by the United States for the benefit of an Indian
tribe or held by an Indian tribe subject to restriction
by the United States against alienation.’’.
(b) INDIAN TRIBE.—Section 4(5)(A) of such Act (25
U.S.C. 2703(5)(A)) is amended by inserting ‘‘before the
date of the enactment of this Act’’ after ‘‘recognized’’.
(c) CLASS III GAMING.—Section 4 of such Act (25
U.S.C. 2703) is amended—
(1) in paragraph (7)(A)(i)—
(A) in the matter preceding subclause (I),
by inserting after ‘‘therewith)’’ the following:
‘‘except video bingo’’;
(B) in subclause (I), by inserting ‘‘(but not
limited to’’ after ‘‘including’’; and
(C) in the matter following subclause (III),
by inserting ‘‘, but not limited to,’’ after ‘‘loca-
tion)’’;
(2) in paragraph (7)(A)(ii)(II), by striking ‘‘re-
garding’’ and inserting ‘‘including (but not limited
to)’’;
(3) in paragraph (7)(B)(i), by inserting ‘‘(but
not limited to) house banking card games, pari-
mutuel wagering, casino games played with dice,
wheels and similar gaming equipment,’’ after ‘‘in-
cluding’’; and
(4) in paragraph (8), by inserting before the pe-
riod at the end the following: ‘‘including (but not
limited 
to) 
slot 
machines, 
electronic 
or
electromechanical facsimiles of any game of chance,
and any and all forms of electronic video games or
devices, such as video bingo, video pull-tabs, video
keno, and video blackjack’’.
(d) SLOT MACHINE.—Section 4 of such Act (25
U.S.C. 2703) is amended by adding at the end thereof
the following:
‘‘(11) The term ‘slot machine’ means any me-
chanical, electrical, or other device, contrivance, or
machine which, upon insertion of a coin, token, or
similar object therein, or upon payment of any con-
sideration whatsoever, is available to play or operate,
the play or operation of which, whether by reason of
the skill of the operator or application of the element
of chance, or both, may deliver or entitle the person
playing or operating the machine to receive cash or
tokens to be exchanged for cash or to receive mer-
chandise or any thing of value whatsoever, whether
the payoff is made automatically from the machine
or in any other manner whatsoever, including (but
not limited to) any and all forms of electronic video
games or devices such as video poker, video bingo,
video pull-tabs, video keno, and video blackjack.’’.
SEC. 4. NATIONAL INDIAN GAMING COMMISSION.
(a) ADDITIONAL MEMBERS.—Section 5(b)(1) of the
Indian Gaming Regulatory Act (25 U.S.C. 2704(b)(1)) is
amended—
(1) in the matter preceding subparagraph (A),
by striking ‘‘three’’ and inserting ‘‘five’’;
(2) in subparagraph (A), by striking ‘‘and’’;
(3) in subparagraph (B), by striking the period
at the end and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(C) two associate members who shall be
appointed by the President, with the advice and
consent of the Senate, from among State offi-
cials.’’.
(b) COMPOSITION.—Section 5(b)(3) of such Act (25
U.S.C. 2704(b)(3)) is amended in the first sentence by
striking ‘‘two’’ and inserting ‘‘three’’.
(c) QUORUM.—Section 5(d) of such Act (25 U.S.C.
2704(d)) is amended by striking ‘‘two’’ and inserting
‘‘three’’.
SEC. 5. TRANSFER OF CERTAIN POWERS OF THE CHAIR-
MAN TO THE COMMISSION.
(a) POWERS OF CHAIRMAN.—Section 6(a) of the In-
dian Gaming Regulatory Act (25 U.S.C. 2705(a)) is
amended—
(1) by striking the semicolon at the end of
paragraph (2) and inserting a period; and
(2) by striking paragraphs (3) and (4).
