2000 
[DOCID: f:s832is.txt]






107th CONGRESS
  1st Session
                                 S. 832

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 3, 2001

  Mr. Campbell (for himself and Mr. Inouye) 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 2001''.

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 electronic, computer, or other 
        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 tribal 
        governments, 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, 
        key 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) in section 18(a) (25 U.S.C. 2717(a))--
                    (A) in paragraph (1), by striking ``by each'' and 
                all that follows through the period and inserting 
                ``pursuant to section 22(a)'';
                    (B) by striking paragraphs (2) and (3); and
                    (C) by redesignating paragraphs (4) through (6) as 
                paragraphs (2) through (4), respectively;
            (5) by redesignating section 22 (25 U.S.C. 2721) as section 
        25; and
            (6) 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) Rulemaking.--The Commission shall promulgate 
        regulations as may be necessary to carry out this subsection.
            ``(4) Consultation.--In establishing a schedule of fees 
        under this section, the Commission shall consult with Indian 
        tribes.
    ``(c) Fee Reduction Program.--
            ``(1) In general.--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
1e71
 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.
            ``(2) Rulemaking.--The Commission shall promulgate 
        regulations as may be necessary to carry out this subsection.
            ``(3) Consultation.--In establishing any fee reduction 
        program under this subsection, the Commission shall consult 
        with Indian tribes.
    ``(d) 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 primary jurisdiction to regulate 
class II gaming activities which, at a minimum, shall be conducted in 
conformity with section 11 and regulations promulgated pursuant to 
subsection (d).
    ``(c) Class III Gaming.--Effective on the date of enactment of this 
section, an Indian tribe shall retain primary jurisdiction to regulate 
class III gaming activities authorized under this Act. Any class III 
gaming operated by an Indian tribe pursuant to this Act shall be 
conducted in conformity with section 11 and regulations promulgated 
pursuant to subsection (d).
    ``(d) Rulemaking.--
            ``(1) In general.--
                    ``(A) Promulgation.--Not later than 180 days after 
                the date of enactment of the Indian Gaming Regulatory 
                Improvement Act of 2001, the Commission shall develop 
                procedures under subchapter III of chapter 5 of title 
                5, United States Code, to negotiate and promulgate 
                regulations relating to--
                            ``(i) the monitoring and regulation of 
                        tribal gaming;
                            ``(ii) the establishment and regulation of 
                        internal control systems; and
                            ``(iii) the conduct of background 
                        investigation.
                    ``(B) Publication of proposed regulations.--Not 
                later than 1 year after the date of enactment of the 
                Indian Gaming Regulatory Improvement Act of 2001, the 
                Commission shall publish in the Federal Register 
                proposed regulations developed by a negotiated 
                rulemaking committee pursuant to this section.
            ``(2) Committee.--A negotiated rulemaking committee 
        established pursuant to section 565 of title 5, United States 
        Code, to carry out this subsection 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.
    ``(e) Existing Regulations.--Regulations that establish minimum 
internal control standards that are promulgated by the Commission and 
in effect on the date of enactment of this section shall, effective on 
the date that is 1 year after such date of enactment, have no force or 
effect.

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

    ``(a) In General.--Amounts collected by the Commission pursuant to 
section 14 shall be deposited in a separate Indian gaming regulation 
account as established under section 22(d). Funds in such accounts 
shall be available to the Commission, as provided for in advance in 
appropriations Acts, for carrying out this Act.
    ``(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) Source of Funds.--Amounts used to carry out subsection (b) 
may only be drawn from funds--
            ``(1) collected by the Commission pursuant to section 14; 
        and
            ``(2) the use of which has been authorized in advance by an 
        appropriations Act.
    ``(d) Consultation.--In carrying out this section, the Commission 
shall consult with Indian tribes and any other appropriate tribal or 
Federal officials.
    ``(e) Regulations.--The Commission may promulgate such regulations 
as may be necessary to carry out this section.''.
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