[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2232 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2232

To amend the Indian Gaming Regulatory Act of 1988 to revise the fee cap 
on National Indian Gaming Commission funding and make certain technical 
                              amendments.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 25, 2004

Mr. Campbell (by request) introduced the following bill; which was read 
         twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the Indian Gaming Regulatory Act of 1988 to revise the fee cap 
on National Indian Gaming Commission funding and make certain technical 
                              amendments.

    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 of 2004''.

SEC. 2. DEFINITIONS.

    Section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703) is 
amended--
            (1) by redesignating paragraphs (3), (4), (5), (6), (7), 
        (8), and (10), as paragraphs (6), (7), (8), (3), (4), (5), and 
        (11), respectively; and
            (2) by inserting after paragraph (9) the following:
            ``(10) Regulated person or entity.--The term `regulated 
        person or entity' means--
                    ``(A) an Indian tribe;
                    ``(B) a tribal operator of an Indian gaming 
                operation;
                    ``(C) a management contractor engaged in Indian 
                gaming;
                    ``(D) any person that is associated with--
                            ``(i) a gaming operation, or any part of a 
                        gaming operation, of an Indian tribe; or
                            ``(ii) a gaming-related contractor of an 
                        Indian tribe; and
                    ``(E) any person that--
                            ``(i) agrees, by contract or otherwise, to 
                        provide a tribal gaming operation with 
                        supplies, a service, or a concession with an 
                        estimated value in excess of $25,000 annually 
                        (not including a contract for a legal or 
                        accounting service, commercial banking service, 
                        or public utility service); or
                            ``(ii) requests a suitability determination 
                        by the Commission, or by an Indian tribe or 
                        State, as part of an effort--
                                    ``(I) to acquire a direct financial 
                                interest in, or management 
                                responsibility for, a management 
                                contract for operation of a tribal 
                                gaming facility; or
                                    ``(II) to participate in a gaming-
                                related activity that requires a 
                                licensing decision by an Indian tribe 
                                or State.''.

SEC. 3. NATIONAL INDIAN GAMING COMMISSION.

    Section 5 of the Indian Gaming Regulatory Act (25 U.S.C. 2704) is 
amended--
            (1) in subsection (b)(2)--
                    (A) in subparagraph (A), by striking ``(A)''; and
                    (B) by striking subparagraph (B);
            (2) by striking subsection (c) and inserting the following:
    ``(c) Vacancies.--
            ``(1) In general.--A vacancy on the Commission shall be 
        filled in the same manner as the original appointment.
            ``(2) Service after expiration of term.--A member may serve 
        after the expiration of the member's term at the pleasure of 
        the officer of the United States who appointed the member.''; 
        and
            (3) in the second sentence of subsection (e), by striking 
        ``during meetings of the Commission in the absence of the 
        Chairman'' and inserting ``in the absence of, or during any 
        period of disability of, the Chairman''.

SEC. 4. POWERS OF CHAIRMAN.

    Section 6 of the Indian Gaming Regulatory Act (25 U.S.C. 2705) is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``, on behalf of the Commission,'';
                    (B) in paragraph (3), by striking ``and'' at the 
                end;
                    (C) in paragraph (4), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(5) to issue to a regulated person or entity an order 
        that--
                    ``(A) requires an accounting and disgorgement, with 
                interest;
                    ``(B) reprimands or censures; or
                    ``(C) places a limitation on a gaming activity or 
                gaming function.''; and
            (2) by adding at the end the following:
    ``(c) Delegation.--The Chairman may delegate to any member of the 
Commission, on such terms and conditions as the Chairman may determine, 
any power of the Chairman under subsection (a).
    ``(d) Manner of Exercise.--Authority under subsection (a) shall be 
exercised in a manner that is consistent with--
            ``(1) due process of law;
            ``(2) this Act; and
            ``(3) the rules, findings, and determinations made by the 
        Commission in accordance with applicable law.''.

SEC. 5. POWERS OF THE COMMISSION.

