Indian Gaming Regulatory Act Amendments of 2004 - Amends the Indian Gaming Regulatory Act to define a regulated person or entity to be a Indian tribe, a tribal operator of an Indian gaming operation, or any related management contractor or associated person, including certain concessionaires.
Revises procedures for filling vacancies on the National Indian Gaming Commission and the powers of the Chairman.
Directs the Commission to monitor, inspect, and access records of class III gaming. Authorizes it, in the case of contumacy by, or refusal to obey any subpoena issued to, any person, to request the Attorney General to invoke the jurisdiction of any U.S. court to compel compliance.
Authorizes the Commission to accept gifts on its behalf, subject to specified prohibitions.
Requires the Commission to develop a nonbinding minimum five-year regulatory plan to carry out its activities.
Adjusts the salary of the General Counsel to the Commission and of other staff.
Requires Commission Chairman approval of any tribal gaming ordinance that provides for a system ensuring background investigations and continuing oversight of tribal gaming commissioners and key tribal gaming commission employees (as well as primary management officials and key employees of a class II gaming enterprise, as under current law).
Allows an Indian tribe to enter into a management contract for the operation and management of a class III gaming activity, subject to specified requirements currently applicable to class II gaming management contracts.
Revises the authority of the Chairman to levy and collect appropriate civil fines up to $25,000 per violation to specify up to $25,000 per violation, per day. Authorizes the Chairman to issue orders: (1) requiring accounting and disgorgement, including interest; and (2) of reprimand, censure, or the placement of limitations on gaming activities and functions of any regulated person or entity for violations of Federal law or Commission or tribal regulations or ordinances.
Requires the Commission to provide the regulated person or entity (currently, the tribal operator of an Indian game or a management contractor) with a written complaint if the Commission has reason to believe that such person or entity is engaged in specified activities.
Authorizes Federal court enforcement of Commission subpoenas.
Limits the schedule of fees to be paid to the Commission by each gaming operation that conducts a class II or class III gaming activity during any fiscal year to 0.080 percent of the gaming revenues.
[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>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S3182)
Read twice and referred to the Committee on Indian Affairs. (text of measure as introduced: CR S3182-3184)
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