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






                                                       Calendar No. 948
106th CONGRESS
  2d Session
                                S. 2920

                          [Report No. 106-498]

   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

            October 11 (legislative day, September 22), 2000

              Reported by Mr. Campbell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Indian Gaming Regulatory 
Improvement Act of 2000''.</DELETED>

<DELETED>SEC. 2. AMENDMENTS TO THE INDIAN GAMING REGULATORY 
              ACT.</DELETED>

<DELETED>The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) is 
amended--</DELETED>
        <DELETED>    (1) in section 7 (25 U.S.C. 2706)--</DELETED>
                <DELETED>    (A) in subsection (c)--</DELETED>
                        <DELETED>    (i) in paragraph (3), by striking 
                        ``and'' at the end thereof;</DELETED>
                        <DELETED>    (ii) by redesignating paragraph 
                        (4) as paragraph (5); and</DELETED>
                        <DELETED>    (iii) by inserting after paragraph 
                        (3), the following:</DELETED>
        <DELETED>    ``(4) performance plans created under subsection 
        (d), including copies of such plans; and''; and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
<DELETED>    ``(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.'';</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (3) by redesignating section 22 (25 U.S.C. 2721) 
        as section 26; and</DELETED>
        <DELETED>    (4) by inserting after section 21 (25 U.S.C. 2720) 
        the following:</DELETED>

<DELETED>``SEC. 22. FEE ASSESSMENTS.</DELETED>

<DELETED>    ``(a) Establishment of Schedule of Fees.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(A) A fee of not more than 2.5 percent 
                shall be imposed on the first $1,500,000 of such gross 
                revenues.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Commission Authorization.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(A) The extent of the regulation of the 
                gaming activity involved by a State or Indian tribe (or 
                both).</DELETED>
                <DELETED>    ``(B) The extent of self-regulating 
                activities, as defined by this Act, conducted by the 
                Indian tribe.</DELETED>
                <DELETED>    ``(C) Other factors determined by the 
                Commission, including</DELETED>
                        <DELETED>    ``(i) the unique nature of tribal 
                        gaming as compared to commercial gaming, other 
                        governmental gaming, and charitable 
                        gaming;</DELETED>
                        <DELETED>    ``(ii) the broad variations in the 
                        nature, scale, and size of tribal gaming 
                        activity;</DELETED>
                        <DELETED>    ``(iii) the inherent sovereign 
                        rights of Indian tribes with respect to 
                        regulating the affairs of Indian 
                        tribes;</DELETED>
                        <DELETED>    ``(iv) the findings and purposes 
                        under sections 2 and 3; and</DELETED>
                        <DELETED>    ``(v) any other matter that is 
                        consistent with the purposes under section 
                        3.</DELETED>
        <DELETED>    ``(4) Consultation.--In establishing a schedule of 
        fees under this section, the Commission shall consult with 
        Indian tribes.</DELETED>
<DELETED>    ``(c) Trust Fund.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) transferred to the Trust Fund under 
                paragraph (2)(A);</DELETED>
                <DELETED>    ``(B) appropriated to the Trust Fund; 
                and</DELETED>
                <DELETED>    ``(C) any interest earned on the 
                investment of amounts in the Trust Fund under 
                subsection (d).</DELETED>
        <DELETED>    ``(2) Transfer of amounts equivalent to fees.--
        </DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Investments.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Expenditures From Trust Fund.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(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).</DELETED>

<DELETED>``SEC. 23. MINIMUM STANDARDS.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) monitor and regulate that gaming;</DELETED>
        <DELETED>    ``(2) conduct background investigations; 
        and</DELETED>
        <DELETED>    ``(3) establish and regulate internal control 
        systems.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) monitor and regulate that gaming;</DELETED>
        <DELETED>    ``(2) conduct background investigations; 
        and</DELETED>
        <DELETED>    ``(3) establish and regulate internal control 
        systems.</DELETED>
<DELETED>    ``(d) Rulemaking.--The Commission may promulgate such 
regulations as may be necessary to carry out this section.</DELETED>

<DELETED>``SEC. 24. USE OF NATIONAL INDIAN GAMING COMMISSION CIVIL 
              FINES.</DELETED>

<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(1) To provide technical training and other 
        assistance to Indian tribes to strengthen the regulatory 
        integrity of Indian gaming.</DELETED>
        <DELETED>    ``(2) To provide assistance to Indian tribes to 
        assess the feasibility of non-gaming economic development 
        activities on Indian lands.</DELETED>
        <DELETED>    ``(3) To provide assistance to Indian tribes to 
        devise and implement programs and treatment services for 
        individuals diagnosed as problem gamblers.</DELETED>
        <DELETED>    ``(4) To provide other forms of assistance to 
        Indian tribes not inconsistent with the Indian Gaming 
        Regulatory Act.</DELETED>
<DELETED>    ``(b) Consultation.--In carrying out this section, the 
Secretary shall consult with Indian tribes and any other appropriate 
tribal or Federal officials.</DELETED>
<DELETED>    ``(c) Regulations.--The Secretary may promulgate such 
regulations as may be necessary to carry out this section.</DELETED>

