be made to that section or other provision of the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
SEC. 2. FINDINGS.
Section 2 of the Act (25 U.S.C. 2701) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(4);
(2) by striking the period at the end of para-
graph (5) and inserting in lieu thereof a semicolon;
and
(3) by adding at the end the following:
‘‘(6) tribal systems for the regulation of gaming
activities should be structured to maintain and pre-
serve the integrity and fairness of tribal gaming op-
erations;
‘‘(7) the operation of gaming activities on In-
dian lands has had a significant impact on com-
merce with foreign nations, among the several
States, and with Indian tribes; and
‘‘(8) the United States Constitution vests the
Congress with the powers to regulate commerce with
foreign nations, and among the several States, and
with Indian tribes, and this Act is enacted in the ex-
ercise of those powers, and shall extend to and en-
compass all federally recognized Indian tribes.’’.
SEC. 3. DECLARATION OF POLICY.
Section 3 of the Act (25 U.S.C. 2702) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(2);
(2) by striking the period at the end of para-
graph (3) and inserting in lieu thereof ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(4) to ensure the right of Indian tribes to con-
duct gaming activities on Indian lands in a manner
consistent with the decision of the Supreme Court in
California et al. v. Cabazon Band of Mission Indians
et al. (480 U.S.C. 202, 107 S.Ct. 1083 (1987)), in-
volving the Cabazon and Morango Bands of Mission
Indians.’’.
SEC. 4. DEFINITIONS.
(a) CLASS I GAMING.—Section 4(6) of the Act (25
U.S.C. 2703(6)) is amended by inserting ‘‘played’’ after
‘‘social games’’.
(b) CLASS II GAMING.—(1) Section 4(7)(A) of the
Act (25 U.S.C. 2703(7)(A)) is amended—
(A) in clause (i), by amending the matter fol-
lowing subclause (III) to read as follows:
‘‘including pull tabs, lotto, punch boards, tip jars,
instant, and games similar to bingo (whether or not
electronic, computer, or other technologic aids are
used in connection therewith so long as the fun-
damental characteristics of the game remain the
same), and’’; and
(B) by amending clause (ii) to read as follows:
‘‘(ii) card games where the gaming oper-
ation does not have a stake in the outcome of
the game, and for the purposes of this clause,
a stake in the outcome of the game shall not in-
clude (I) receiving a fixed percentage of the wa-
gers made; (II) receiving a fixed fee per game
played; or (III) a rental fee for the player to
participate in the game.’’.
(2) Section 4(7)(C) of the Act (25 U.S.C.
2703(7)(C)) is amended by striking ‘‘as determined by the
Chairman’’.
(3)(A) Section 4(7) of the Act (25 U.S.C. 2703(7))
is amended by striking subparagraphs (D), (E), and (F).
(B) Public Law 101–301 (25 U.S.C. 2703 note) is
amended by striking section 6.
(c) COMPACT AND MANAGEMENT CONTRACT.—Sec-
tion 4(7) of the Act (25 U.S.C. 2703) is amended—
(1) by redesignating paragraphs (9) and (10)
as paragraphs (11) and (12), respectively; and
(2) by inserting after paragraph (8) the follow-
ing new paragraphs:
‘‘(9) The term ‘compact’ means an agreement
relating to the operation of class III games on In-
dian lands entered into by an Indian tribe and a
State, which is approved by the Secretary, or the
procedures in lieu of such an agreement, published
by the Secretary.
‘‘(10) The term ‘management contract’ means
any contract, other than employment contract, that
empowers any entity, which is not totally owned and
controlled by the tribe, with decision-making author-
ity over any gaming-related aspect of the gaming op-
eration. Decision-making authority means the exer-
cise of authority or supervision or the power to make
or cause to be made any discretionary decision with
regard to matters which have a substantial effect on
the management aspects of a gaming operation.’’.
SEC. 5. NATIONAL INDIAN GAMING COMMISSION.
