I 
108TH CONGRESS 
2D SESSION 
H. R. 3745
To amend the Indian Gaming Regulatory Act to require State legislature 
approval of new gambling facilities, to provide for minimum requirements 
for Federal regulation of Indian gaming, to set up a commission to 
report to Congress on current living and health standards in Indian 
country, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 28, 2004
Mr. SHAYS (for himself and Mr. WOLF) introduced the following bill; which 
was referred to the Committee on Resources 
A BILL 
To amend the Indian Gaming Regulatory Act to require 
State legislature approval of new gambling facilities, to 
provide for minimum requirements for Federal regulation 
of Indian gaming, to set up a commission to report 
to Congress on current living and health standards in 
Indian country, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Tribal and Local Com-
munities Relationship Improvement Act’’.
SEC. 2. STATE LEGISLATIVE APPROVAL NEEDED FOR GAM-
ING UNDER CERTAIN COMPACTS AND EXCEP-
TION. 
(a) IN GENERAL.—Section 11(d)(3) of the Indian 
Gaming Regulatory Act (25 U.S.C. 2710(d)(3)) is amend-
ed by adding at the end the following new subparagraph: 
‘‘(D) Any Tribal-State compact approved after 
the date of the enactment of the Tribal and Local 
Communities Relationship Improvement Act shall 
not be valid unless approved by the Governor and 
the State legislature of the State with which the 
Tribal-State compact was negotiated. This subpara-
graph shall not apply to a Tribal-State compact that 
is a renewal or renegotiation of a Tribal-State com-
pact that was in effect on the date of the enactment 
of the Tribal and Local Communities Relationship 
Improvement Act if the renewed or renegotiated 
Tribal-State compact does not include new terms or 
provisions which result in an expansion of the gam-
ing operations covered by the Tribal-State compact 
that was in effect on the date of the enactment of 
the Tribal and Local Communities Relationship Im-
provement Act.’’. 
(b) APPROVAL REQUIRED FOR GAMING UNDER EX-
CEPTION.—
(1) IN
GENERAL.—The Advisory Committee 
shall be composed of 8 members who shall be ap-
pointed by the President not later than 120 days 
after the date of the enactment of this Act, of 
which—
(A) 3 members, selected from a list of rec-
ommendations submitted to the President by 
the chairperson and vice chairperson of the 
Committee on Indian Affairs of the Senate and 
the chairperson and ranking minority member 
of the Committee on Resources of the House of 
Representatives, shall be members of, and rep-
resent, Indian tribal governments involved in 
gaming covered under the Indian Gaming Reg-
ulatory Act; 
(B) 3 members, selected from a list of rec-
ommendations submitted to the President by 
the majority leader and the minority leader of 
the Senate and the Speaker and the minority 
leader of the House of Representatives, shall 
represent State governments involved in gaming 
covered under the Indian Gaming Regulatory 
Act, and shall have experience as State gaming 
regulators; and
(C) 2 members shall be employees of the 
Department of Justice. 
(2) VACANCIES.—Any vacancy on the Advisory 
Committee shall not affect its powers, but shall be 
filled in the same manner as the original appoint-
ment. 
(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 sub-
section (b), the Advisory Committee shall develop 
and submit to the entities referred to in paragraph 
(2) recommendations for minimum Federal stand-
ards as described in subsection (d). 
(2) RECIPIENTS OF RECOMMENDATIONS.—The 
Advisory Committee shall submit the recommenda-
tions required by paragraph (1) to the Committee on 
Indian Affairs of the Senate, the Committee on Re-
sources of the House of Representatives, the Na-
tional Indian Gaming Commission, and each feder-
ally recognized Indian tribe. 
(3) FACTORS FOR CONSIDERATION.—The min-
imum Federal standards recommended pursuant to 
this subsection—
(A) may be developed taking into account 
industry standards existing at the time of the 
development of the standards; and 
(B) shall be developed taking into ac-
count—
(i) the unique nature of tribal gaming 
as compared to non-Indian commercial, 
governmental, and charitable gaming; 
(ii) the broad variations in the scope 
and size of tribal gaming activity; and 
(iii) the inherent sovereign right of In-
dian tribes to regulate their own affairs. 
(d) REGULATIONS.—Upon receipt of the rec-
ommendations of the Advisory Committee, the National 
Indian Gaming Commission shall hold public hearings on 
the recommendations. After the conclusion of the hear-
ings, the Commission shall promulgate regulations estab-
lishing minimum Federal regulatory requirements sub-
stantially in accordance with the recommendations made 
by the Advisory Committee, taking into consideration pub-
lic comment when appropriate. Such regulations shall in-
clude requirements for—
(1) background investigations, licensing of per-
sons, and licensing of gaming operations associated 
with the conduct or regulation of class II and class
III gaming on Indian lands by tribal governments; 
and 
(2) the operation of class II and class III gam-
ing activities on Indian lands, including—
(A) surveillance and security personnel and 
systems capable of monitoring all gaming activi-
ties, including the conduct of games, cashiers’ 
cages, change booths, count rooms, movements 
of cash and chips, entrances and exits to gam-
ing facilities, and other critical areas of any 
gaming facility; 
(B) procedures for the protection of the in-
tegrity of the rules for the play of games and 
controls related to such rules; 
(C) credit and debit collection controls; 
(D) controls over gambling devices and 
equipment; and 
(E) accounting and auditing. 
