[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1529 Reported in Senate (RS)]
Calendar No. 739
108th CONGRESS
2d Session
S. 1529
[Report No. 108-380]
To amend the Indian Gaming Regulatory Act to include provisions
relating to the payment and administration of gaming fees, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31 (legislative day, July 21), 2003
Mr. Campbell (for himself and Mr. Inouye) introduced the following
bill; which was read twice and referred to the Committee on Indian
Affairs
September 28, 2004
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 to include provisions
relating to the payment and administration of gaming fees, 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
Act Amendments of 2003''.</DELETED>
<DELETED> SEC. 2. PAYMENT AND ADMINISTRATION OF GAMING FEES.</DELETED>
<DELETED> (a) Definitions.--Section 4(7) of the Indian Gaming
Regulatory Act (25 U.S.C. 2703(7)) is amended by adding at the end the
following:</DELETED>
<DELETED> ``(G) Technological aids.--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 through
1177) shall not apply to any gaming described in
subparagraph (A)(i) for which an electronic aid,
computer, or other technological aid is used in
connection with the gaming.''.</DELETED>
<DELETED> (b) National Indian Gaming Commission.--Section 5 of the
Indian Gaming Regulatory Act (25 U.S.C. 2704) is amended--</DELETED>
<DELETED> (1) by striking subsection (c) and inserting the
following:</DELETED>
<DELETED> ``(c) Vacancies.--</DELETED>
<DELETED> ``(1) In general.--A vacancy on the Commission
shall be filled in the same manner as the original
appointment.</DELETED>
<DELETED> ``(2) Successors.--Unless a member of the
Commission is removed for cause under subsection (b)(6), the
member may--</DELETED>
<DELETED> ``(A) be reappointed; and</DELETED>
<DELETED> ``(B) serve after the expiration of the
term of the member until a successor is appointed.'';
and</DELETED>
<DELETED> (2) in subsection (e), in the last sentence, by
inserting ``or disability'' after ``in the absence''.</DELETED>
<DELETED> (c) Powers of Chairman.--Section 6 of the Indian Gaming
Regulatory Act (25 U.S.C. 2705) is amended by adding at the end the
following:</DELETED>
<DELETED> ``(c) Delegation.--The Chairman may delegate to an
individual Commissioner any of the authorities described in subsection
(a).</DELETED>
<DELETED> ``(d) Applicable Authority.--In carrying out any function
under this section, a Commissioner serving in the capacity of the
Chairman shall be governed by--</DELETED>
<DELETED> ``(1) such general policies as are formally
adopted by the Commission; and</DELETED>
<DELETED> ``(2) such regulatory decisions, findings, and
determinations as are made by the Commission.''.</DELETED>
<DELETED> (d) Powers of Commission.--Section 7 of the Indian Gaming
Regulatory Act (25 U.S.C. 2706) is amended--</DELETED>
<DELETED> (1) in paragraphs (1), (2), and (4) of subsection
(b), by striking ``class II gaming'' each place it appears and
inserting ``class II gaming and class III gaming'';</DELETED>
<DELETED> (2) by redesignating subsection (c) as subsection
(d);</DELETED>
<DELETED> (3) by inserting after subsection (b) the
following:</DELETED>
<DELETED> ``(c) Strategic Plan.--</DELETED>
<DELETED> ``(1) In general.--The Commission shall develop a
strategic plan for use in carrying out activities of the
Commission.</DELETED>
<DELETED> ``(2) Requirements.--The strategic plan shall
include--</DELETED>
<DELETED> ``(A) a comprehensive mission statement
describing the major functions and operations of the
Commission;</DELETED>
<DELETED> ``(B) a description of the goals and
objectives of the Commission;</DELETED>
<DELETED> ``(C) a description of the means by which
those 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 achieve
those goals and objectives;</DELETED>
<DELETED> ``(D) a performance plan for achievement
of those goals and objectives that is consistent with--
</DELETED>
<DELETED> ``(i) other components of the
strategic plan; and</DELETED>
<DELETED> ``(ii) section 1115 of title 31,
United States Code;</DELETED>
<DELETED> ``(E) an identification of the key factors
that are external to, or beyond the control of, the
Commission that could significantly affect the
achievement of those goals and objectives;
and</DELETED>
<DELETED> ``(F) a description of the program
evaluations used in establishing or revising those
goals and objectives, including a schedule for future
program evaluations.</DELETED>
<DELETED> ``(3) Biennial plan.--</DELETED>
<DELETED> ``(A) Period covered.--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.</DELETED>
<DELETED> ``(B) Updates and revisions.--The
strategic plan shall be updated and revised
biennially.''; and</DELETED>
<DELETED> (4) in subsection (d) (as redesignated by
paragraph (2))--</DELETED>
<DELETED> (A) in paragraph (3), by striking ``and''
at the end;</DELETED>
<DELETED> (B) by redesignating paragraph (4) as
paragraph (5); and</DELETED>
<DELETED> (C) by inserting after paragraph (3) the
following:</DELETED>