    Section 7 of the Indian Gaming Regulatory Act (25 U.S.C. 2706) is 
amended--
            (1) in subsection (a)(5), by striking ``permanent'' and 
        inserting ``final'';
            (2) in subsection (b)--
                    (A) in paragraphs (1), (2), and (4), by inserting 
                ``and class III gaming'' after ``class II gaming'';
                    (B) in paragraph (9), by striking ``and'' at the 
                end;
                    (C) in paragraph (10), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(11) may, in case of contumacy by, or refusal to obey any 
        subpoena issued to, any person, request the Attorney General to 
        invoke the jurisdiction of any court of the United States, 
        within the geographical jurisdiction of which a person to whom 
        the subpoena was directed is an inhabitant, is domiciled, is 
        organized, has appointed an agent for service of process, 
        transacts business, or is found, to compel compliance with the 
        subpoena to require the attendance and testimony of witnesses 
        and the production of records; and
            ``(12) subject to subsection (c), may accept gifts on 
        behalf of the Commission.''; and
            (3) by striking subsection (c) and inserting the following:
    ``(c) Gifts.--
            ``(1) In general.--The Commission shall not accept a gift--
                    ``(A) that attaches a condition that is 
                inconsistent with any applicable law (including a 
                regulation); or
                    ``(B) that is conditioned on, or will require, the 
                expenditure of appropriated funds that are not 
                available to the Commission.
            ``(2) Regulations.--The Commission shall promulgate 
        regulations specifying the criteria to be used to determine 
        whether the acceptance of a gift would--
                    ``(A) adversely affect the ability of the 
                Commission or any employee of the Commission to carry 
                out the duties of the Commission in a fair and 
                objective manner; or
                    ``(B) compromise the integrity or the appearance of 
                the integrity of any official involved in a program of 
                the Commission.
    ``(d) Regulatory Plan.--
            ``(1) In general.--The Commission shall develop a 
        nonbinding regulatory plan for use in carrying out activities 
        of the Commission.
            ``(2) Treatment.--In developing the regulatory plan, the 
        Commission shall not be bound by chapter 6 of title 5, United 
        States Code.
            ``(3) Contents.--The regulatory plan shall include--
                    ``(A) a comprehensive mission statement describing 
                the major functions and operations of the Commission;
                    ``(B) a description of the goals and objectives of 
                the Commission;
                    ``(C) a description of the general means by which 
                those goals and objectives are to be achieved, 
                including a description of the operational processes, 
                skills, and technology and the human resources, 
                capital, information, and other resources required to 
                achieve those goals and objectives;
                    ``(D) a performance plan for achievement of those 
                goals and objectives, including provision for a report 
                on the actual performance of the Commission as measured 
                against the goals and objectives;
                    ``(E) an identification of the key factors that are 
                external to, or beyond the control of, the Commission 
                that could significantly affect the achievement of 
                those goals and objectives; and
                    ``(F) a description of the program evaluations used 
                in establishing or revising those goals and objectives, 
                including a schedule for future program evaluations.
            ``(4) Duration.--The regulatory plan shall cover a period 
        of not less than 5 fiscal years, beginning with the fiscal year 
        in which the plan is developed.
            ``(5) Revision.--The regulatory plan shall be revised 
        biennially.''.

SEC. 6. COMMISSION STAFFING.

    Section 8 of the Indian Gaming Regulatory Act (25 U.S.C. 2707) is 
amended--
            (1) in subsection (a), by striking ``basic pay payable for 
        GS-18 of the General Schedule under section 5332 of title 5'' 
        and inserting ``pay payable for level IV of the Executive 
        Schedule under section 5315 of title 5, United States Code, as 
        adjusted under section 5318 of that title'';
            (2) in the second sentence of subsection (b), by striking 
        ``basic pay payable for GS-17 of the General Schedule under 
        section 5332 of that title'' and inserting ``pay payable for 
        level IV of the Executive Schedule under section 5315 of title 
        5, United States Code, as adjusted under section 5318 of that 
        title''; and
            (3) in subsection (c), by striking ``basic pay payable for 
        GS-18 of the General Schedule'' and inserting ``pay payable for 
        level IV of the Executive Schedule under section 5315 of title 
        5, United States Code, as adjusted under section 5318 of that 
        title''.

SEC. 7. TRIBAL GAMING ORDINANCES.

    Section 11 of the Indian Gaming Regulatory Act (25 U.S.C. 2710) is 
amended--
            (1) in subsection (b)(2)(F)(i)--
                    (A) by inserting ``tribal gaming commissioners, key 
                tribal gaming commission employees, and'' after 
                ``conducted on'';
                    (B) by inserting ``primary management officials and 
                key employees'' after ``oversight of''; and
                    (C) by striking ``such officials and their 
                management''; and
            (2) in subsection (d)(9), by striking ``the provisions of 
        subsections (b), (c), (d), (f), (g), and (h) of''.

SEC. 8. MANAGEMENT CONTRACTS.

    Section 12(a)(1) of the Indian Gaming Regulatory Act (25 U.S.C. 
2711(a)(1)) is amended by inserting ``or a class III gaming activity 
that the Indian tribe may engage in under section 11(d)'' after 
``section 11(b)(1)''.