(b) POWERS OF COMMISSION.—Section 7(a) of such
Act (25 U.S.C. 2706(a)) is amended—
(1) in paragraph (4), by striking ‘‘; and’’;
(2) in paragraph (5), by striking the period and
inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(6) by an affirmative vote of not less than 3
members, approve tribal ordinances or resolutions
regulating class II gaming and class III gaming as
provided in section 11; and
‘‘(7) by an affirmative vote of not less than 3
members, approve management contracts for class II
gaming and class III gaming as provided in sections
11(d)(9) and 12.’’.
(c) REPORT.—Section 7(c) of such Act (25 U.S.C.
2706(c)) is amended—
(1) in the matter preceding paragraph (1), by
inserting ‘‘(but not be limited to)’’ after ‘‘include’’;
and
(2) in paragraph (2), by inserting ‘‘(but not
limited to)’’ after ‘‘including’’.
(d) CONFORMING
AMENDMENTS.—Such Act is
amended—
(1) in section 11(b)(2), by striking ‘‘The Chair-
man’’ and inserting ‘‘The Commission’’;
(2) in section 11(d)(1)(A)(iii), by striking ‘‘the
Chairman’’ and inserting ‘‘the Commission’’;
(3) in section 11(d)(2), by striking ‘‘Chairman’’
and inserting ‘‘Commission’’ each place it appears;
(4) in section 12, by striking ‘‘Chairman’’ and
inserting ‘‘Commission’’ each place it appears;
(5) in section 13, by striking ‘‘Chairman’’ and
inserting ‘‘Commission’’ each place it appears; and
(6) in section 14, by striking ‘‘Chairman’’ and
inserting ‘‘Commission’’ each place it appears.
SEC. 6. CLASS II INDIAN GAMING RESTRICTED.
(a) REGULATION
OF CLASS II GAMING.—Section
11(b) of the Indian Gaming Regulatory Act (25 U.S.C.
2710(b)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A), by striking all
that follows after ‘‘entity’’ and inserting the fol-
lowing: ‘‘which conducts the authorized gaming
activity as part of a commercial, for-profit busi-
ness enterprise;’’; and
(B) by redesignating subparagraph (B) as
subparagraph (D) and inserting the following:
‘‘(B) such gaming is not otherwise specifically
prohibited on Indian lands by Federal law;
‘‘(C) permissible gaming is limited to the spe-
cific games and methods of play of gaming activities
expressly authorized by the laws of the State; and’’;
and
(2) in paragraph (2)—
(A) in subparagraph (E), by striking
‘‘and’’ at the end;
(B) in subparagraph (F)—
(i) by amending clause (i) to read as
follows:
‘‘(i) ensures that background investigations
are conducted on all financial backers, inves-
tors, mortgagees, lenders, security holders, and
other such persons or entities as well as on pri-
mary management officials, key employees of
the gaming enterprise, and any other person en-
gaged in the operation of gaming or the ac-
counting of gaming assets and that oversight of
such officials, persons, or entities is conducted
on an ongoing basis; and’’; and
(ii) in clause (ii)—
(I) by amending subclause (I) to
read as follows:
‘‘(I) tribal licenses for primary man-
agement officials, key employees of the
gaming enterprise, and any other person
engaged in the operation of gaming or the
accounting of gaming assets, with prompt
notification to the Commission of the issu-
ance of such licenses;’’; and
(II) by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(G) all gaming activities shall be con-
ducted in conformity with those laws and regu-
lations (if any) of the State regarding specific
games allowed and methods of play, including
(but not limited to) periods of operation, limita-
tion on wagers, pot sizes, and losses.’’.
(b) LICENSING.—Section 11(b)(4)(A) of such Act (25
U.S.C. 2710(b)(4)(A)) is amended to read as follows:
‘‘(4)(A) A tribal ordinance or resolution may provide
for the licensing or regulation of class II gaming activities
owned by any person or entity other than the Indian tribe
and conducted on Indian lands, only if—
‘‘(i) the regulations require that nontribally
owned class II gaming be conducted pursuant to
limitations, including (but not limited to) those on
hours or periods of operation and wager or pot lim-
its, at least as restrictive as those imposed under
State law, and
‘‘(ii) the tribal licensing requirements include
the requirements described in the subclauses of sub-
paragraph (B)(i) and 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. No person or
entity, other than the Indian tribe, shall be eligible
to receive a tribal license to own a class II gaming
activity conducted on Indian lands within the juris-
diction of the Indian tribe if such person or entity
would not be eligible to receive a State license to
conduct the same activity within the jurisdiction of
the State.’’.