<DELETED>``SEC. 25. REGULATIONS.</DELETED>

<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 3. APPLICATION OF GOVERNMENT PERFORMANCE AND RESULTS 
              ACT.</DELETED>

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

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 4(7) (25 U.S.C. 2703(7)), by adding at the 
        end the following:
            ``(G) Notwithstanding any other provision of law, sections 
        1 through 7 of the Act of January 2, 1951 (commonly known as 
        the Gambling Devices Transportation Act (15 U.S.C. 1171-1177)) 
        shall not apply to any gaming described in subparagraph (A)(i) 
        (class II gaming) where technologic aids are used in connection 
        with any such gaming.'';
            (2) 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) the strategic plan for Commission activities.''; and
                    (B) by adding at the end the following:
    ``(d) Strategic Plan.--
            ``(1) In general.--The strategic plan required under 
        subsection (c)(4) shall include--
                    ``(A) a comprehensive mission statement covering 
                the major functions and operations of the Commission;
                    ``(B) the general goals and objectives, including 
                outcome-related goals and objectives, for the major 
                functions and operations of the Commission;
                    ``(C) a description of how the general goals and 
                objectives are to be achieved, including a description 
                of the operational processes, skills and technology, 
                and the human, capital, information, and other 
                resources required to meet those goals and objectives;
                    ``(D) a performance plan that shall be related to 
                the general goals and objectives of the strategic plan;
                    ``(E) an identification of the key factors external 
                to the Commission and beyond its control that could 
                significantly affect the achievement of the general 
                goals and objectives; and
                    ``(F) a description of the program evaluations used 
                in establishing or revising the general goals and 
                objectives, with a schedule for future program 
                evaluations.
            ``(2) Term of plan.--The strategic plan shall cover a 
        period of not less than 5 fiscal years beginning with the 
        fiscal year in which the plan is submitted. The strategic plan 
        shall be updated and revised at least every 4 years.
            ``(3) Performance plan.--The performance plan under 
        paragraph (1)(D) shall be consistent with the strategic plan. 
        In developing the performance plan, the Commission should be 
        consistent with the requirements of section 1115 of title 31, 
        United States Code (the Government Performance and Results 
        Act).
            ``(4) Consultation.--In developing the strategic plan, the 
        Commission shall consult with the Congress, and shall solicit 
        and consider the views and suggestions of those entities that 
        may be potentially affected by or interested in such a plan.'';
            (3) 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'';
            (4) by redesignating section 22 (25 U.S.C. 2721) as section 
        25; and
            (5) 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;
                            ``(v) the amount of interest or investment 
                        income derived from the Indian gaming 
                        regulation accounts; and
                            ``(vi) 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) Indian Gaming Regulation Accounts.--
            ``(1) In general.--All fees and civil forfeitures collected 
        by the Commission pursuant to this Act shall be maintained in 
        separate, segregated accounts, and shall only be expended for 
        purposes set forth in this Act.
            ``(2) Investments.--It shall be the duty of the Commission 
        to invest such portion of the accounts maintained under 
        paragraph (1) as are not, in the judgment of the Commission, 
        required to meet immediate expenses. The Commission shall 
        invest the amounts deposited under this Act only in interest-
        bearing obligations of the United States or in obligations 
        guaranteed as to both principal and interest by the United 
        States.
            ``(3) Sale of obligations.--Any obligation acquired by the 
        accounts maintained under paragraph (1), except special 
        obligations issued exclusively to such accounts, may be sold by 
        the Commission at the market price, and such special 
        obligations may be redeemed at par plus accrued interest.
            ``(4) Credits to the indian gaming regulatory accounts.--
        The interest on, and proceeds from, the sale or redemption of 
        any obligations held in the accounts maintained under paragraph 
        (1) shall be credited to and form a part of such accounts.

``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 additional 
regulations as may be necessary to carry out this section.

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

    ``(a) In General.--All funds secured by the Commission pursuant to 
section 14 shall be deposited in an Indian gaming regulation account, 
as provided for in section 22(c).
    ``(b) Use of Funds.--The Commission 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.
    ``(c) Consultation.--In carrying out this section, the Commission 
shall consult with Indian tribes and any other appropriate tribal or 
Federal officials.
    ``(d) Regulations.--The Commission may promulgate such regulations 
as may be necessary to carry out this section.''.




                                                       Calendar No. 948

106th CONGRESS

  2d Session

                                S. 2920

                          [Report No. 106-498]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

            October 11 (legislative day, September 22), 2000

                       Reported with an amendment