<DELETED> ``(4) the strategic plan for activities of the
Commission described in subsection (c); and''.</DELETED>
<DELETED> (e) Commission Staffing.--Section 8 of the Indian Gaming
Regulatory Act (25 U.S.C. 2707) is amended--</DELETED>
<DELETED> (1) in subsection (a), by striking ``GS-18 of the
General Schedule under section 5332'' and inserting ``level IV
of the Executive Schedule under section 5318'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) by striking ``(b) The Chairman'' and
inserting the following:</DELETED>
<DELETED> ``(b) Staff.--</DELETED>
<DELETED> ``(1) In general.--The Chairman''; and</DELETED>
<DELETED> (B) by striking the last sentence and
inserting the following:</DELETED>
<DELETED> ``(2) Compensation.--</DELETED>
<DELETED> ``(A) In general.--Staff appointed under
paragraph (1) shall be paid without regard to the
provision of chapter 51 and subchapter III of chapter
53, of title 5, United States Code, relating to General
Schedule pay rates.</DELETED>
<DELETED> ``(B) Maximum rate of pay.--The rate of
pay for an individual appointed under paragraph (1)
shall not exceed the rate payable for level IV of the
Executive Schedule under section 5315 of title 5,
United States Code.''; and</DELETED>
<DELETED> (3) by striking subsection (c) and inserting the
following:</DELETED>
<DELETED> ``(c) Temporary Services.--</DELETED>
<DELETED> ``(1) In general.--The Chairman may procure
temporary and intermittent services under section 3109 of title
5, United States Code.</DELETED>
<DELETED> ``(2) Maximum rate of pay.--The rate of pay for an
individual for service described in paragraph (1) shall not
exceed the daily equivalent of the maximum rate payable for
level IV of the Executive Schedule under section 5318 of title
5, United States Code.''.</DELETED>
<DELETED> (f) Tribal Gaming Ordinances.--Section 11 of the Indian
Gaming Regulatory Act (25 U.S.C. 2710) is amended--</DELETED>
<DELETED> (1) in subsection (b)(2)(F), by striking clause
(i) and inserting the following:</DELETED>
<DELETED> ``(i) ensures that--</DELETED>
<DELETED> ``(I) background investigations
are conducted on the tribal gaming
commissioners, key tribal gaming commission
employees, and primary management officials and
key employees of the gaming enterprise;
and</DELETED>
<DELETED> ``(II) oversight of primary
management officials and key employees is
conducted on an ongoing basis; and'';
and</DELETED>
<DELETED> (2) in subsection (d)--</DELETED>
<DELETED> (A) in paragraph (4)--</DELETED>
<DELETED> (i) by striking ``(4) Except'' and
inserting the following:</DELETED>
<DELETED> ``(4) Revenue sharing.--</DELETED>
<DELETED> ``(A) In general.--Except for any
assessments that may be agreed to under paragraph
(3)(C)(iii), nothing in this section confers on a State
or political subdivision of a State authority to impose
any tax, fee, charge, or other assessment on any Indian
tribe or any other person or entity authorized by an
Indian tribe to engage in a class III activity. No
State may refuse to enter into the negotiations
described in paragraph (3)(A) based on the lack of
authority in the State or a political subdivision of
the State to impose such a tax, fee, charge, or other
assessment.</DELETED>
<DELETED> ``(B) Apportionment of revenues.--The
Secretary may not approve any Tribal-State compact or
other agreement that includes an apportionment of net
revenues with a State, local government, or other
Indian tribes unless--</DELETED>
<DELETED> ``(i) in the case of apportionment
with other Indian tribes, the net revenues are
not distributable by the other Indian tribes to
members of the Indian tribes on a per capita
basis;</DELETED>
<DELETED> ``(ii) in the case of
apportionment with local governments, the total
amount of net revenues exceeds the amounts
necessary to meet the requirements of clauses
(i) and (ii) of subsection (b)(2)(B), but only
to the extent that the excess revenues reflect
the actual costs incurred by affected local
governments as a result of the operation of
gaming activities; or</DELETED>
<DELETED> ``(iii) in the case of
apportionment with a State--</DELETED>
<DELETED> ``(I) the total amount of
net revenues--</DELETED>
<DELETED> ``(aa) exceeds the
amounts necessary to meet the
requirements of clauses (i) and
(ii) of subsection (b)(2)(B)
and clause (ii) of this
subparagraph, if applicable;
and</DELETED>
<DELETED> ``(bb) is in
accordance with regulations
promulgated by the Secretary
under subparagraph (C);
and</DELETED>
<DELETED> ``(II) a substantial
economic benefit is rendered by the
State to the Indian tribe.</DELETED>
<DELETED> ``(C) Regulations.--Not later than 90 days
after the date of enactment of this paragraph, the
Secretary shall promulgate regulations to provide
guidance to Indian tribes and States on the scope of
allowable assessments negotiated under paragraph
(3)(C)(iii) and the apportionment of revenues
negotiated in accordance with subparagraph
(B).'';</DELETED>
<DELETED> (B) in paragraph (7)(B)(vii), by inserting
``not later than 90 days after notification is made''