(a) MEMBERS.—Paragraph (5) of section 5(b) (25
U.S.C. 2704(b)) is amended—
(1) in subparagraph (B)—
(A) by inserting ‘‘(other than any interest
that is derived from the individual’s status as
an enrolled member of an Indian tribe)’’ after
‘‘financial interest’’; and
(B) by striking ‘‘or’’ at the end thereof;
(2) by striking the period at the end of sub-
paragraph (C) and inserting in lieu thereof ‘‘; or’’;
and
(3) by adding at the end thereof the following
new subparagraph:
‘‘(D) is unable to devote his entire time and at-
tention to the business of the Commission.’’.
(b) COMPENSATION.—Subsection (g) of section 5 (25
U.S.C. 2704) is amended—
(1) by striking paragraph (1) and redesignating
paragraphs (2) and (3) as paragraphs (1) and (2),
respectively; and
(2) in paragraph (1), as redesignated by para-
graph (1) of this subsection—
(A) by striking ‘‘The associate members’’
and inserting in lieu thereof ‘‘Members’’; and
(B) by striking ‘‘level V of the Executive
Schedule under section 5316’’ and inserting in
lieu thereof ‘‘level IV of the Executive Schedule
under section 5315’’.
(c) SUPPORT SERVICES.—Section 5 of the Act (25
U.S.C. 2704) is amended by adding at the end thereof
the following new subsection:
‘‘(h) The Administrator of General Services shall pro-
vide to the Commission on a reimbursable basis such ad-
ministrative support services as the Commission may re-
quest.’’.
SEC. 6. POWERS OF THE CHAIRMAN.
Section 6 of the Act (25 U.S.C. 2705) is amended
to read as follows:
‘‘SEC. 6. POWERS OF THE CHAIRMAN.
‘‘(a) The Chairman shall serve as the chief executive
officer of the Commission.
‘‘(b) Subject to the provisions of subsection (c), the
Chairman:
‘‘(1) Shall, employ, appoint, and supervise,
without regard to the provisions of title 5, United
States Code, governing appointments in the competi-
tive service, such personnel as are deemed necessary
to carry out the functions of the Commission and as-
sign work among such personnel. Such staff shall be
paid without regard to the provisions of chapter 51
and subchapters III and VIII of chapter 53 of such
title relating to classification and General and Senior
Executive Service Schedule pay rates, except that no
individual so appointed may receive pay in excess of
the annual rate of basic pay payable for ES–5 of the
Senior Executive Service Schedule under section
5382 of such title.
‘‘(2) May procure temporary and intermittent
services under section 3109(b) of title 5, United
States Code, but at rates for individuals not to ex-
ceed the daily equivalent of the maximum annual
rate of basic pay payable for ES–6 of the Senior Ex-
ecutive Service Schedule (established under section
5382 of such title).
‘‘(3) May request the head of any Federal agen-
cy to detail any of the personnel of such agency to
the Commission to assist the Commission in carry-
ing out its duties under this Act, unless otherwise
prohibited by law.
‘‘(4) May use and expend Federal funds and
funds collected pursuant to section 17 of this Act.
‘‘(5) May contract for the services of other pro-
fessional, technical, and operational personnel and
consultants as may be necessary to the performance
of the Commission’s responsibilities under this Act.
‘‘(c) In carrying out any of the functions pursuant
to this section, the Chairman shall be governed by the gen-
eral policies of the Commission and by such regulatory de-
cisions, findings, and determinations as the Commission
may by law be authorized to make.’’.
SEC. 7. POWERS OF THE COMMISSION.
(a) BUDGET.—Paragraph (1) of section 7(a) (25
U.S.C. 2706(a)) is amended by striking ‘‘upon the rec-
ommendation of the chairman,’’.
