II 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Indian Gaming Regu5 latory Act Amendments of 2004’’. 

6 SEC. 2. DEFINITIONS. 

7 Section 4 of the Indian Gaming Regulatory Act (25 

8 U.S.C. 2703) is amended— 
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1 (1) by redesignating paragraphs (3), (4), (5), 

2 (6), (7), (8), and (10), as paragraphs (6), (7), (8), 

3 (3), (4), (5), and (11), respectively; and 

4 (2) by inserting after paragraph (9) the fol5 lowing: 

6 ‘‘(10) REGULATED PERSON OR ENTITY.—The 

7 term ‘regulated person or entity’ means— 

8 ‘‘(A) an Indian tribe; 

9 ‘‘(B) a tribal operator of an Indian gaming 

10 operation; 

11 ‘‘(C) a management contractor engaged in 

12 Indian gaming; 

13 ‘‘(D) any person that is associated with— 

14 ‘‘(i) a gaming operation, or any part 

15 of a gaming operation, of an Indian tribe; 

16 or 

17 ‘‘(ii) a gaming-related contractor of 

18 an Indian tribe; and 

19 ‘‘(E) any person that— 

20 ‘‘(i) agrees, by contract or otherwise, 

21 to provide a tribal gaming operation with 

22 supplies, a service, or a concession with an 

23 estimated value in excess of $25,000 annu24 ally (not including a contract for a legal or 
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1 accounting service, commercial banking 

2 service, or public utility service); or 

3 ‘‘(ii) requests a suitability determina4 tion by the Commission, or by an Indian 

5 tribe or State, as part of an effort— 

6 ‘‘(I) to acquire a direct financial 

7 interest in, or management responsi8 bility for, a management contract for 

9 operation of a tribal gaming facility; 

10 or 

11 ‘‘(II) to participate in a gaming12 related activity that requires a licens13 ing decision by an Indian tribe or 

14 State.’’. 

15 SEC. 3. NATIONAL INDIAN GAMING COMMISSION. 

16 Section 5 of the Indian Gaming Regulatory Act (25 

17 U.S.C. 2704) is amended— 

18 (1) in subsection (b)(2)— 

19 (A) in subparagraph (A), by striking 

20 ‘‘(A)’’; and 

21 (B) by striking subparagraph (B); 

22 (2) by striking subsection (c) and inserting the 

23 following: 

24 ‘‘(c) VACANCIES.— 
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1 ‘‘(1) IN GENERAL.—A vacancy on the Commis2 sion shall be filled in the same manner as the origi3 nal appointment. 

4 ‘‘(2) SERVICE AFTER EXPIRATION OF TERM.—

5 A member may serve after the expiration of the 

6 member’s term at the pleasure of the officer of the 

7 United States who appointed the member.’’; and 

8 (3) in the second sentence of subsection (e), by 

9 striking ‘‘during meetings of the Commission in the 

10 absence of the Chairman’’ and inserting ‘‘in the ab11 sence of, or during any period of disability of, the 

12 Chairman’’. 

13 SEC. 4. POWERS OF CHAIRMAN. 

14 Section 6 of the Indian Gaming Regulatory Act (25 

15 U.S.C. 2705) is amended— 

16 (1) in subsection (a)— 

17 (A) by striking ‘‘, on behalf of the Com18 mission,’’; 

19 (B) in paragraph (3), by striking ‘‘and’’ at 

20 the end; 

21 (C) in paragraph (4), by striking the pe22 riod at the end and inserting ‘‘; and’’; and 

23 (D) by adding at the end the following: 

24 ‘‘(5) to issue to a regulated person or entity an 

25 order that— 
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1 ‘‘(A) requires an accounting and 

2 disgorgement, with interest; 

3 ‘‘(B) reprimands or censures; or 

4 ‘‘(C) places a limitation on a gaming activ5 ity or gaming function.’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(c) DELEGATION.—The Chairman may delegate to 

8 any member of the Commission, on such terms and condi9 tions as the Chairman may determine, any power of the 

10 Chairman under subsection (a). 

11 ‘‘(d) MANNER OF EXERCISE.—Authority under sub12 section (a) shall be exercised in a manner that is con13 sistent with— 

14 ‘‘(1) due process of law; 

15 ‘‘(2) this Act; and 

16 ‘‘(3) the rules, findings, and determinations 

17 made by the Commission in accordance with applica18 ble law.’’. 