after ``the Secretary shall prescribe''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(10) Extension of term of tribal-state
compact.--Any Tribal-State compact approved by the Secretary in
accordance with paragraph (8) shall remain in effect for up to 180 days
after expiration of the Tribal-State compact if--</DELETED>
<DELETED> ``(A) the Indian tribe certifies to the
Secretary that the Indian tribe requested a new compact
not later than 90 days before expiration of the
compact; and</DELETED>
<DELETED> ``(B) a new compact has not been agreed
on.''.</DELETED>
<DELETED> (g) Management Contracts.--Section 12 of the Indian Gaming
Regulatory Act (25 U.S.C. 2711) is amended--</DELETED>
<DELETED> (1) by striking the section heading and all that
follows through ``Subject'' in subsection (a)(1) and inserting
the following:</DELETED>
<DELETED>``SEC. 12. MANAGEMENT CONTRACTS.</DELETED>
<DELETED> ``(a) Class II Gaming and Class III Gaming Activities;
Information on Operators.--</DELETED>
<DELETED> ``(1) Gaming activities.--Subject''; and</DELETED>
<DELETED> (2) in subsection (a)(1), by striking ``class II
gaming activity that the Indian tribe may engage in under
section 11(b)(1) of this Act,'' and inserting ``class II gaming
activity in which the Indian tribe may engage under section
11(b)(1), or a class III gaming activity in which the Indian
tribe may engage under section 11(d),''.</DELETED>
<DELETED> (h) Commission Funding.--Section 18 of the Indian Gaming
Regulatory Act (25 U.S.C. 2717) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by striking paragraphs (1) through (3)
and inserting the following:</DELETED>
<DELETED> ``(1) Schedule of fees.--</DELETED>
<DELETED> ``(A) In general.--Except as provided in
this section, the Commission shall establish a schedule
of fees to be paid annually to the Commission, on a
quarterly basis, by each gaming operation that conducts
a class II gaming or class III gaming activity that is
regulated, in whole or in part, by this Act.</DELETED>
<DELETED> ``(B) Rates.--The rate of fees under the
schedule established under subparagraph (A) that are
imposed on the gross revenues from each operation that
conducts a class II gaming or class III gaming activity
described in that paragraph shall be (as determined by
the Commission)--</DELETED>
<DELETED> ``(i) a progressive rate structure
levied on the gross revenues in excess of
$1,500,000 from each operation that conducts a
class II gaming or class III gaming activity;
or</DELETED>
<DELETED> ``(ii) a flat fee levied on the
gross revenues from each operation that
conducts a class II gaming or class III gaming
activity.</DELETED>
<DELETED> ``(C) Total amount.--The total amount of
all fees imposed during any fiscal year under the
schedule established under subparagraph (A) shall not
exceed--</DELETED>
<DELETED> ``(i) $10,000,000 for each of
fiscal years 2004 and 2005;</DELETED>
<DELETED> ``(ii) $11,000,000 for each of
fiscal years 2006 and 2007; and</DELETED>
<DELETED> ``(iii) $12,000,000 for each of
fiscal years 2008 and 2009.''; and</DELETED>
<DELETED> (B) by redesignating paragraphs (4)
through (6) as paragraphs (2) through (4),
respectively;</DELETED>
<DELETED> (2) by redesignating subsection (b) as subsection
(d);</DELETED>
<DELETED> (3) in paragraph (2) of subsection (d) (as
redesignated by paragraph (2)), by striking ``section 19 of
this Act'' and inserting ``section 28''; and</DELETED>
<DELETED> (4) by inserting after subsection (a) the
following:</DELETED>
<DELETED> ``(b) Fee Procedures.--</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.</DELETED>
<DELETED> ``(2) Fees assessed.--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) Regulations.--The Commission shall
promulgate such regulations as are necessary to carry out this
subsection.</DELETED>
<DELETED> ``(c) Fee Reduction Program.--</DELETED>
<DELETED> ``(1) In general.--In making a determination of
the amount of fees to be assessed for any class II gaming 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--</DELETED>
<DELETED> ``(A) the extent and quality of regulation
of the gaming activity provided by a State or Indian
tribe, or both, in accordance with an approved State-
tribal compact;</DELETED>
<DELETED> ``(B) the extent and quality of self-
regulating activities covered by this Act that are
conducted by an Indian tribe; and</DELETED>
<DELETED> ``(C) other factors determined by the
Commission, including--</DELETED>
<DELETED> ``(i) the unique nature of tribal
gaming as compared with 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;</DELETED>
<DELETED> ``(v) the amount of interest or
investment income derived from the Indian
gaming regulation accounts; and</DELETED>
<DELETED> ``(vi) any other matter that is
consistent with the purposes under section
3.</DELETED>
<DELETED> ``(2) Rulemaking.--The Commission shall promulgate
such regulations as are necessary to carry out this
subsection.''.</DELETED>
<DELETED> (i) Additional Amendments.--The Indian Gaming Regulatory
Act is amended--</DELETED>
<DELETED> (1) by striking section 19 (25 U.S.C.