SEC. 7. REGULATION OF CLASS III GAMING.
(a) MORATORIUM.—
(1) IN GENERAL.—Except as provided in para-
graph (2), Tribal-State compacts relating to gaming
activities under the Indian Gaming Regulatory Act
(25 U.S.C. 2701 et seq.) may not be entered into
after the date of the enactment of this Act during
the period beginning on such date and ending on the
date on which the Attorney General of the United
States, the Secretary of the Treasury, and the Sec-
retary of the Interior have jointly certified to Con-
gress that all necessary rulemakings have been final-
ized to carry out the intent of the Indian Gaming
Regulatory Act, as amended by this Act.
(2) EXCEPTION.—Subparagraph (A) does not
apply to any Tribal-State compact approved, in writ-
ing, by the Governor of the State concerned.
(b) 
STATE-PERMITTED
ACTIVITIES.—Section
11(d)(1) of the Indian Gaming Regulatory Act (25 U.S.C.
2710(d)(1)) is amended—
(1) by amending subparagraph (B) to read as
follows:
‘‘(B) located in a State that permits the specific
games and methods of play of the gaming activities
expressly authorized by the laws of the State by any
person, organization, or entity which conducts the
authorized gaming activity as part of a commercial,
for-profit business enterprise,’’; and
(2) by redesignating subparagraph (C) as sub-
paragraph (D) and inserting after subparagraph (B)
the following new subparagraph:
‘‘(C) limited to the specific games and methods
of play of gaming activities expressly authorized by
the laws of the State, and’’.
(c) STATE’S RIGHT OF FIRST REFUSAL OPTION.—
Section 
11(d)(3)(A) 
of 
such 
Act 
(25 
U.S.C.
2710(d)(3)(A)) is amended to read as follows:
‘‘(3)(A) Any Indian tribe having jurisdiction over the
Indian lands upon which a class III gaming activity is to
be conducted shall request in writing that the State in
which such lands are located enter into negotiations for
the purpose of entering into a Tribal-State compact gov-
erning the conduct of gaming activities. Upon receiving
such a request, the State may negotiate with the Indian
tribe to enter into such a compact, or, subject to para-
graph (7) of this subsection, decline to enter into negotia-
tions with the Indian tribe by informing the tribe in writ-
ing of such decision before the expiration of the 180-day
period following such request.’’.
(d) TRIBAL-STATE COMPACT STANDARDS.—Section
11(d)(3)(C)(vi) of such Act (25 U.S.C. 2710(d)(3)(C)(vi))
‘‘(ii) a Tribal-State compact has not been en-
tered into under paragraph (3) within one year after
the date that negotiations between the Indian tribe
and the State commenced in good faith, and
‘‘(iii) the specific games and methods of play of
class III gaming activity are expressly authorized by
the laws of the State.
‘‘(C) In any action described in subparagraph (A)(i),
the burden of proof shall be upon the United States to
prove that the State has failed to negotiate with the Indian
tribe in good faith to conclude a Tribal-State compact gov-
erning the conduct of gaming activities. In determining
whether a State has negotiated in good faith, the court—
‘‘(i) may take into account the public interest,
public safety, criminality, financial integrity, and ad-
verse economic impacts on existing gaming activities
on either Indian lands or within the State or States
concerned, or both,
‘‘(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,
‘‘(iii) shall not consider a State’s refusal to ne-
gotiate on terms which differ from State laws and
regulations regarding gaming activities as evidence
of failure to negotiate in good faith, and
‘‘(iv) shall not consider reliance upon a legal in-
terpretation, sufficient under Federal Rules of Civil
Procedure, rule 11, of the requirements of the In-
dian Gaming Regulatory Act as evidence of failure
to negotiate in good faith.
