---
kind: "section"
citation: "25 U.S.C. § 2704"
title: "25"
title_heading: "Indians"
number: "2704"
heading: "National Indian Gaming Commission"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/2704"
units:
  - "Chapter 29 — Indian Gaming Regulation"
---

# §2704. National Indian Gaming Commission

- (a) **Establishment—** There is established within the Department of the Interior a [Commission](/usc/25/2703.md?p=3) to be known as the National Indian Gaming [Commission](/usc/25/2703.md?p=3).
- (b) **Composition; investigation; term of office; re­moval—**
  - (1) The [Commission](/usc/25/2703.md?p=3) shall be composed of three full-time members who shall be appointed as follows:
    - (A) a [Chairman](/usc/25/2703.md?p=2), 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](/usc/25/2703.md?p=10) of the Interior.
  - (2)
    - (A) The [Attorney General](/usc/25/2703.md?p=1) shall conduct a background investigation on any person considered for appointment to the [Commission](/usc/25/2703.md?p=3).
    - (B) The [Secretary](/usc/25/2703.md?p=10) shall publish in the Federal Register the name and other information the [Secretary](/usc/25/2703.md?p=10) deems pertinent regarding a nominee for membership on the [Commission](/usc/25/2703.md?p=3) 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](/usc/25/2703.md?p=3) shall be of the same political party. At least two members of the [Commission](/usc/25/2703.md?p=3) shall be enrolled members of any [Indian tribe](/usc/25/2703.md?p=5).
  - (4)
    - (A) Except as provided in [subparagraph (B)](#b-4-B), the term of office of the members of the [Commission](/usc/25/2703.md?p=3) shall be three years.
    - (B) Of the initial members of the [Commission](/usc/25/2703.md?p=3)—
      - (i) two members, including the [Chairman](/usc/25/2703.md?p=2), 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](/usc/25/2703.md?p=3), 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](/usc/25/2711.md).
  - (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](/usc/25/2703.md?p=10)) for neglect of duty, or malfeasance in office, or for other good cause shown.
- (c) **Vacancies—** Vacancies occurring on the [Commission](/usc/25/2703.md?p=3) 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)](#b-6).
- (d) **Quorum—** Two members of the [Commission](/usc/25/2703.md?p=3), at least one of which is the [Chairman](/usc/25/2703.md?p=2) or Vice [Chairman](/usc/25/2703.md?p=2), shall constitute a quorum.
- (e) **Vice Chairman—** The [Commission](/usc/25/2703.md?p=3) shall select, by majority vote, one of the members of the [Commission](/usc/25/2703.md?p=3) to serve as Vice [Chairman](/usc/25/2703.md?p=2). The Vice [Chairman](/usc/25/2703.md?p=2) shall serve as [Chairman](/usc/25/2703.md?p=2) during meetings of the [Commission](/usc/25/2703.md?p=3) in the absence of the [Chairman](/usc/25/2703.md?p=2).
- (f) **Meetings—** The [Commission](/usc/25/2703.md?p=3) shall meet at the call of the [Chairman](/usc/25/2703.md?p=2) or a majority of its members, but shall meet at least once every 4 months.
- (g) **Compensation—**
  - (1) The [Chairman](/usc/25/2703.md?p=2) of the [Commission](/usc/25/2703.md?p=3) shall be paid at a rate equal to that of level IV of the Executive Schedule under [section 5315 of title 5](/usc/5/5315.md).
  - (2) The associate members of the [Commission](/usc/25/2703.md?p=3) shall each be paid at a rate equal to that of level V of the Executive Schedule under [section 5316 of title 5](/usc/5/5316.md).
  - (3) All members of the [Commission](/usc/25/2703.md?p=3) shall be reimbursed in accordance with [title 5](/usc/5.md) for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties.

## Source credit

(Pub. L. 100–497, § 5, Oct. 17, 1988, 102 Stat. 2469.)