2718);</DELETED>
<DELETED> (2) by redesignating sections 20 through 24 (25
U.S.C. 2719 through 2723) as sections 23 through 27,
respectively;</DELETED>
<DELETED> (3) by inserting after section 18 (25 U.S.C. 2717)
the following:</DELETED>
<DELETED>``SEC. 19. INDIAN GAMING REGULATION ACCOUNTS.</DELETED>
<DELETED> ``(a) In General.--All fees and civil forfeitures
collected by the Commission in accordance with this Act shall--
</DELETED>
<DELETED> ``(1) be maintained in separate, segregated
accounts; and</DELETED>
<DELETED> ``(2) be expended only for purposes described in
this Act.</DELETED>
<DELETED> ``(b) Investments.--</DELETED>
<DELETED> ``(1) In general.--The Commission shall invest
such portion of the accounts maintained under subsection (a) as
are not, in the judgment of the Commission, required to meet
immediate expenses.</DELETED>
<DELETED> ``(2) Types of investments.--Investments may be
made only in interest-bearing obligations of the United States
guaranteed as to both principal and interest by the United
States.</DELETED>
<DELETED> ``(c) Sale of Obligations.--Any obligation acquired with
funds in an account maintained under subsection (a)(1) (except special
obligations issued exclusively to those accounts, which may be redeemed
at par plus accrued interest) may be sold by the Commission at the
market price.</DELETED>
<DELETED> ``(d) Credits to Indian Gaming Regulatory Accounts.--The
interest on, and proceeds from, the sale or redemption of any
obligation held in an account maintained under subsection (a)(1) shall
be credited to and form a part of the account.</DELETED>
<DELETED>``SEC. 20. MINIMUM STANDARDS.</DELETED>
<DELETED> ``(a) Class I Gaming.--Notwithstanding any other provision
of law, class I gaming on Indian land--</DELETED>
<DELETED> ``(1) shall remain within the exclusive
jurisdiction of the Indian tribe having jurisdiction over the
Indian land; and</DELETED>
<DELETED> ``(2) shall not be subject to this Act.</DELETED>
<DELETED> ``(b) Class II Gaming.--</DELETED>
<DELETED> ``(1) In general.--Subject to paragraph (2), an
Indian tribe shall retain primary jurisdiction over regulation
of class II gaming activities conducted by the Indian
tribe.</DELETED>
<DELETED> ``(2) Conduct of class ii gaming.--Any class II
gaming activity shall be conducted in accordance with--
</DELETED>
<DELETED> ``(A) section 11; and</DELETED>
<DELETED> ``(B) regulations promulgated under
subsection (d).</DELETED>
<DELETED> ``(c) Class III Gaming.--</DELETED>
<DELETED> ``(1) In general.--Subject to paragraph (2), an
Indian tribe shall retain primary jurisdiction over regulation
of class III gaming activities conducted by the Indian
tribe.</DELETED>
<DELETED> ``(2) Conduct of class iii gaming.--Any class III
gaming operated by an Indian tribe under this Act shall be
conducted in accordance with--</DELETED>
<DELETED> ``(A) section 11; and</DELETED>
<DELETED> ``(B) regulations promulgated under
subsection (d).</DELETED>
<DELETED> ``(d) Rulemaking.--</DELETED>
<DELETED> ``(1) In general.--</DELETED>
<DELETED> ``(A) Promulgation.--Not later than 180
days after the date of enactment of the Indian Gaming
Regulatory Act Amendments of 2003, the Commission shall
develop procedures under subchapter III of chapter 5 of
title 5, United States Code, to negotiate and
promulgate regulations relating to--</DELETED>
<DELETED> ``(i) the monitoring and
regulation of tribal gaming;</DELETED>
<DELETED> ``(ii) the establishment and
regulation of internal control systems;
and</DELETED>
<DELETED> ``(iii) the conduct of background
investigation.</DELETED>
<DELETED> ``(B) Publication of proposed
regulations.--Not later than 1 year after the date of
enactment of the Indian Gaming Regulatory Act
Amendments of 2003, the Commission shall publish in the
Federal Register proposed regulations developed by a
negotiated rulemaking committee in accordance with this
section.</DELETED>
<DELETED> ``(2) Committee.--A negotiated rulemaking
committee established in accordance with 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 in
accordance with this Act.</DELETED>
<DELETED> ``(e) Elimination of Existing Regulations.--</DELETED>
<DELETED> ``(1) In general.--Except as provided in paragraph
(2), as of the date that is 1 year after the date of enactment
of the Indian Gaming Regulatory Act Amendments of 2003,
regulations establishing minimum internal control standards