‘‘(D) It shall be a defense to an action brought under
paragraph (3) that—
‘‘(i) the tribe has not conducted negotiations
with the State on a good-faith basis,
‘‘(ii) the tribe has conducted gaming activities
on its lands, or allowed gaming activities to be con-
ducted on its lands, in violation of the provisions of
this Act during a 180-day period preceding initiation
of such action, or
‘‘(iii) the specific games and methods of play of
the class III gaming activity are not expressly au-
thorized by the laws of the State.
‘‘(E) If, in any action described in subparagraph
(A)(i), the court finds that the State has failed to nego-
tiate in good faith with the Indian tribe to conclude a
Tribal-State compact governing the conduct of gaming ac-
tivities, the court shall order the State and the Indian
tribe to conclude such a compact within a 60-day period.
‘‘(F) If a State and an Indian tribe fail to conclude
a Tribal-State 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 subparagraph (E), the
Indian tribe and the State shall each submit to a mediator
appointed by the court a proposed compact that represents
their last best offer for a compact. The mediator shall se-
lect from the two proposed compacts the one which best
comports with the terms of this Act and any other applica-
ble Federal law and with the findings and order of the
court.
‘‘(G) The mediator appointed by the court under sub-
paragraph (F) shall submit to the State and the Indian
tribe the compact selected by the mediator under subpara-
graph (F).
‘‘(H) If a State consents to a proposed compact dur-
ing the 60-day period beginning on the date on which the
proposed compact is submitted by the mediator to the
State under subparagraph (G), the proposed compact shall
be treated as a Tribal-State compact entered into under
paragraph (3).
‘‘(I) If the State does not consent during the 60-day
period described in subparagraph (H) to a proposed com-
pact submitted by a mediator under subparagraph (G),
the mediator shall notify the Secretary and the Secretary
shall prescribe, in consultation with the Indian tribe, pro-
cedures—
‘‘(i) which are consistent with the proposed
compact selected by the mediator under subpara-
graph (F), the provisions of this Act, and the rel-
evant provisions of the laws of the State, and
‘‘(ii) under which class III gaming may be con-
ducted on the Indian lands over which the Indian
tribe has jurisdiction.
‘‘(J) If the State expressly declines to negotiate for
a Tribal-State compact pursuant to paragraph (3)(A), or
if the State does not consent during the 60-day period de-
scribed in subparagraph (H) to a proposed compact sub-
mitted by a mediator under subparagraph (G), the tribe,
in the former case, may notify the Secretary, or the medi-
ator, in the latter case, shall notify the Secretary and the
Secretary shall prescribe upon such notification, in con-
sultation with the Indian tribe, procedures—
‘‘(i) which are consistent with, where applicable,
the proposed compact selected by the mediator
under subparagraph (F), the provisions of this Act,
and the relevant provisions of the laws of the State,
and
‘‘(ii) under which class III gaming may be con-
ducted on the Indian lands over which the tribe has
jurisdiction.
‘‘(K) For the purposes of this section, failure of the
State to expressly decline a tribal request to enter into
negotiations for a Tribal-State compact within the 180-
day period under paragraph (3)(A) shall be deemed a dec-
lination, whereupon the tribe may notify the Secretary
under subparagraph (J) for the prescription of procedures
allowing for class III gaming.
‘‘(L) A mediator appointed by the court may not se-
lect a proposed compact within a State that violates an
existing law of that State regulating class III gaming, or
construe an authorization by a State of one form of class
III gaming as an authorization for all forms of class III
gaming.’’.
(f) CHANGES IN STATE OR TRIBAL LAW.—Section
11(d) of such Act (25 U.S.C. 2710(d)) is amended by add-
ing at the end the following:
‘‘(10) Except as provided by paragraph (2)(D), a
State or tribe may request in writing to enter into negotia-
tions based on the enactment or adoption of a State law
or tribal ordinance or resolution that amends, repeals, or
otherwise affects a Tribal-State compact in effect pursu-
ant to this subsection. A request under this paragraph
shall be treated as a request made under paragraph (3),
except that the Tribal-State compact shall remain in effect
and gaming may be conducted pursuant to such compact
during the negotiation process.’’.