19 SEC. 5. POWERS OF THE COMMISSION. 

20 Section 7 of the Indian Gaming Regulatory Act (25 

21 U.S.C. 2706) is amended— 

22 (1) in subsection (a)(5), by striking ‘‘perma23 nent’’ and inserting ‘‘final’’; 

24 (2) in subsection (b)—
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1 (A) in paragraphs (1), (2), and (4), by in2 serting ‘‘and class III gaming’’ after ‘‘class II 

3 gaming’’; 

4 (B) in paragraph (9), by striking ‘‘and’’ at 

5 the end; 

6 (C) in paragraph (10), by striking the pe7 riod at the end and inserting ‘‘; and’’; and 

8 (D) by adding at the end the following: 

9 ‘‘(11) may, in case of contumacy by, or refusal 

10 to obey any subpoena issued to, any person, request 

11 the Attorney General to invoke the jurisdiction of 

12 any court of the United States, within the geo13 graphical jurisdiction of which a person to whom the 

14 subpoena was directed is an inhabitant, is domiciled, 

15 is organized, has appointed an agent for service of 

16 process, transacts business, or is found, to compel 

17 compliance with the subpoena to require the attend18 ance and testimony of witnesses and the production 

19 of records; and 

20 ‘‘(12) subject to subsection (c), may accept gifts 

21 on behalf of the Commission.’’; and 

22 (3) by striking subsection (c) and inserting the 

23 following: 

24 ‘‘(c) GIFTS.— 
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1 ‘‘(1) IN GENERAL.—The Commission shall not 

2 accept a gift— 

3 ‘‘(A) that attaches a condition that is in4 consistent with any applicable law (including a 

5 regulation); or 

6 ‘‘(B) that is conditioned on, or will require, 

7 the expenditure of appropriated funds that are 

8 not available to the Commission. 

9 ‘‘(2) REGULATIONS.—The Commission shall 

10 promulgate regulations specifying the criteria to be 

11 used to determine whether the acceptance of a gift 

12 would— 

13 ‘‘(A) adversely affect the ability of the 

14 Commission or any employee of the Commission 

15 to carry out the duties of the Commission in a 

16 fair and objective manner; or 

17 ‘‘(B) compromise the integrity or the ap18 pearance of the integrity of any official involved 

19 in a program of the Commission. 

20 ‘‘(d) REGULATORY PLAN.— 

21 ‘‘(1) IN GENERAL.—The Commission shall de22 velop a nonbinding regulatory plan for use in car23 rying out activities of the Commission. 
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1 ‘‘(2) TREATMENT.—In developing the regu2 latory plan, the Commission shall not be bound by 

3 chapter 6 of title 5, United States Code. 

4 ‘‘(3) CONTENTS.—The regulatory plan shall in5 clude— 

6 ‘‘(A) a comprehensive mission statement 

7 describing the major functions and operations 

8 of the Commission; 

9 ‘‘(B) a description of the goals and objec10 tives of the Commission; 

11 ‘‘(C) a description of the general means by 

12 which those goals and objectives are to be 

13 achieved, including a description of the oper14 ational processes, skills, and technology and the 

15 human resources, capital, information, and 

16 other resources required to achieve those goals 

17 and objectives; 

18 ‘‘(D) a performance plan for achievement 

19 of those goals and objectives, including provi20 sion for a report on the actual performance of 

21 the Commission as measured against the goals 

22 and objectives; 

23 ‘‘(E) an identification of the key factors 

24 that are external to, or beyond the control of, 

25 the Commission that could significantly affect 
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1 the achievement of those goals and objectives; 

2 and 

3 ‘‘(F) a description of the program evalua4 tions used in establishing or revising those 

5 goals and objectives, including a schedule for 

6 future program evaluations. 