SEC. 9. CIVIL PENALTIES.

    Section 14 of the Indian Gaming Regulatory Act (25 U.S.C. 2713) is 
amended--
            (1) by striking the section heading and all that follows 
        through ``provide such tribal operator or management 
        contractor'' in subsection (a)(3) and inserting the following:

``SEC. 14. CIVIL PENALTIES.

    ``(a) In General.--
            ``(1) Levy and collection.--Subject to such regulations as 
        the Commission may promulgate, the Chairman shall have 
        authority to--
                    ``(A) levy and collect appropriate civil fines, not 
                to exceed $25,000 per violation, per day;
                    ``(B) issue orders requiring accounting and 
                disgorgement, including interest; and
                    ``(C) issue orders of reprimand, censure, or the 
                placement of limitations on gaming activities and 
                functions of any regulated person or entity for any 
                violation of any provision of this Act, Commission 
                regulations, or tribal regulations, ordinances, or 
                resolutions approved under section 11 or 13.
            ``(2) Appeal.--The Commission shall by regulation provide 
        an opportunity for an appeal and hearing before the Commission 
        of an action taken under paragraph (1).
            ``(3) Complaint.--If the Commission has reason to believe 
        that a regulated person or entity is engaged in activities 
        regulated by this Act (including regulations promulgated under 
        this Act), or by tribal regulations, ordinances, or resolutions 
        approved under section 11 or 13, that may result in the 
        imposition of a fine under subsection (a)(1), the permanent 
        closure of a game, or the modification or termination of a 
        management contract, the Commission shall provide the regulated 
        person or entity.'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``game'' and 
                inserting ``gaming operation, or any part of a gaming 
                operation,''; and
                    (B) in paragraph (2)--
                            (i) in the first sentence, by striking 
                        ``permanent'' and inserting ``final''; and
                            (ii) in the second sentence, by striking 
                        ``order a permanent closure of the gaming 
                        operation'' and inserting ``make final the 
                        order of closure''; and
            (3) in subsection (c), by striking ``permanent closure'' 
        and inserting ``closure, accounting, disgorgement, reprimand, 
        or censure or placement of a limitation on a gaming activity or 
        function''.

SEC. 10. SUBPOENA AND DEPOSITION AUTHORITY.

    Section 16 of the Indian Gaming Regulatory Act (25 U.S.C. 2715) is 
amended--
            (1) by striking subsection (c) and inserting the following:
    ``(c) Judicial Enforcement.--On application of the Attorney 
General, a district court of the United States shall have jurisdiction 
to issue a writ of mandamus, injunction, or order commanding any person 
to comply with this Act.'';
            (2) by redesignating subsections (d), (e), and (f) as 
        subsections (e), (f), and (g), respectively, and inserting 
        after subsection (c) the following:
    ``(d) Failure To Obey Subpoena.--
            ``(1) In general.--In case of a failure to obey a subpoena 
        issued by the Commission or the Chairman and on request of the 
        Commission or Chairman, the Attorney General may apply to the 
        United States District Court for the District of Columbia or 
        any United States district court within the geographical 
        jurisdiction of which a person to whom the subpoena was 
        directed is an inhabitant, is domiciled, is organized, has 
        appointed an agent for service of process, transacts business 
        or is found, to compel compliance with the subpoena.
            ``(2) Remedies.--On application under paragraph (1), the 
        court shall have jurisdiction to--
                    ``(A) issue a writ commanding the person to comply 
                with the subpoena; or
                    ``(B) punish a failure to obey the writ as a 
                contempt of court.
            ``(3) Process.--Process to a person in any proceeding under 
        this subsection may be served wherever the person may be found 
        in the United States or as otherwise authorized by law or by 
        rule or order of the court.''.

SEC. 11. COMMISSION FUNDING.

    Section 18(a)(2) of the Indian Gaming Regulatory Act (25 U.S.C. 
2717(a)(2)) is amended by striking subparagraph (B) and inserting the 
following:
                    ``(B) Limitation.--The total amount of all fees 
                imposed during any fiscal year under the schedule 
                established under paragraph (1) shall not exceed 0.080 
                percent of the gaming revenues of all gaming operations 
                subject to regulation by the Commission.''.

SEC. 12. PRESERVATION OF EXISTING STATUS.

    Nothing in this Act or any amendment made by this Act expands, 
limits, or otherwise affects any immunity that an Indian tribe may have 
under applicable law.
                                 <all>