SEC. 8. NONRESERVATION LANDS; GAMING ON AFTER AC-
QUIRED LANDS.
(a) PROHIBITION.—Subsection (a) of section 20 of
the Indian Gaming Regulatory Act (25 U.S.C. 2719(a))
is amended to read as follows:
‘‘(a) Gaming regulated by this Act shall not be con-
ducted on Indian lands which, on or after October 17,
1988, are acquired by any Indian tribe, are taken into
trust by the United States, or are first subject to a restric-
tion against alienation by the United States unless—
‘‘(1) such lands are located in Oklahoma and
are within the boundaries of the Indian tribe’s
former reservation, as defined by the Secretary, or
‘‘(2) such lands are located in a State other
than Oklahoma and are within the Indian tribe’s
last recognized reservation within the State or
States within which such Indian tribe is presently lo-
cated.’’.
(b) REPEAL.—Subsection (b) of section 20 of the In-
dian Gaming Regulatory Act (25 U.S.C. 2719(a)) is re-
pealed and subsections (c) and (d) are redesignated as
subsections (b) and (c), respectively.
SEC. 9. REPORTING AND BOOKKEEPING.
The Indian Gaming Regulatory Act (25 U.S.C. 2701
et seq.) is amended by inserting after section 21 the fol-
lowing new section:
‘‘REPORTING AND BOOKKEEPING
‘‘SEC. 21A. (a) Within 90 days after the date of the
enactment of this section, the Secretary of the Treasury
shall issue such regulations as may be necessary to require
gaming establishments authorized pursuant to this Act to
be subject to such reporting and recordkeeping require-
ments as those which are applicable to a casino or gam-
bling casino referred to in section 103.11(i)(7)(i) of part
103 of title 31 of the Code of Federal Regulations in order
to ensure a high degree of usefulness in criminal, tax, and
regulatory matters.
‘‘(b) In the administration of this Act, an authoriza-
tion provided by a State for one form of class III gaming
shall not be construed as an authorization of all forms of
class III gaming for purposes of negotiations between a
State and a tribe.
‘‘(c) In the administration of this Act, the United
States district courts shall have sole jurisdiction over con-
tract disputes between tribes and contract operators of In-
dian gaming establishments.’’.
SEC. 10. BACKGROUND INVESTIGATIONS.
(a) ROLE
OF ATTORNEY GENERAL.—The Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.), as
amended by section 9 of this Act, is amended by inserting
after section 21A the following new section:
‘‘BACKGROUND INVESTIGATIONS
‘‘SEC. 21B. (a) The Attorney General shall conduct
such background investigations as may be necessary—
‘‘(1) to determine the suitability of each individ-
ual, person or entity (including individuals compris-
ing such entity, serving on the board of directors of
a corporation, and stockholders of a corporation)
listed in section 12(a)(1)(A) to be involved in class
III gaming activities under this Act;
‘‘(2) to determine the suitability of any finan-
cial backer, investor, mortgagee, lender, security
holder, or other such person or entity to be involved
in class III gaming activities under this Act;
‘‘(3) to determine the suitability of any primary
management official, or key employee of a class III
gaming activity under this Act, or any other person
or entity engaged in class III gaming activities, or
the accounting of class III gaming assets, under this
Act, to continue to engage in such activities;
‘‘(4) to assist the Commission in carrying out
sections 7(b) and 12; and
‘‘(5) otherwise necessary with respect to imple-
menting class III gaming activities pursuant to this
Act.
‘‘(b) For the purposes of this Act, a background in-
vestigation shall include (but not be limited to)—
‘‘(1) criminal history, especially criminal history
with respect to organized crime;
‘‘(2) taxpayer return and return information;
‘‘(3) immigration information;
‘‘(4) records, held by any entity of the Federal
Government, which are not described in paragraphs
(1), (2), or (3); and
‘‘(5) records held by State entities.
