VIL EFFECTIVE DATE, MODIFICATION AND ‘TERMINATION

This agreement shall be effective when executed by both Parties and will continue in effect
until terminated. This agreement may be modified at any time by written consent of both
Parties.

This MOU may be terminated with respect to any Party, at any time, upon written notice of
withdrawal to the other Party. Any Party desiring to terminate or modify this MOU will
provide such written notification to the other Party at least thirty (30) days prior to
modification or termination. The Parties intend to review this MOU annually to ensure all

provisions are meaningful and current.

The preceding seven sections represent the understanding reached by the Parties.

FEDERAL BUREAU OF INVESTIGATION

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Date

Criminal Justice Information Services Division

NATIONAL INDIAN GAMING COMMISSION

l | (7 | AOZO
”Christinia J. Thomas C Date”
Acting Chief of Staff

National Indian Gaming Commission


. The information involved in this MOU may identify U.S. persons, whose information is
protected by the Privacy Act of 1974 and/or Executive Order 12333 (or any successor
executive order), All such information will be handled lawfully pursuant to the
provisions thereof.

. Each Party will only disclose personally identifiable information (PII) as authorized
under applicable system of records notices published in the Federal Register. For
purposes of this MOU, PII is defined as “information which can be used to distinguish or
trace an individual’s identity, such as their name, social security number, date and place
of birth, mother’s maiden name, biometric information, etc., including any other personal
information which is linked or linkable to a specific individual.”

. Before using PII shared pursuant to this MOU, the recipient agency will make reasonable
efforts to ensure that the information is accurate, timely, relevant, and complete.

. In the event that either Party to this MOU becomes aware of any inaccuracies in the
information received from the other Party pursuant to this MOU, the information
recipient will promptly notify the information provider so that corrective action can be
taken.

. Each Party will immediately report to the other Party each instance in which information
received from the other Party is used, disclosed, or accessed in an unauthorized manner
(including any information losses or breaches).

Each Party will provide appropriate training regarding the responsibilities under this
MOU to individuals whose information sharing activities are covered by the provisions of
this MOU.

Subject to federal law or regulation, either Party or both Parties may audit the handling
and maintenance of information relevant to this MOU in electronic and paper
recordkeeping systems to ensure that appropriate security and privacy protections are in
place.


I.

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IV.

MEMORANDUM OF UNDERSTANDING
BETWEEN
THE FEDERAL BUREAU OF INVESTIGATION
AND
NATIONAL INDIAN GAMING COMMISSION
CONCERNING
NONCRIMINAL JUSTICE FINGERPRINT SUBMISSIONS

PURPOSE

This Memorandum of Understanding (MOU) documents the agreed-upon responsibilities and
functions of the parties with respect to the submission of noncriminal justice fingerprints for
primary management officials and key employees of Indian gaming enterprises, as defined
by NIGC regulations, 25 C.F.R. §§ 502.14(a-c) and 502.19(a-c).

PARTIES
This MOU is between the Federal Bureau of Investigation (FBI), Criminal Justice

Information Services (CJIS) Division, and the National Indian Gaming Commission (NIGC),
hereinafter referred to as “Parties”.

. AUTHORITIES

The FBI enters into this MOU under the authority of 28 U.S.C. § 534. The NIGC enters into
this MOU under the NIGC’s fingerprint collection and background check authorities that
include the following: 25 U.S.C. §§ 2706(b)(3), 2706(b)(7), 2706(b)(10), 2708,
2710(b)(2)(F), 271 0(¢)(1)-(2), 2710(d)(9), 271 1(a), 271 1(e).

BACKGROUND INFORMATION

The Indian Gaming Regulatory Act (IGRA) established federal standards for gaming on
Indian lands to protect Indian gaming as a means of generating tribal revenue. 25 U.S.C.