promulgated by the Commission that are in effect as of the date
of enactment of the Indian Gaming Regulatory Act Amendments of
2003 shall have no force or effect.</DELETED>
<DELETED> ``(2) Exception for affirmation of existing
regulations.--Notwithstanding paragraph (1), if, before the
date of enactment of the Indian Gaming Regulatory Act
Amendments of 2003, the Commission certifies to the Secretary
of the Interior that the Commission has promulgated regulations
that establish minimum internal control standards that meet the
requirements of subsection (d)(1)(A) and were developed in
consultation with affected Indian tribes, the regulations
shall--</DELETED>
<DELETED> ``(A) be considered to satisfy the
requirements of paragraph (1); and</DELETED>
<DELETED> ``(B) remain in full force and
effect.</DELETED>
<DELETED>``SEC. 21. USE OF NATIONAL INDIAN GAMING COMMISSION CIVIL
FINES.</DELETED>
<DELETED> ``(a) Account.--Amounts collected by the Commission under
section 14 shall--</DELETED>
<DELETED> ``(1) be deposited in a separate Indian gaming
regulation account established under section 19(d)(1)(A);
and</DELETED>
<DELETED> ``(2) be available to the Commission, as provided
for in advance in Acts of appropriation, for use in carrying
out this Act.</DELETED>
<DELETED> ``(b) Use of Funds.--</DELETED>
<DELETED> ``(1) In general.--The Commission may provide
grants and technical assistance to Indian tribes using funds
secured by the Commission under section 14.</DELETED>
<DELETED> ``(2) Uses.--A grant or financial assistance
provided under paragraph (1) may be used only--</DELETED>
<DELETED> ``(A) to provide technical training and
other assistance to an Indian tribe to strengthen the
regulatory integrity of Indian gaming;</DELETED>
<DELETED> ``(B) to provide assistance to an Indian
tribe to assess the feasibility of conducting nongaming
economic development activities on Indian
land;</DELETED>
<DELETED> ``(C) to provide assistance to an Indian
tribe to devise and implement programs and treatment
services for individuals diagnosed as problem gamblers;
or</DELETED>
<DELETED> ``(D) to provide to an Indian tribe 1 or
more other forms of assistance that are not
inconsistent with this Act.</DELETED>
<DELETED> ``(c) Source of Funds.--Amounts used to carry out
subsection (b) may be derived only from funds--</DELETED>
<DELETED> ``(1) collected by the Commission under section
14; and</DELETED>
<DELETED> ``(2) authorized for use in advance by an Act of
appropriation.</DELETED>
<DELETED> ``(d) Regulations.--The Commission may promulgate such
regulations as are necessary to carry out this section.</DELETED>
<DELETED>``SEC. 22. TRIBAL CONSULTATION.</DELETED>
<DELETED> ``In carrying out this Act, the Secretary of the Interior,
Secretary of the Treasury, and Chairman of the Commission shall involve
and consult with Indian tribes to the maximum extent practicable, as
appropriate, in a manner that is consistent with the Federal trust and
the government-to-government relationship that exists between Indian
tribes and the Federal Government.''; and</DELETED>
<DELETED> (4) by inserting after section 27 (as redesignated
by paragraph (2)) the following:</DELETED>
<DELETED>``SEC. 28. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> ``(a) In General.--Subject to section 18, there is
authorized to be appropriated to carry out this Act, for fiscal year
1998 and each fiscal year thereafter, an amount equal to the amount of
funds derived from the assessments authorized by section
18(a).</DELETED>
<DELETED> ``(b) Additional Amounts.--Notwithstanding section 18, in
addition to amounts authorized to be appropriated by subsection (a),
there are authorized to be appropriated $2,000,000 to fund the
operation of the Commission for fiscal year 1998 and each fiscal year
thereafter.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Gaming Regulatory Act
Amendments of 2004''.
SEC. 2. ADMINISTRATION AND FEES.
(a) Definitions.--Section 4(7) of the Indian Gaming Regulatory Act
(25 U.S.C. 2703(7)) is amended--
(1) in subparagraph (E), by striking ``of the Indian Gaming
Regulatory Act (25 U.S.C. 2710(d)(3))''; and
(2) by adding at the end the following:
``(G) Technological aids.--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 et seq.),
shall not apply to any gaming described in subparagraph
(A)(i) for which an electronic aid, computer, or other
technological aid is used in connection with the
gaming.''.