7 ‘‘(4) DURATION.—The regulatory plan shall 

8 cover a period of not less than 5 fiscal years, begin9 ning with the fiscal year in which the plan is devel10 oped. 

11 ‘‘(5) REVISION.—The regulatory plan shall be 

12 revised biennially.’’. 

13 SEC. 6. COMMISSION STAFFING. 

14 Section 8 of the Indian Gaming Regulatory Act (25 

15 U.S.C. 2707) is amended— 

16 (1) in subsection (a), by striking ‘‘basic pay 

17 payable for GS–18 of the General Schedule under 

18 section 5332 of title 5’’ and inserting ‘‘pay payable 

19 for level IV of the Executive Schedule under section 

20 5315 of title 5, United States Code, as adjusted 

21 under section 5318 of that title’’; 

22 (2) in the second sentence of subsection (b), by 

23 striking ‘‘basic pay payable for GS–17 of the Gen24 eral Schedule under section 5332 of that title’’ and 

25 inserting ‘‘pay payable for level IV of the Executive 
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1 Schedule under section 5315 of title 5, United 

2 States Code, as adjusted under section 5318 of that 

3 title’’; and 

4 (3) in subsection (c), by striking ‘‘basic pay 

5 payable for GS–18 of the General Schedule’’ and in6 serting ‘‘pay payable for level IV of the Executive 

7 Schedule under section 5315 of title 5, United 

8 States Code, as adjusted under section 5318 of that 

9 title’’. 

10 SEC. 7. TRIBAL GAMING ORDINANCES. 

11 Section 11 of the Indian Gaming Regulatory Act (25 

12 U.S.C. 2710) is amended— 

13 (1) in subsection (b)(2)(F)(i)— 

14 (A) by inserting ‘‘tribal gaming commis15 sioners, key tribal gaming commission employ16 ees, and’’ after ‘‘conducted on’’; 

17 (B) by inserting ‘‘primary management of18 ficials and key employees’’ after ‘‘oversight of’’; 

19 and 

20 (C) by striking ‘‘such officials and their 

21 management’’; and 

22 (2) in subsection (d)(9), by striking ‘‘the provi23 sions of subsections (b), (c), (d), (f), (g), and (h) 

24 of’’.
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1 SEC. 8. MANAGEMENT CONTRACTS. 

2 Section 12(a)(1) of the Indian Gaming Regulatory 

3 Act (25 U.S.C. 2711(a)(1)) is amended by inserting ‘‘or 

4 a class III gaming activity that the Indian tribe may en5 gage in under section 11(d)’’ after ‘‘section 11(b)(1)’’. 

6 SEC. 9. CIVIL PENALTIES. 

7 Section 14 of the Indian Gaming Regulatory Act (25 

8 U.S.C. 2713) is amended— 

9 (1) by striking the section heading and all that 

10 follows through ‘‘provide such tribal operator or 

11 management contractor’’ in subsection (a)(3) and in12 serting the following: 

13 ‘‘SEC. 14. CIVIL PENALTIES. 

14 ‘‘(a) IN GENERAL.— 

15 ‘‘(1) LEVY AND COLLECTION.—Subject to such 

16 regulations as the Commission may promulgate, the 

17 Chairman shall have authority to— 

18 ‘‘(A) levy and collect appropriate civil 

19 fines, not to exceed $25,000 per violation, per 

20 day; 

21 ‘‘(B) issue orders requiring accounting and 

22 disgorgement, including interest; and 

23 ‘‘(C) issue orders of reprimand, censure, or 

24 the placement of limitations on gaming activi25 ties and functions of any regulated person or 

26 entity for any violation of any provision of this 
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1 Act, Commission regulations, or tribal regula2 tions, ordinances, or resolutions approved under 

3 section 11 or 13. 

