World War II, in Korea, in Vietnam and, most
recently, in the Persian Gulf, Bob Hope and his troupe were there to
entertain the troops. More importantly, they were there to remind our
fighting men and women that they were not forgotten, that their
suffering was appreciated. Bob Hope was always with the troops--
especially during the holidays--enduring hardship, and often
significant physical danger, so that he might encourage those facing
greater hardship and danger. Three generations of veterans will never
forget how much he cared.
Those three generations of veterans wonder how they might properly
recognize Bob Hope. He is already a recipient of the Nation's highest
civilian decorations, the Congressional Gold Medal and the Presidential
Medal of Freedom. President Carter hosted a White House reception in
honor of his 75th birthday. President Clinton bestowed upon him the
Medal of the Arts. He has received more than 50 honorary doctorates,
and innumerable awards from civic, social, and veterans organizations.
But Bob Hope cannot say that he is a veteran--in my mind, one of the
most honorable appellations one can carry. This legislation will remedy
that.
I ask that all of my colleagues join me in supporting legislation to
designate Bob Hope an honorary veteran. And I thank the former
Commandant of the U.S. Marine Corps and the current president of the
USO, Gen. Carl Mundy, for spearheading this effort.
Mr. President, I ask unanimous consent that the text of the joint
resolution be printed in the Record.
There being no objection, the joint resolution was ordered to be
printed in the Record, as follows:
S.J. Res. 36
Whereas the United States has never before conferred status
as an honorary veteran of the United States Armed Forces on
an individual, and such status is and should remain an
extraordinary honor not lightly conferred nor frequently
granted;
Whereas the lifetime of accomplishments and service of
Leslie Townes (Bob) Hope on behalf of United States military
servicemembers fully justifies the conferring of such status;
Whereas Leslie Townes (Bob) Hope is himself not a veteran,
having attempted to enlist in the Armed Forces to serve his
country during World War II, but being informed that the
greatest service he could provide the Nation was as a
civilian entertainer for the troops;
Whereas during World War II, the Korean Conflict, the
Vietnam War, and the Persian Gulf War and throughout the Cold
War, Bob Hope traveled to visit and entertain millions of
United States servicemembers in numerous countries, on ships
at sea, and in combat zones ashore;
Whereas Bob Hope has been awarded the Congressional Gold
Medal, the Presidential Medal of Freedom, the Distinguished
Service Medal of each of the branches of the Armed Forces,
and more than 100 citations and awards from national veterans
service organizations and civic and humanitarian
organizations; and
Whereas Bob Hope has given unselfishly of his time for over
a half century to be with United States servicemembers on
foreign shores, working tirelessly to bring a spirit of humor
and cheer to millions of servicemembers during their
loneliest moments, and thereby extending for the American
people a touch of home away from home: Now, therefore, be it
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That
Congress--
(1) extends its gratitude, on behalf of the American
people, to Leslie Townes (Bob) Hope for his lifetime of
accomplishments and service on behalf of United States
military servicemembers; and
(2) confers upon Leslie Townes (Bob) Hope the status of an
honorary veteran of the United States Armed Forces.
____________________