[Congressional Record Volume 150, Number 39 (Thursday, March 25, 2004)]
[Senate]
[Pages S3182-S3184]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL (by request):
  S. 2232. 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; to the Committee on Indian Affairs.
  Mr. CAMPBELL. Mr. President, at the request of the administration, 
today I am introducing the Indian Gaming Regulatory Act Amendments of 
2004 to amend and update the act.
  These amendments are proposed by the administration to update the 
Indian Gaming Regulatory Act by: clarifying how vacancies in the 
National Indian Gaming Commission (NIGC) are filled; expanding the 
NIGC's regulatory responsibilities; revising the NIGC statutory rates 
of pay to correspond with other current Federal rates of pay; and 
expanding the NIGC's reporting requirements to Congress.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2232

       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

[[Page S3183]]

       (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

[[Page S3184]]

     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.
                                 ______