‘‘(c) For the purposes of subsection (b)—
‘‘(1) the Attorney General is authorized to uti-
lize the system devised under section 242(a)(3)(A)(i)
of the Immigration and Nationality Act to determine
if an individual is an alien; and
‘‘(2) returns and return information (as such
terms are defined in section 6103(b) of the Internal
Revenue Code of 1986) shall be open to inspection
by, or disclosure to, the Attorney General and other
officers and employees of the Department of Justice
and the Commission, subject to the procedures and
recordkeeping required under subsection (p) of such
section 6103(b).
‘‘(d) Upon application by any State to the Attorney
General that such State is willing and able to conduct any
or all background investigations required by this section
regarding Class III gaming, the Attorney General is au-
thorized, if the Attorney General determines that such
State is willing and able to conduct such investigations,
to permit that State to conduct such investigations as are
authorized by the Attorney General.’’.
(b) CONFORMING AMENDMENTS.—(1) Paragraph (3)
of section 7(b) of such Act (25 U.S.C. 2706(b)) is amend-
ed to read as follows:
‘‘(3) in consultation with the Attorney General,
shall conduct or cause to be conducted such back-
ground investigations as may be necessary to carry
out the duties of the Commission under this Act
with respect to class II gaming;’’.
(2) Section 12 of such Act (25 U.S.C. 2711), as
amended by section 5 of this Act, is amended—
(A) in subsection (a)(1), by striking ‘‘the Com-
mission shall’’ and inserting ‘‘the Commission, in
consultation with the Attorney General pursuant to
section 21B, shall’’; and
(B) in subsection (e), by striking ‘‘the Commis-
sion determines’’ and inserting ‘‘the Commission, in
consultation with the Attorney General pursuant to
section 21B, determines’’.
SEC. 11. CRIMINAL LAWS.
Section 1166 of title 18, United States Code, is
amended to read as follows:
‘‘§ 1166. Gambling Indian country
‘‘(a) Subject to subsection (c), for purposes of Fed-
eral law, all State laws pertaining to the licensing, regula-
tion, or prohibition of gambling, including (but not limited
to) criminal sanctions applicable thereto, shall apply in In-
dian country in the State in the same manner and to the
same extent as such laws apply elsewhere in the State.
‘‘(b) Whoever in Indian country is guilty of any act
or omission involving gambling, whether or not conducted
or sanctioned by an Indian tribe, which, although not
made punishable by any enactment of Congress, would be
punishable if committed or omitted within the jurisdiction
of the State in which the act or omission occurred, under
the laws governing the licensing, regulation, or prohibition
of gambling in force at the time of such act or omission,
shall be guilty of a like offense and subject to a like
punishment.
‘‘(c) For the purpose of this section, the term ‘gam-
bling’ does not include—
‘‘(1) class I gaming or class II gaming regu-
lated by the Indian Gaming Regulatory Act, or
‘‘(2) class III gaming conducted under a Tribal-
State compact approved by the Secretary of the In-
terior under section 11(d)(8) of the Indian Gaming
Regulatory Act that is in effect.
‘‘(d) The United States shall have exclusive jurisdic-
tion over criminal prosecutions of violations of State gam-
bling laws that are made applicable under this section to
Indian country, unless—
‘‘(1) an Indian tribe pursuant to a Tribal-State
compact approved by the Secretary of the Interior
under section 11(d)(8) of the Indian Gaming Regu-
latory Act, or under any other provision of Federal
law, has consented to the transfer to the State of
criminal jurisdiction with respect to gambling on the
lands of the Indian tribe, or
‘‘(2) authority has been granted to a State to
enforce the criminal laws of the State on Indian
lands within the State pursuant to section 1162 of
this title, or any other provision of Federal law
which authorizes exercise of such criminal jurisdic-
tion by a State, which authority shall be concurrent
with the United States with respect to violations also
made violations of Federal law under subsection (a)
of this section.’’.
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HR 2287 SC——2