4 ‘‘(2) APPEAL.—The Commission shall by regu5 lation provide an opportunity for an appeal and 

6 hearing before the Commission of an action taken 

7 under paragraph (1). 

8 ‘‘(3) COMPLAINT.—If the Commission has rea9 son to believe that a regulated person or entity is en10 gaged in activities regulated by this Act (including 

11 regulations promulgated under this Act), or by tribal 

12 regulations, ordinances, or resolutions approved 

13 under section 11 or 13, that may result in the impo14 sition of a fine under subsection (a)(1), the perma15 nent closure of a game, or the modification or termi16 nation of a management contract, the Commission 

17 shall provide the regulated person or entity.’’; 

18 (2) in subsection (b)— 

19 (A) in paragraph (1), by striking ‘‘game’’ 

20 and inserting ‘‘gaming operation, or any part of 

21 a gaming operation,’’; and 

22 (B) in paragraph (2)— 

23 (i) in the first sentence, by striking 

24 ‘‘permanent’’ and inserting ‘‘final’’; and 
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1 (ii) in the second sentence, by striking 

2 ‘‘order a permanent closure of the gaming 

3 operation’’ and inserting ‘‘make final the 

4 order of closure’’; and 

5 (3) in subsection (c), by striking ‘‘permanent 

6 closure’’ and inserting ‘‘closure, accounting, 

7 disgorgement, reprimand, or censure or placement of 

8 a limitation on a gaming activity or function’’. 

9 SEC. 10. SUBPOENA AND DEPOSITION AUTHORITY. 

10 Section 16 of the Indian Gaming Regulatory Act (25 

11 U.S.C. 2715) is amended— 

12 (1) by striking subsection (c) and inserting the 

13 following: 

14 ‘‘(c) JUDICIAL ENFORCEMENT.—On application of 

15 the Attorney General, a district court of the United States 

16 shall have jurisdiction to issue a writ of mandamus, in17 junction, or order commanding any person to comply with 

18 this Act.’’; 

19 (2) by redesignating subsections (d), (e), and 

20 (f) as subsections (e), (f), and (g), respectively, and 

21 inserting after subsection (c) the following: 

22 ‘‘(d) FAILURE TO OBEY SUBPOENA.— 

23 ‘‘(1) IN GENERAL.—In case of a failure to obey 

24 a subpoena issued by the Commission or the Chair25 man and on request of the Commission or Chair-
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1 man, the Attorney General may apply to the United 

2 States District Court for the District of Columbia or 

3 any United States district court within the geo4 graphical jurisdiction of which a person to whom the 

5 subpoena was directed is an inhabitant, is domiciled, 

6 is organized, has appointed an agent for service of 

7 process, transacts business or is found, to compel 

8 compliance with the subpoena. 

9 ‘‘(2) REMEDIES.—On application under para10 graph (1), the court shall have jurisdiction to— 

11 ‘‘(A) issue a writ commanding the person 

12 to comply with the subpoena; or 

13 ‘‘(B) punish a failure to obey the writ as 

14 a contempt of court. 

15 ‘‘(3) PROCESS.—Process to a person in any 

16 proceeding under this subsection may be served 

17 wherever the person may be found in the United 

18 States or as otherwise authorized by law or by rule 

19 or order of the court.’’. 

20 SEC. 11. COMMISSION FUNDING. 

21 Section 18(a)(2) of the Indian Gaming Regulatory 

22 Act (25 U.S.C. 2717(a)(2)) is amended by striking sub23 paragraph (B) and inserting the following: 

24 ‘‘(B) LIMITATION.—The total amount of 

25 all fees imposed during any fiscal year under 
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1 the schedule established under paragraph (1) 

2 shall not exceed 0.080 percent of the gaming 

3 revenues of all gaming operations subject to 

4 regulation by the Commission.’’. 

5 SEC. 12. PRESERVATION OF EXISTING STATUS. 

6 Nothing in this Act or any amendment made by this 

7 Act expands, limits, or otherwise affects any immunity 

8 that an Indian tribe may have under applicable law.

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