[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2920 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2920

   To amend the Indian Gaming Regulatory Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2000

 Mr. Campbell 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, and for other purposes.

    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 Improvement 
Act of 2000''.

SEC. 2. AMENDMENTS TO THE INDIAN GAMING REGULATORY ACT.

The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) is amended--
            (1) in section 7 (25 U.S.C. 2706)--
                    (A) in subsection (c)--
                            (i) in paragraph (3), by striking ``and'' 
                        at the end thereof;
                            (ii) by redesignating paragraph (4) as 
                        paragraph (5); and
                            (iii) by inserting after paragraph (3), the 
                        following:
            ``(4) performance plans created under subsection (d), 
        including copies of such plans; and''; and
                    (B) by adding at the end the following:
    ``(d) Performance Plans.--The Commission shall be subject to the 
requirements of section 306 of title 5, United States Code, and 
sections 1115 and 1116 of title 31, United States Code (as added by the 
Government Performance and Results Act (Public law 103-62)). Not later 
than 1 year after the date of enactment of the Indian Gaming Regulatory 
Improvement Act of 2000, the Commission shall prepare and submit the 
initial strategic plan required under such section 306 to the Director 
of the Office of Management and Budget.'';
            (2) in section 11(b)(2)(F)(i) (25 U.S.C. 2710(b)(2)(F)(i)), 
        by striking ``primary management'' and all that follows through 
        ``such officials'' and inserting ``tribal gaming commissioners, 
        tribal gaming commission employees, and primary management 
        officials and key employees of the gaming enterprise and that 
        oversight of primary management officials and key employees'';
            (3) by redesignating section 22 (25 U.S.C. 2721) as section 
        26; and
            (4) by inserting after section 21 (25 U.S.C. 2720) the 
        following:

``SEC. 22. FEE ASSESSMENTS.

    ``(a) Establishment of Schedule of Fees.--
            ``(1) In general.--Except as provided in this section, the 
        Commission shall establish a schedule of fees to be paid 
        annually to the Commission by each gaming operation that 
        conducts a class II or class III gaming activity that is 
        regulated by this Act.
            ``(2) Rates.--The rate of fees under the schedule 
        established under paragraph (1) that are imposed on the gross 
        revenues from each activity described in such paragraph shall 
        be as follows:
                    ``(A) A fee of not more than 2.5 percent shall be 
                imposed on the first $1,500,000 of such gross revenues.
                    ``(B) A fee of not more than 5 percent shall be 
                imposed on amounts in excess of the first $1,500,000 of 
                such gross revenues.
            ``(3) Total amount.--The total amount of all fees imposed 
        during any fiscal year under the schedule established under 
        paragraph (1) shall not exceed $8,000,000.
    ``(b) Commission Authorization.--
            ``(1) In general.--By a vote of not less than 2 members of 
        the Commission the Commission shall adopt the schedule of fees 
        provided for under this section. Such fees shall be payable to 
        the Commission on a quarterly basis.
            ``(2) Fees assessed for services.--The aggregate amount of 
        fees assessed under this section shall be reasonably related to 
        the costs of services provided by the Commission to Indian 
        tribes under this Act (including the cost of issuing 
        regulations necessary to carry out this Act). In assessing and 
        collecting fees under this section, the Commission shall take 
        into account the duties of, and services provided by, the 
        Commission under this Act.
            ``(3) Factors for consideration.--In making a determination 
        of the amount of fees to be assessed for any class II or class 
        III gaming activity under the schedule of fees under this 
        section, the Commission may provide for a reduction in the 
        amount of fees that otherwise would be collected on the basis 
        of the following factors:
                    ``(A) The extent of the regulation of the gaming 
                activity involved by a State or Indian tribe (or both).
                    ``(B) The extent of self-regulating activities, as 
                defined by this Act, conducted by the Indian tribe.
                    ``(C) Other factors determined by the Commission, 
                including
                            ``(i) the unique nature of tribal gaming as 
                        compared to commercial gaming, other 
                        governmental gaming, and charitable gaming;
                            ``(ii) the broad variations in the nature, 
                        scale, and size of tribal gaming activity;
                            ``(iii) the inherent sovereign rights of 
                        Indian tribes with respect to regulating the 
                        affairs of Indian tribes;
                            ``(iv) the findings and purposes under 
                        sections 2 and 3; and
                            ``(v) any other matter that is consistent 
                        with the purposes under section 3.
            ``(4) Consultation.--In establishing a schedule of fees 
        under this section, the Commission shall consult with Indian 
        tribes.
    ``(c) Trust Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a fund to be known as the Indian Gaming 
        Trust Fund (referred to in this subsection as the `Trust 
        Fund'), consisting of such amounts as are--
                    ``(A) transferred to the Trust Fund under paragraph 
                (2)(A);
                    ``(B) appropriated to the Trust Fund; and
                    ``(C) any interest earned on the investment of 
                amounts in the Trust Fund under subsection (d).
            ``(2) Transfer of amounts equivalent to fees.--
                    ``(A) In general.--The Secretary of the Treasury 
                shall transfer to the Trust Fund an amount equal to the 
                aggregate amount of fees collected under this section.
                    ``(B) Transfers based on estimates.--The amounts 
                required to be transferred to the Trust Fund under 
                subparagraph (A) shall be transferred not less 
                frequently than quarterly from the general fund of the 
                Treasury to the Trust Fund on the basis of estimates 
                made by the Secretary of the Treasury. Proper 
                adjustment shall be made in amounts subsequently 
                transferred to the extent prior estimates were in 
                excess of or less than the amounts required to be 
                transferred.
    ``(d) Investments.--
            ``(1) In general.--It shall be the duty of the Secretary of 
        the Treasury to invest such portion of the Trust Fund as is 
        not, in the judgment of the Secretary of the Treasury, required 
        to meet current withdrawals. The Secretary of the Treasury 
        shall invest the amounts deposited under subsection (c) only in 
        interest-bearing obligations of the United States or in 
        obligations guaranteed as to both principal and interest by the 
        United States.
            ``(2) Sale of obligations.--Any obligation acquired by the 
        Trust Fund, except special obligations issued exclusively to 
        the Trust Fund, may be sold by the Secretary of the Treasury at 
        the market price, and such special obligations may be redeemed 
        at par plus accrued interest.
            ``(3) Credits to trust fund.--The interest on, and proceeds 
        from, the sale or redemption of, any obligations held in the 
        Trust Fund shall be credited to and form a part of the Trust 
        Fund.
    ``(e) Expenditures From Trust Fund.--
            ``(1) In general.--Amounts in the Trust Fund shall be 
        available to the Commission, as provided for in appropriations 
        Acts, for carrying out the duties of the Commission under this 
        Act.
            ``(2) Withdrawal and transfer of funds.--Upon request of 
        the Commission, the Secretary of the Treasury shall withdraw 
        amounts from the Trust Fund and transfer such amounts to the 
        Commission for use in accordance with paragraph (1).
    ``(f) Limitation on Transfers and Withdrawals.--Except as provided 
in subsection (e)(2), the Secretary of the Treasury may not transfer or 
withdraw any amount deposited under subsection (c).

