[Congressional Record Volume 146, Number 98 (Tuesday, July 25, 2000)]
[Senate]
[Pages S7552-S7554]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 2920. A bill to amend the Indian Gaming Regulatory Act, and for 
other purposes; to the Committee on Indian Affairs.


            indian gaming regulatory improvement act of 2000

  Mr. CAMPBELL. Mr. President today I am pleased to introduce the 
Indian Gaming Regulatory Improvement Act of 2000 to make specific and 
what I feel are needed changes to the Indian Gaming Regulatory Act of 
1988, 25 U.S.C. Sec. 2701, et seq. (``IGRA'').
  The IGRA was signed into law in 1988 with two broad goals in mind: 
First, to provide for the continued economic opportunities tribal 
gaming presents to Indian tribes, and second, to provide a regulatory 
framework for tribal gaming to ensure the integrity of such gaming for 
the benefit of tribes as well as customers of tribal gaming operations.
  In 1988, tribal gaming was a relative new activity and in 12 years 
tribal gaming gross revenues have grown from $500 million to $8.26 
billion. By statute these revenues are spent by tribal governments on 
physical infrastructure, general welfare and the betterment of Indian 
and surrounding non-Indian communities.
  For the 198 tribes that now conduct some form of gaming the economic 
benefits for the tribes as well as surrounding communities cannot be 
ignored. For these communities collectively, unemployment has dropped 
and tribes who operate gaming have been able to provide for housing, 
health care and education for their members and to generate hundreds of 
thousands of jobs for Indians and non-Indians alike.
  The legislation I am introducing today is not intended and should not 
be viewed as a comprehensive attempt to remedy all matters that have 
arisen in the past 12 years. Rather, this bill takes aim at very 
specific items.
  1. With regard to gaming fees assessed against tribal operations, 
this bill will require the Federal National Indian Gaming Commission to 
levy fees that are reasonably related to the duties of and services 
provided by the Commission to tribes, and in certain instances to 
reduce the level of fees payable by those operations;
  2. It establishes a Trust Fund for such fees that can only be tapped 
for the specific activities of the Commission mandated by the IGRA;
  3. It provides statutory authority for the Commission to establish 
through a negotiated rule-making process, Minimum Standards for the 
conduct of tribal gaming, acknowledging that for class III gaming the 
standards are to be determined by the tribe and the state through 
negotiated gaming compacts;
  4. It authorizes technical assistance to tribes for a number of 
purposes including strengthening tribal regulatory regimes; assessing 
the feasibility of non-gaming economic development activities on Indian 
lands; providing treatment services for problem gamblers; and for other 
purposes not inconsistent with the IGRA;
  5. It launches a negotiated rulemaking to eventually clarify the 
current conflict between the IGRA and other Federal law with regard to 
the classification of certain games conducted by tribes; and
  6. Last, to bring the Commission in line with all other Federal 
agencies it specifically subjects the Commission to the reporting and 
other requirements of the Federal Government Performance and Results 
Act.
  Mr. President, while there are other matters that Indian tribes and 
others wish to address that are not included in this bill, I am hopeful 
that people of good will find this legislation to be appropriate, 
reasonable and targeted to specific issues that he arisen in the part 
12 years.
  It is my hope that we can debate and discuss the bill in Committee to 
get the views of affected parties and iron out whatever differences 
there may be.
  I ask unanimous consent that a copy of the legislation be printed in 
the Record. I thank the Chair and I yield the floor.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2920

       Be it enacted by the Senate and House of Representatives of 
     the United States in Congress assembled,

     SECTION 1. SHORT TITLE.

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

[[Page S7553]]

     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 130-62)). 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 Indiana 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

[[Page S7554]]

     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,''.
                                 ______