§ 2702(3). To carry out this purpose, Congress generally authorized the NIGC to “conduct or
cause to be conducted such background investigations as may be necessary” and to
“promulgate regulations and guidelines as it deems appropriate to implement the provisions
of” the IGRA. /d. § 2706(b)(3), (10). To assist in that role, Congress specifically provided the


NIGC with the power to “secure from any department or agency of the United States
information necessary to enable it to carry out” those functions. Id. § 2708.

The NIGC submits fingerprints of key employees and primary management officials of
Indian gaming eulerprises as par! of the background screening process required by IGRA.
See 25 U.S.C. § 2710(b)(2)(F), (c)(1)-(2), & (d)(1)(A). The NIGC also submits fingerprints
and performs background investigations of “each person or entity . . . having a direct
financial interest in, or management responsibility for” a management contract. /d. § 2711(a).
The authority to receive criminal history information for key employees and primary
management officials of class II and class III gaming enterprises stems from statutory
language specifically empowering the NIGC Chair to “consult with appropriate law
enforcement officials concerning gaming licenses issued by an Indian tribe” and to facilitate
the suspension of gaming licenses when a key employee or primary management official
does not meet the statute’s suitability standards with regard to an applicant’s criminal history.
25 U.S.C. § 2710(b)(2)(F)Gi)AD, (€)(1)-(2), (d)(1)(ANGi). Likewise, § 271 1(e) requires the
Chairman to review the criminal history information of persons with a direct or indirect
financial interest in management contracts and to disapprove a management contract when
one of those individuals “has been or subsequently is convicted of any felony or gaming
offense” or where his or her “criminal record if any . . . pose[s] a threat to the public interest
or to the effective regulation and control of gaming.” This, likewise, applies to both class II
and class III gaming. See 25 U.S.C. § 2711(e)(1)(B); 25 C.F.R. § 533.6(b)(1)(ii), (©).

V. SPECIFIC RESPONSIBILITIES

A. The FBI will:

1. Conduct fingerprint-based criminal history record searches of NIGC submissions and
return the results of the checks to the NIGC.

2. Return rejected fingerprint submissions to NIGC. The NIGC is responsible for
notifying each subject of deficiencies in the fingerprint submissions that were rejected
by the FBI.

3. Bill NIGC for fingerprint submissions in accordance with the terms of the
Interagency Agreement between the NIGC and the CJIS Division.


4, Ensure that the NIGC is not charged supplemental fees for resubmissions and
reprocessing of illegible (i.e., unclassifiable) fingerprints, provided that the NIGC
follows the procedures outlined by the CJIS Division for the resubmission of the
fingerprint cards returned to the NIGC. (This waiver is limited to one resubmission
per subject.)

B. The NIGC will:
1. Ensure that all fingerprint submissions have been properly and adequately completed.

2. Convert properly submitted fingerprint card submissions into an electronic format and
forward them to the FBI via a means acceptable to the FBI.

3. Collect and remit the FBI’s fee for the processing of the applicant fingerprint
submission. (See 83 FR 48335, dated September 24, 2018, or any successor fee
schedule.)

VI. EFFECT OF THIS AGREEMENT

A. This MOU is not intended, and should not be construed, to create any right or benefit,
substantive or procedural, enforceable at law or otherwise against any of the parties, their
parent agencies, the United States, or the officers, employees, agents, or other associated
personnel thereof. The parties will seek to resolve any disputes regarding this MOU by
mutual consideration.

B. Except as provided in this document, this MOU is not an obligation or commitment of
funds, nor a basis for the transfer of funds, but rather is a basic statement of the
understanding between the Parties of the matters described herein. Unless otherwise
agreed in writing, each Party shall bear its own costs in relation to this MOU.
Expenditures by each Party will be subject to its budgetary processes and to the
availability of funds and resources pursuant to applicable laws, regulations, and policies.
The parties expressly acknowledge that the language in this MOU in no way implies that
funds will be made available for such expenditures.

C. This MOU does not constitute an agreement for any Party to assume or waive any
liability or claim under any applicable law.