Home > 106th Congressional Bills > S. 2233 (is) To prohibit the use of, and provide for remediation of water contaminated by, methyl tertiary butyl ether. [Introduced in Senate] ...S. 2233 (is) To prohibit the use of, and provide for remediation of water contaminated by, methyl tertiary butyl ether. [Introduced in Senate] ...
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
Other Popular 106th Congressional Bills Documents:
|
| GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information. |
 |