(b) National Indian Gaming Commission.--Section 5 of the Indian
Gaming Regulatory Act (25 U.S.C. 2704) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Vacancies.--
``(1) In general.--A vacancy on the Commission shall be
filled in the same manner as the original appointment.
``(2) Successors.--Unless a member of the Commission is
removed for cause under subsection (b)(6), the member may--
``(A) be reappointed; and
``(B) serve after the expiration of the term of the
member until a successor is appointed.''; and
(2) in subsection (e), in the last sentence, by inserting
``or disability'' after ``in the absence''.
(c) Powers of Chairman.--Section 6 of the Indian Gaming Regulatory
Act (25 U.S.C. 2705) is amended by adding at the end the following:
``(c) Delegation.--The Chairman may delegate to an individual
Commissioner any of the authorities described in subsection (a).
``(d) Applicable Authority.--In carrying out any function under
this section, a Commissioner serving in the capacity of the Chairman
shall be governed by--
``(1) such general policies as are formally adopted by the
Commission; and
``(2) such regulatory decisions, findings, and
determinations as are made by the Commission.''.
(d) Powers of Commission.--Section 7 of the Indian Gaming
Regulatory Act (25 U.S.C. 2706) is amended--
(1) by redesignating subsection (c) as subsection (e);
(2) by inserting after subsection (b) the following:
``(c) Strategic Plan.--
``(1) In general.--The Commission shall develop a strategic
plan for use in carrying out activities of the Commission.
``(2) Requirements.--The strategic plan shall include--
``(A) a comprehensive mission statement describing
the major functions and operations of the Commission;
``(B) a description of the goals and objectives of
the Commission;
``(C) a description of the general means by which
those goals and objectives are to be achieved,
including a description of the operational processes,
skills, and technology, and the human resources,
capital, information, and other resources required to
achieve those goals and objectives;
``(D) a performance plan for achievement of those
goals and objectives that is consistent with--
``(i) other components of the strategic
plan; and
``(ii) section 1115 of title 31, United
States Code;
``(E) an identification of the key factors that are
external to, or beyond the control of, the Commission
that could significantly affect the achievement of
those goals and objectives; and
``(F) a description of the program evaluations used
in establishing or revising those goals and objectives,
including a schedule for future program evaluations.
``(3) Biennial plan.--
``(A) Period covered.--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.
``(B) Updates and revisions.--The strategic plan
shall be updated and revised biennially.
``(d) Registration of Technological Aids.--
``(1) In general.--The Commission shall require the
registration of--
``(A) any electronic aid, computer, or other
technological aid described in section 4(7)(G) that is
intended for use on Indian land; and
``(B) any manufacturer, seller, dealer, buyer,
lessor, or any other person that is engaged in the
business of repairing, reconditioning, or reprogramming
such technological aids.
``(2) Registration of manufacturers and dealers.--A
manufacturer, seller, dealer, buyer, lessor, or any other
person that intends to be engaged in the business of repairing,
reconditioning, or reprogramming any electronic aid, computer,
or other technological aid described in section 4(7)(G) that is
intended for use on Indian land in a calendar year shall register with
the Commission not later than November 30 of the preceding calendar
year.
``(3) Numbering and records for technological aids.--
``(A) Manufacturers.--A manufacturer of an
electronic, computer, or other technological aid
described in section 4(7)(G) shall--
``(i) sequentially number each
technological aid; and
``(ii) permanently affix to the
technological aid, so as to be clearly visible,
the serial number, legal and trade name of the
manufacturer, and date of manufacture of the
technological aid.
``(B) Persons required to register.--
``(i) Numbering.--A person required to
register under paragraph (2) shall--
``(I) sequentially number each
electronic aid, computer, or other
technological aid within the physical
possession of the person, if a
manufacturer's serial number has not
been previously affixed in accordance
with paragraph (A); and
``(II) permanently affix to the
technological aid, so as to be clearly
visible, the serial number, legal name
and trade name of the registrant, and
date on which the serial number is
affixed.
``(ii) Records.--A person required to
register under paragraph (2) for any calendar
year shall, on and after the date of
registration or the first day of that year
(whichever occurs later), maintain a record by
calendar month, for all periods thereafter in
the year, of each electronic aid, computer, or
other technological aid within the possession
of the registrant that discloses--
``(I) the information required by
subparagraph (A) and clause (i); and
``(II) on transfer of possession of
the technological aid, the legal and
trade name of the person to which
possession is transferred and the date
of the transfer.
``(4) Civil penalties.--A person that fails to comply with
this subsection shall be subject to the penalties prescribed in
section 14 as if the person were a management contractor
engaged in gaming.''; and
(3) in subsection (e) (as redesignated by paragraph (1))--
(A) in paragraph (3), by striking ``the Act; and''
and inserting ``this Act;'';
(B) by redesignating paragraph (4) as paragraph
(5); and
(C) by inserting after paragraph (3) the following:
``(4) the strategic plan for activities of the Commission
described in subsection (c); and''.