(e) TRAVEL.—Each member of the Advisory Com-
mittee 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 sub-
sistence expenses during the performance of duties of the 
Advisory Committee while away from the home or the reg-
ular place of business of that member, in accordance with 
subchapter I of chapter 57 of title 5, United States Code. 
(f) TERMINATION.—The Advisory Committee shall 
terminate 10 days after the Advisory Committee submits 
the recommendations under subsection (c). 
(g) EXEMPTION FROM FEDERAL ADVISORY COM-
MITTEE ACT.—All activities of the Advisory Committee 
shall be exempt from the Federal Advisory Committee Act 
(5 U.S.C. App.). 
SEC. 5. COMMISSION ON NATIVE AMERICAN POLICY. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘Commission on Native Amer-
ican Policy’’ (in this section referred to as the ‘‘Commis-
sion’’). 
(b) MEMBERSHIP.—The Commission shall be com-
posed of 13 members appointed for the life of the Commis-
sion as follows: 
(1) A representative from the National Gov-
ernors’ Association, chosen by the members of that 
association. 
(2) A representative from the National Associa-
tion of Attorneys General, chosen by the members of 
that association. 
(3) The Attorney General, or a designee.
(4) The Secretary of the Treasury, or a des-
ignee. 
(5) The Secretary of the Interior, or a designee. 
(6) The Secretary of Commerce, or a designee. 
(7) The Chairman of the National Indian Gam-
ing Commission, or a designee. 
(8) 1 representative from Indian tribes that op-
erate Indian gaming facilities, appointed by the ma-
jority leader of the House of Representatives and the 
majority leader of the Senate. 
(9) 1 representative from Indian tribes that do 
not operate Indian gaming facilities, appointed by 
the majority leader of the House of Representatives 
and the majority leader of the Senate. 
(10) 1 representative from Indian tribes that 
operate Indian gaming facilities, appointed by the 
minority leader of the House of Representatives and 
the minority leader of the Senate. 
(11) 1 representative from Indian tribes that do 
not operate Indian gaming facilities, appointed by 
the minority leader of the House of Representatives 
and the minority leader of the Senate. 
(12) 1 representative from a unit of local gov-
ernment that is located near an Indian gaming facil-
ity appointed by the majority leader of the House of
Representatives and the majority leader of the Sen-
ate. 
(13) 1 representative from the chamber of com-
merce of a unit of local government that is located 
near an Indian gaming facility appointed by the ma-
jority leader of the House of Representatives and the 
majority leader of the Senate. 
(c) VACANCIES.—A vacancy in the Commission shall 
be filled in the manner in which the original appointment 
was made. 
(d) QUORUM.—A majority of the members of the 
Commission shall constitute a quorum but a lesser number 
may hold hearings. 
(e) CHAIRPERSON.—The Chairperson of the Commis-
sion shall be elected by the members of the Commission. 
The term of office of the Chairperson shall be for the life 
of the Commission. 
(f) BASIC PAY.—
(1) COMPENSATION OF MEMBERS.—Each mem-
ber of the Commission who is not an officer or em-
ployee of the Federal Government, or whose com-
pensation is not precluded by a State, local, or Na-
tive American tribal government position, shall be 
compensated at a rate equal to the daily equivalent 
of the annual rate of basic pay prescribed for Level
IV of the Executive Schedule under section 5315 of 
title 5, United States Code, for each day (including 
travel time) during which such member is engaged 
in the performance of the duties of the Commission. 
All members of the Commission who are officers or 
employees of the United States shall serve without 
compensation in addition to that received for their 
services as officers or employees of the United 
States. 
(2) TRAVEL EXPENSES.—The members of the 
Commission shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while 
away from their homes or regular places of business 
in the performance of service for the Commission. 
(g) HEARINGS AND SESSIONS.—
(1) IN GENERAL.—The Commission may, for 
the purpose of carrying out its duties, hold hearings, 
sit and act at times and places, take testimony, and 
receive evidence as the Commission considers appro-
priate. The Commission may administer oaths or af-
firmations to witnesses appearing before it. 
(2) WITNESS EXPENSES.—Witnesses requested 
to appear before the Commission shall be paid the
same fees as are paid to witnesses under section 
1821 of title 28, United States Code. The per diem 
and mileage allowances for witnesses shall be paid 
from funds appropriated to the Commission. 
(h) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission may, if authorized by the 
Commission, take any action which the Commission is au-
thorized to take by this section. 
(i) OBTAINING OFFICIAL DATA.—The Commission 
may secure directly from any department or agency of the 
United States information necessary to enable it to carry 
out its duties. Upon request of the Chairperson of the 
Commission, the head of that department or agency shall 
furnish that information to the Commission. 