``SEC. 23. MINIMUM STANDARDS.

    ``(a) Class I Gaming.--Notwithstanding any other provision of law, 
class I gaming on Indian lands shall be within the exclusive 
jurisdiction of the Indian tribes and shall not be subject to the 
provisions of this Act.
    ``(b) Class II Gaming.--Effective on the date of enactment of this 
section, an Indian tribe shall retain the rights of that Indian tribe, 
with respect to class II gaming and in a manner that meets or exceeds 
the minimum Federal standards established under section 11, to--
            ``(1) monitor and regulate that gaming;
            ``(2) conduct background investigations; and
            ``(3) establish and regulate internal control systems.
    ``(c) Class III Gaming Under a Compact.--With respect to class III 
gaming that is conducted under a compact entered into under this Act, 
an Indian tribe or a State (or both), as provided for in such a compact 
or a related tribal ordinance or resolution shall, in a manner that 
meets or exceeds the minimum Federal standards established by the 
Commission under section 11--
            ``(1) monitor and regulate that gaming;
            ``(2) conduct background investigations; and
            ``(3) establish and regulate internal control systems.
    ``(d) Rulemaking.--The Commission may promulgate such regulations 
as may be necessary to carry out this section.

``SEC. 24. USE OF NATIONAL INDIAN GAMING COMMISSION CIVIL FINES.

    ``(a) Use of Funds.--The Secretary may provide grants and technical 
assistance to Indian tribes from any funds secured by the Commission 
pursuant to section 14, which funds shall be made available only for 
the following purposes:
            ``(1) To provide technical training and other assistance to 
        Indian tribes to strengthen the regulatory integrity of Indian 
        gaming.
            ``(2) To provide assistance to Indian tribes to assess the 
        feasibility of non-gaming economic development activities on 
        Indian lands.
            ``(3) To provide assistance to Indian tribes to devise and 
        implement programs and treatment services for individuals 
        diagnosed as problem gamblers.
            ``(4) To provide other forms of assistance to Indian tribes 
        not inconsistent with the Indian Gaming Regulatory Act.
    ``(b) Consultation.--In carrying out this section, the Secretary 
shall consult with Indian tribes and any other appropriate tribal or 
Federal officials.
    ``(c) Regulations.--The Secretary may promulgate such regulations 
as may be necessary to carry out this section.

``SEC. 25. REGULATIONS.

    ``(a) In General.--
            ``(1) Promulgation.--Not later than 90 days after the date 
        of enactment of the Indian Gaming Regulatory Improvement Act of 
        2000, the Secretary shall develop procedures under subchapter 
        III of chapter 5 of title 5, United States Code, to negotiate 
        and promulgate regulations relating to the classification of 
        games conducted by Indian tribes pursuant to this Act.
            ``(2) Publication of proposed regulations.--Not later than 
        1 year after the date of enactment of the Indian Gaming 
        Regulatory Improvement Act of 2000, the Secretary shall publish 
        in the Federal Register proposed regulations to implement the 
        amendments made by such Act.
    ``(b) Committee.--A negotiated rulemaking committee established 
pursuant to section 565 of title 5, United States Code, to carry out 
this section shall be composed only of Federal and Indian tribal 
government representatives, a majority of whom shall be nominated by 
and be representative of Indian tribes that conduct gaming pursuant to 
this Act.''.

SEC. 3. APPLICATION OF GOVERNMENT PERFORMANCE AND RESULTS ACT.

    Section 306(f) of title 5, United States Code, is amended by 
inserting ``and includes the National Indian Gaming Commission,'' after 
``section 105,''.
                                 <all>