(e) Commission Staffing.--Section 8 of the Indian Gaming Regulatory
Act (25 U.S.C. 2707) is amended--
(1) in subsection (a), by striking ``GS-18 of the General
Schedule under section 5332'' and inserting ``level IV of the
Executive Schedule under section 5318'';
(2) in subsection (b)--
(A) by striking ``(b) The Chairman'' and inserting
the following:
``(b) Staff.--
``(1) In general.--The Chairman''; and
(B) by striking the last sentence and inserting the
following:
``(2) Compensation.--
``(A) In general.--Staff appointed under paragraph
(1) shall be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53, of title
5, United States Code, relating to General Schedule pay
rates.
``(B) Maximum rate of pay.--The rate of pay for an
individual appointed under paragraph (1) shall not
exceed the rate payable for level IV of the Executive
Schedule under section 5315 of title 5, United States
Code.''; and
(3) by striking subsection (c) and inserting the following:
``(c) Temporary Services.--
``(1) In general.--The Chairman may procure temporary and
intermittent services under section 3109 of title 5, United
States Code.
``(2) Maximum rate of pay.--The rate of pay for an
individual for service described in paragraph (1) shall not
exceed the daily equivalent of the maximum rate payable for
level IV of the Executive Schedule under section 5318 of title
5, United States Code.''.
(f) Tribal Gaming Ordinances.--Section 11 of the Indian Gaming
Regulatory Act (25 U.S.C. 2710) is amended--
(1) in subsection (b)(2)(F), by striking clause (i) and
inserting the following:
``(i) ensures that--
``(I) background investigations are
conducted on the tribal gaming commissioners,
key tribal gaming commission employees, and
primary management officials and key employees
of the gaming enterprise; and
``(II) oversight of primary management
officials and key employees is conducted on an
ongoing basis; and''; and
(2) in subsection (d)--
(A) by striking paragraph (4) and inserting the
following:
``(4) Revenue apportionment.--
``(A) In general.--Except for any assessments that
may be agreed to under paragraph (3)(C)(iii), nothing
in this section confers on a State or any political
subdivision of a State authority to impose any tax,
fee, charge, or other assessment on an Indian tribe or
on any other person or entity authorized by an Indian tribe to engage
in a class III activity.
``(B) Negotiations.--No State may refuse to enter
into the negotiations described in paragraph (3)(A)
based on the lack of authority in a State, or political
subdivision of a State, to impose such a tax, fee,
charge, or other assessment.
``(C) Apportionment of revenues.--The Secretary may
not approve any Tribal-State compact or other agreement
that includes an apportionment of revenues with a State
or local government unless--
``(i) in the case of apportionment with
local governments, the total amount of net
revenues exceeds the amounts necessary to meet
the requirements of subsection (b)(2)(B)(i),
but only to the extent that the excess revenues
reflect the actual costs incurred by affected
local governments as a result of the operation
of gaming activities; or
``(ii) in the case of apportionment with a
State--
``(I) the total amount of net
revenues--
``(aa) exceeds the amounts
necessary to meet the
requirements of clauses (i) and
(iii) of subsection (b)(2)(B)
and clause (i) of this
subparagraph, if applicable;
and
``(bb) is in accordance
with regulations promulgated by
the Secretary under
subparagraph (D); and
``(II) a substantial economic
benefit is rendered by the State to the
Indian tribe.
``(D) Regulations.--Not later than 18 months after
the date of enactment of this subparagraph, the
Secretary shall promulgate regulations to provide
guidance to Indian tribes and States on the scope of
allowable assessments negotiated under paragraph
(3)(C)(iii) and the apportionment of revenues
negotiated in accordance with subparagraph (C).
``(E) No effect on existing agreements.--Nothing in
this paragraph affects any existing Tribal-State
compact or other agreement providing for an
apportionment of revenues with a State, local
government, or other Indian tribe.'';
(B) in paragraph (7)(B)(vii), by inserting ``not
later than 180 days after notification is made'' after
``the Secretary shall prescribe''; and
(C) by striking paragraph (9) and inserting the
following:
``(9) Extension of negotiating timeframe.--Class III gaming
activities conducted by an Indian tribe on Indian land shall be
lawful under this Act for up to 180 days after expiration of a
Tribal-State compact if the Indian tribe signatory to the
compact certifies to the Secretary that--
``(A) the Indian tribe requested a new compact not
later than 90 days before expiration of the compact;
and
``(B) a new compact has not been agreed on.''.
