C.F.R. » Title 25 » CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR › SUBCHAPTER F—TRIBAL GOVERNMENT › PART 63—INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION › Subpart B—Minimum Standards of Character and Suitability for Employment

25 C.F.R. § 63.16

Who conducts the background investigation and prepares the determination of suitability for employment?

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(a) The Bureau of Indian Affairs must use the United States Office of Personnel Management (OPM) to conduct background investigations for Federal employees. The BIA must designate qualified security personnel to adjudicate the results of background investigations.

(b) Indian tribes and tribal organizations may conduct their own background investigations, contract with private firms, or request the OPM to conduct an investigation. The investigation should cover the past five years of the individual's employment, education, etc.

Notes of Decisions
Cited in 1 case, 2001–2001 · leading case: Johnson Bear Robe v. Larry Parker, 270 F.3d 1192 (8th Cir. 2001).
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Johnson Bear Robe v. Larry Parker, 270 F.3d 1192 (8th Cir. 2001). “Those sections provide that tribal organizations may conduct their own background checks covering the past five years, and they list various factors that are to be considered in evaluating past conduct.”
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