§ 3207. — Character investigations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3207]
TITLE 25--INDIANS
CHAPTER 34--INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION
Sec. 3207. Character investigations
(a) By Secretary of the Interior and Secretary of Health and Human
Services
The Secretary and the Secretary of Health and Human Services shall--
(1) compile a list of all authorized positions within their
respective departments the duties and responsibilities of which
involve regular contact with, or control over, Indian children,
(2) conduct an investigation of the character of each individual
who is employed, or is being considered for employment, by the
respective Secretary in a position listed pursuant to paragraph (1),
and
(3) prescribe by regulations minimum standards of character that
each of such individuals must meet to be appointed to such
positions.
(b) Criminal records
The minimum standards of character that are to be prescribed under
this section shall ensure that none of the individuals appointed to
positions described in subsection (a) of this section have been found
guilty of, or entered a plea of nolo contendere or guilty to, any
felonious offense, or any of two or more misdemeanor offenses, under
Federal, State, or tribal law involving crimes of violence; sexual
assault, molestation, exploitation, contact or prostitution; crimes
against persons; or offenses committed against children.
(c) Investigations by Indian tribes and tribal organizations
Each Indian tribe or tribal organization that receives funds under
the Indian Self-Determination and Education Assistance Act [25 U.S.C.
450 et seq.] or the Tribally Controlled Schools Act of 1988 [25 U.S.C.
2501 et seq.] shall--
(1) conduct an investigation of the character of each individual
who is employed, or is being considered for employment, by such
tribe or tribal organization in a position that involves regular
contact with, or control over, Indian children, and
(2) employ individuals in those positions only if the
individuals meet standards of character, no less stringent than
those prescribed under subsection (a) of this section, as the Indian
tribe or tribal organization shall establish.
(Pub. L. 101-630, title IV, Sec. 408, Nov. 28, 1990, 104 Stat. 4551;
Pub. L. 106-568, title VIII, Sec. 814, Dec. 27, 2000, 114 Stat. 2918.)
References in Text
The Indian Self-Determination and Education Assistance Act, referred
to in subsec. (c), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as
amended, which is classified principally to subchapter II (Sec. 450 et
seq.) of chapter 14 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 450 of this
title and Tables.
The Tribally Controlled Schools Act of 1988, referred to in subsec.
(c), is part B (Secs. 5201-5212) of title V of Pub. L. 100-297, Apr. 28,
1988, 102 Stat. 385, which is classified generally to chapter 27
(Sec. 2501 et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 2501 of this
title and Tables.
Amendments
2000--Subsec. (b). Pub. L. 106-568 substituted ``any felonious
offense, or any of two or more misdemeanor offenses,'' for ``any
offense'' and ``crimes against persons; or offenses committed against
children'' for ``or crimes against persons''.