(g) Management Contracts.--Section 12 of the Indian Gaming
Regulatory Act (25 U.S.C. 2711) is amended--
(1) by striking the section heading and all that follows
through ``Subject'' in subsection (a)(1) and inserting the
following:
``SEC. 12. MANAGEMENT CONTRACTS.
``(a) Class II Gaming and Class III Gaming Activities; Information
on Operators.--
``(1) Gaming activities.--Subject''; and
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``class II gaming activity
that the Indian tribe may engage in under
section 11(b)(1) of this Act,'' and inserting
``class II gaming activity in which the Indian
tribe may engage under section 11(b)(1), or a
class III gaming activity in which the Indian
tribe may engage under section 11(d),''; and
(ii) by adjusting the margins of
subparagraphs (A), (B), and (C) appropriately;
(B) in paragraph (2), by striking ``(2) Any
person'' and inserting the following:
``(2) Requirement to respond.--Any person''; and
(C) in paragraph (3), by striking ``(3) For
purposes'' and inserting the following:
``(3) References to management contracts.--For purposes''.
(h) Commission Funding.--Section 18 of the Indian Gaming Regulatory
Act (25 U.S.C. 2717) is amended--
(1) by striking the section heading and all that follows
through paragraph (3) of subsection (a) and inserting the
following:
``SEC. 18. COMMISSION FUNDING.
``(a) Fees.--
``(1) Fee schedule.--
``(A) In general.--Except as provided in this
section, the Commission shall establish a schedule of
fees to be paid annually to the Commission, on a
quarterly basis, by each gaming operation that conducts
a class II gaming or class III gaming activity that is
regulated, in whole or in part, by this Act.
``(B) Rates.--The rate of fees under the schedule
established under subparagraph (A) that are imposed on
the gross revenues from each operation that conducts a
class II gaming or class III gaming activity described
in that paragraph shall be (as determined by the
Commission)--
``(i) a progressive rate structure levied
on the gross revenues in excess of $1,500,000
from each operation that conducts a class II
gaming or class III gaming activity; or
``(ii) a flat fee levied on the gross
revenues from each operation that conducts a
class II gaming or class III gaming activity.
``(C) Total amount.--Notwithstanding any other
provision of law, the total amount of all fees imposed
during any fiscal year under the schedule established
under subparagraph (A) shall not exceed--
``(i) $11,500,000 for fiscal year 2005;
``(ii) $12,000,000 for each of fiscal years
2006 and 2007; and
``(iii) $13,000,000 for each of fiscal
years 2008 and 2009.''; and
(B) by redesignating paragraphs (4) through (6) as
paragraphs (2) through (4), respectively;
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following:
``(b) Fee Procedures.--
``(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.
``(2) Fees assessed.--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) Regulations.--The Commission shall promulgate such
regulations as are necessary to carry out this subsection.'';
and
(4) in paragraph (2) of subsection (c) (as redesignated by
paragraph (2)), by striking ``section 19'' and inserting
``section 24''.
(i) Tribal Consultation.--The Indian Gaming Regulatory Act is
amended by striking section 19 (25 U.S.C. 2718) and inserting the
following:
``SEC. 19. TRIBAL CONSULTATION.
``In carrying out this Act (including the use of negotiated
rulemaking with tribal governments and the use of tribal advisory
committees in developing regulatory policies, standards, and
definitions), the Secretary, Secretary of the Treasury, and Chairman of
the Commission shall involve and consult with Indian tribes to the
maximum extent practicable, as appropriate, in a manner that is
consistent with the Federal trust and the government-to-government
relationship that exists between Indian tribes and the Federal
Government.''.
(j) Authorization of Appropriations.--The Indian Regulatory Gaming
Act is amended--
(1) in section 23 (102 Stat. 2487), by striking the section
heading and all that follows through ``Chapter 53'' and
inserting the following:
``SEC. 23. CRIMINAL PENALTIES.
``(a) In General.--Chapter 53'';
(2) in section 24 (102 Stat. 2488), by striking the section
heading and all that follows through ``The table'' and
inserting the following:
``(b) Conforming Amendment.--The table''; and
(3) by adding at the end the following:
``SEC. 24. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--Subject to section 18, there is authorized to be
appropriated to carry out this Act, for fiscal year 1998 and each
fiscal year thereafter, an amount equal to the amount of funds derived
from the assessments authorized by section 18(a).
``(b) Additional Amounts.--Notwithstanding section 18, in addition
to amounts authorized to be appropriated by subsection (a), there are
authorized to be appropriated $2,000,000 to fund the operation of the
Commission for fiscal year 1998 and each fiscal year thereafter.''.
Calendar No. 739
108th CONGRESS
2d Session
S. 1529
[Report No. 108-380]
_______________________________________________________________________
A BILL
To amend the Indian Gaming Regulatory Act to include provisions
relating to the payment and administration of gaming fees, and for
other purposes.
_______________________________________________________________________
September 28, 2004
Reported with an amendment