§ 2704. — National Indian Gaming Commission.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2704]
TITLE 25--INDIANS
CHAPTER 29--INDIAN GAMING REGULATION
Sec. 2704. National Indian Gaming Commission
(a) Establishment
There is established within the Department of the Interior a
Commission to be known as the National Indian Gaming Commission.
(b) Composition; investigation; term of office; removal
(1) The Commission shall be composed of three full-time members who
shall be appointed as follows:
(A) a Chairman, who shall be appointed by the President with the
advice and consent of the Senate; and
(B) two associate members who shall be appointed by the
Secretary of the Interior.
(2)(A) The Attorney General shall conduct a background investigation
on any person considered for appointment to the Commission.
(B) The Secretary shall publish in the Federal Register the name and
other information the Secretary deems pertinent regarding a nominee for
membership on the Commission and shall allow a period of not less than
thirty days for receipt of public comment.
(3) Not more than two members of the Commission shall be of the same
political party. At least two members of the Commission shall be
enrolled members of any Indian tribe.
(4)(A) Except as provided in subparagraph (B), the term of office of
the members of the Commission shall be three years.
(B) Of the initial members of the Commission--
(i) two members, including the Chairman, shall have a term of
office of three years; and
(ii) one member shall have a term of office of one year.
(5) No individual shall be eligible for any appointment to, or to
continue service on, the Commission, who--
(A) has been convicted of a felony or gaming offense;
(B) has any financial interest in, or management responsibility
for, any gaming activity; or
(C) has a financial interest in, or management responsibility
for, any management contract approved pursuant to section 2711 of
this title.
(6) A Commissioner may only be removed from office before the
expiration of the term of office of the member by the President (or, in
the case of associate member, by the Secretary) for neglect of duty, or
malfeasance in office, or for other good cause shown.
(c) Vacancies
Vacancies occurring on the Commission shall be filled in the same
manner as the original appointment. A member may serve after the
expiration of his term of office until his successor has been appointed,
unless the member has been removed for cause under subsection (b)(6) of
this section.
(d) Quorum
Two members of the Commission, at least one of which is the Chairman
or Vice Chairman, shall constitute a quorum.
(e) Vice Chairman
The Commission shall select, by majority vote, one of the members of
the Commission to serve as Vice Chairman. The Vice Chairman shall serve
as Chairman during meetings of the Commission in the absence of the
Chairman.
(f) Meetings
The Commission shall meet at the call of the Chairman or a majority
of its members, but shall meet at least once every 4 months.
(g) Compensation
(1) The Chairman of the Commission shall be paid at a rate equal to
that of level IV of the Executive Schedule under section 5315 of title
5.
(2) The associate members of the Commission shall each be paid at a
rate equal to that of level V of the Executive Schedule under section
5316 of title 5.
(3) All members of the Commission shall be reimbursed in accordance
with title 5 for travel, subsistence, and other necessary expenses
incurred by them in the performance of their duties.
(Pub. L. 100-497, Sec. 5, Oct. 17, 1988, 102 Stat. 2469.)
Section Referred to in Other Sections
This section is referred to in section 2703 of this title.