(b) FORMER POWERS
OF CHAIRMAN.—Subsection
(a) of section 7 (25 U.S.C. 2706) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(3);
(2) by striking the period at the end of para-
graph (4) and inserting in lieu thereof a semicolon;
and
(3) by adding at the end thereof the following
new paragraphs:
‘‘(5) by a unanimous vote of not less than 3
members, after a mandatory effort to mediate any
controversy, issue orders of temporary closure as
provided in section 14(b);
‘‘(6) by an affirmative vote of not less than 2
members, and after a full hearing, levy and collect
civil fines as provided in section 14(a), which fines
shall only run from date of notice of violation or
later;
‘‘(7) by an affirmative vote of not less than 2
members, approve tribal ordinances or resolutions
regulating class II gaming and class III gaming as
provided in section 11; and
‘‘(8) by an affirmative vote of not less than 2
members, approve management contracts for class II
gaming and class III gaming as provided in sections
11(d)(9) and 12.’’.
(c) POWERS.—Subsection (b) of section 7 (25 U.S.C.
2706) is amended—
(1) in paragraphs (1) and (2), by inserting
‘‘and class III gaming, where a compact so pro-
vides,’’ after ‘‘class II gaming’’ both places it ap-
pears;
(2) by striking ‘‘and’’ at the end of paragraph
(9);
(3) by redesignating paragraph (10) as para-
graph (13); and
(4) by inserting after paragraph (9) the follow-
ing new paragraphs:
‘‘(10) may invoke, in the case of contumacy by
or refusal to obey any subpoena issued to any per-
son, the jurisdiction of any court of the United
States within the jurisdiction of which an investiga-
tion or proceeding is carried on, or where such per-
son resides or carries on business, in requiring the
attendance and testimony of witnesses and the pro-
duction of books, papers, correspondence, memo-
randa, and other records;
‘‘(11) may in its discretion, whenever it shall
appear to the Commission that any person is en-
gaged or about to engage in acts or practices con-
stituting a violation of any provision of this Act or
rules or regulations thereunder, bring an action in
the proper district court of the United States to en-
join such acts or practices, or transmit such evidence
as may be available concerning such acts or prac-
tices as may constitute a violation of any criminal
law of the United States to the Attorney General,
who may institute the necessary criminal proceed-
ings;
‘‘(12) may provide training and technical assist-
ance to Indian tribal governments in all aspects of
the conduct and regulation of gaming activities;
and’’.
(d) REPORT.—Section 7 of the Act (25 U.S.C. 2406)
is amended by striking subsection (c).
SEC. 8. INTERIM AUTHORITY TO REGULATE GAMING.
Section 10 of the Act (35 U.S.C. 2709) is repealed.
SEC. 9. TRIBAL GAMING ORDINANCES.
(a) CLASS II GAMING.—(1) Subsection (b) of section
11 (25 U.S.C. 2710) is amended—
(A) by striking ‘‘Chairman’’ each place it ap-
pears and inserting in lieu thereof ‘‘Commission’’;
(B) in paragraph (2)(F)—
(i) by striking ‘‘and’’ at the end of clause
(i);
(ii) by redesignating clause (ii) as clause
(iii); and
(iii) by inserting after clause (i) the follow-
ing new clause:
‘‘(ii) ensures the integrity and fairness of the
games and which is appropriate for the size and
complexity of the gaming operations authorized by
the ordinance.’’;
(C) in paragraph (3)(D), by inserting ‘‘shall
make appropriate withholdings and’’ after ‘‘tribes’’;
(D) in paragraph (4)(A), by striking ‘‘No per-
son or entity’’ and all that follows through ‘‘State.’’;
(E) in paragraph 4(B)—
(i) in clause (ii), by striking ‘‘entity’’ and
all that follows through ‘‘Act’’ and inserting in
lieu thereof ‘‘entity; except, however, the exemp-
tion shall transfer to those heirs of the individ-
ual licensee who are otherwise enrolled as mem-
bers of the tribe which granted such license’’;
and
(ii) by striking clause (iii); and