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.

March 25, 2004

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

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.

END