Personnel Security / TCS
Personnel Security (PerSec) created this page specifically for TCS schools to provide the resources needed for schools to meet Personnel Security Requirements under 25 CFR 63, Indian Child Protection and Family Violence Prevention, along with recommendations on how to enhance TCS school's personnel security program.
Background:
Under 25 CFR 63.13(b) All Indian tribes or tribal organizations receiving government funds under the Indian Self-Determination and Education Assistance Act or the Tribally Controlled Schools Act of 1988 must conduct a background investigation on individuals with regular contact or control over Indian Children and employ only individuals who meet the standards of character that are no less stringent than those prescribed for the Bureau of Indian Affairs.
Regular audits of these schools are conducted to ensure they are meeting regulatory requirements. Effective November 1, 2019, the responsibility of TCS audits was transferred from the Grants specialists to the Bureau of Indian Education's Personnel Security Branch.
Under the assurances of Public Law 100-297, tribally controlled school grants, TCS sign and authorize the BIE to access and examine all records, books, papers, or documents related to the award. In signing this form, TCS also confirms they will comply with existing Federal Laws pertaining to background investigations, including PL 101-630, the procedures in 25 CFR 63, and PL 101-647. None of the provisions in the assurance statement are intended to impinge on Tribal sovereignty but are intended to maintain program integrity and ensure accountability.
Regulatory References:
November 1, 2019, Memorandum Transferring TCS Audit Authority to BIE Personnel Security
25 CFR 63, Indian Child Protection and Family Violence Prevention
Public Law 101-647, Crime Control Act of 1990
Public Law 101-630, Indian Child Protection and Family Violence Prevention
TCS Audit Process:
Every year each TCS school will be assigned a personnel security specialist as the primary point of contact for their review. For questions on the review process contact: BIEPERSEC@bia.gov
Audit Materials:
In-Briefing Program Review Presentation
File Maintenance Certification
TCS Np2 Two Factor Authentication Log on (virtual audits only)
Uploading documents into the DCSA Secure Portal (virtual audits only)
Adjudication References and Sample Forms:
Guidance for Adjudicating Bogus Education Credentials
Sample SF 85 – Security Form Questionnaire
Sample SF 85p – Questionnaire for Public Trust Positions
OF-306 – Declaration for Federal Employment
National Sex Offender Registry
Tribal Court Clearing House (locating tribal courthouses)
U.S. Department of Education (verifying school accreditation)
Note: It is not required that the TCS utilize the forms above. They are provided as sample wording for security questions etc.
