[Congressional Record Volume 151, Number 85 (Thursday, June 23, 2005)]
[Senate]
[Pages S7299-S7300]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN:
  S. 1295. A bill to amend the Indian Gaming Regulatory Act to provide 
for accountability and funding of the National Indian Gaming 
Commission; to the Committee on Indian Affairs.
  Mr. McCAIN. Mr. President, I am pleased to introduce the National 
Indian Gaming Commission Accountability Act of 2005 to amend provisions 
of the Indian Gaming Regulatory Act regarding NIGC funding and 
accountability.
  The Indian gaming industry has undergone tremendous growth since the 
enactment of the Indian Gaming Regulatory Act in 1988. The regulatory 
responsibilities of the NIGC, the Federal agency responsible for 
oversight of the industry, has likewise grown. In recent years the 
NIGC's budgeting needs have consistently exceeded the $8 million 
statutory cap, necessitating short-term authorizations to exceed the 
cap to enable it to adequately enforce the Act.
  Rather than merely raising the cap on funding, this legislation 
amends IGRA's equation for funding the NIGC by allowing the funding to 
adjust in direct proportion to the revenues of the Indian gaming 
industry, with funding expanding or contracting as the Indian gaming 
industry grows or recedes. Under that equation--which provides that 
fees cannot exceed .08 percent of gross gaming revenues--the NIGC's 
budget for fiscal 2007 would be capped at approximately $14.5 million.
  As the agency's needs have grown, so has the scrutiny of the 
regulated community and affected parties. It is therefore appropriate 
that the agency's budgetary choices and program plans be subject to 
transparency. Therefore, this legislation increases not only the 
agency's funding, but also its accountability by directing that the 
NIGC be subject to the Government Performance and Results Act (GPRA). 
As a result, the agency would be required to develop a Strategic Plan, 
and annual performance plans and performance reports, all of which will 
provide critical information to the regulated stakeholders.
  I look forward to working with my colleagues on both sides of the 
aisle to enact this timely and balanced legislation. I ask unanimous 
consent that the full text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

[[Page S7300]]

                                S. 1295

       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 ``National Indian Gaming 
     Commission Accountability Act of 2005''.

     SEC. 2. COMMISSION ACCOUNTABILITY AND FUNDING.

       (a) Powers of the Commission.--Section 7 of the Indian 
     Gaming Regulatory Act (25 U.S.C. 2706) is amended by adding 
     at the end the following:
       ``(d) Application of Government Performance and Results 
     Act.--
       ``(1) In general.--In carrying out any action under this 
     Act, the Commission shall be subject to the Government 
     Performance and Results Act of 1993 (Public Law 1030962; 107 
     Stat. 285).
       ``(2) Plans.--In addition to any plan required under the 
     Government Performance and Results Act of 1993 (Public Law 
     1030962; 107 Stat. 285), the Commission shall submit a plan 
     to provide technical assistance to tribal gaming operations 
     in accordance with that Act.''.
       (b) Commission Funding.--Section 18(a)(2) of the Indian 
     Gaming Regulatory Act (25 U.S.C. 2717(a)(2)) is amended by 
     striking subparagraph (B) and inserting the following:
       ``(B) The total amount of all fees imposed during any 
     fiscal year under the schedule established under paragraph 
     (1) shall not exceed 0.080 percent of the gross gaming 
     revenues of all gaming operations subject to regulation under 
     this Act.''.
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