(j) MAILS.—The Commission may use the United 
States mails in the same manner and under the same con-
ditions as other departments and agencies of the United 
States. 
(k) ADMINISTRATIVE SUPPORT SERVICES.—Upon 
the request of the Commission, the Administrator of Gen-
eral Services shall provide to the Commission, on a reim-
bursable basis, the administrative support services nec-
essary for the Commission to carry out its duties. 
(l) SUBPOENA POWER.—
(1) IN GENERAL.—If a person fails to supply 
information requested by the Commission, the Com-
mission may by majority vote require by subpoena 
the production of any written or recorded informa-
tion, document, report, answer, record, account, 
paper, computer file, or other data or documentary 
evidence necessary to carry out its duties. The Com-
mission shall transmit to the Attorney General a 
confidential, written notice at least 10 days in ad-
vance of the issuance of any such subpoena. A sub-
poena under this paragraph may require the produc-
tion of materials from any place within the United 
States. 
(2) INTERROGATORIES.—The Commission may, 
with respect only to information necessary to under-
stand any materials obtained through a subpoena 
under paragraph (1), issue a subpoena requiring the 
person producing such materials to answer, either 
through a sworn deposition or through written an-
swers provided under oath (at the election of the 
person upon whom the subpoena is served), to inter-
rogatories from the Commission regarding such in-
formation. A complete recording or transcription 
shall be made of any deposition made under this 
paragraph.
(3) CERTIFICATION.—Each person who submits 
materials or information to the Commission pursu-
ant to a subpoena issued under paragraph (1) or (2) 
shall certify to the Commission the authenticity and 
completeness of all materials or information sub-
mitted. The provisions of section 1001 of title 18, 
United States Code, shall apply to any false state-
ments made with respect to the certification required 
under this paragraph. 
(4) TREATMENT
OF
SUBPOENAS.—Any sub-
poena issued by the Commission under paragraph 
(1) or (2) shall comply with the requirements for 
subpoenas issued by a United States district court 
under the Federal Rules of Civil Procedure. 
(5) FAILURE TO OBEY A SUBPOENA.—If a per-
son refuses to obey a subpoena issued by the Com-
mission under paragraph (1) or (2), the Commission 
may apply to a United States district court for an 
order requiring that person to comply with such sub-
poena. The application may be made within the judi-
cial district in which that person is found, resides, 
or transacts business. Any failure to obey the order 
of the court may be punished by the court as civil 
contempt.
(m) IMMUNITY.—The Commission is an agency of the 
United States for the purpose of part V of title 18, United 
States Code (relating to immunity of witnesses). Except 
as provided in this subsection, a person may not be ex-
cused from testifying or from producing evidence pursuant 
to a subpoena on the ground that the testimony or evi-
dence required by the subpoena may tend to incriminate 
or subject that person to criminal prosecution. A person, 
after having claimed the privilege against self-incrimina-
tion, may not be criminally prosecuted by reason of any 
transaction, matter, or thing which that person is com-
pelled to testify about or produce evidence relating to, ex-
cept that the person may be prosecuted for perjury com-
mitted during the testimony or made in the evidence. 
(n) CONTRACT AUTHORITY.—To the extent or in the 
amounts provided in advance in appropriation Acts, the 
Commission may contract with and compensate govern-
ment and private agencies or persons for services, without 
regard to section 3709 of the Revised Statutes (41 U.S.C. 
5). 
(o) STUDY; REPORT.—
(1) STUDY.—Not later than 18 months after 
funds are first made available for this section, the 
Commission shall complete a study on the following:
(A) Living standards in Indian country, in-
cluding health, infrastructure, economic devel-
opment, educational opportunities, and housing. 
(B) The effectiveness of current Federal 
programs designed to improve living standards 
in Indian country, including health, infrastruc-
ture, economic development, educational oppor-
tunities, and housing. 
(C) Crime control on Indian reservations. 
(D) The influence of non-Native American 
private investors on the Indian Federal recogni-
tion process. 
(E) The influence of non-Native American 
private investors on the establishment and oper-
ation of Indian gaming facilities. 
(F) The influence of organized crime on 
Indian gaming. 
(G) The impact of Indian gaming facilities 
on local communities, including the impact on 
economic, environmental, and social issues. 
(2) REPORT.—Not later than 6 months after 
completion of the study required by paragraph (1), 
the Commission shall submit to Congress a report 
containing a detailed statement of the findings and
conclusions of the Commission, together with its leg-
islative recommendations for improving—
(A) the welfare of Native Americans, in-
cluding health infrastructure, economic develop-
ment, educational opportunities, and housing; 
(B) the relationship between tribal entities 
and nontribal communities that live in the same 
area as tribal entities or Indian gaming facili-
ties; and 
(C) regulations that govern tribal gaming 
to reduce the potential for crime and exploi-
tation of Indians and Indian tribes. 
(p) TERMINATION.—The Commission shall terminate 
30 days after submitting its final report pursuant this sec-
tion.
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