[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3755 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3755

 To establish a demonstration program regarding background checks for 
           certain employees of the Bureau of Indian Affairs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 13, 2018

 Mr. Hoeven (for himself and Mr. Udall) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
 To establish a demonstration program regarding background checks for 
           certain employees of the Bureau of Indian Affairs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Background Investigation 
Authorization Demonstration Act''.

SEC. 2. DEMONSTRATION PROGRAM ON BIA EMPLOYMENT BACK GROUND CHECKS.

    (a) Establishment of Program.--
            (1) In general.--The Secretary of the Interior (referred to 
        in this section as the ``Secretary'') shall establish a 
        demonstration program for the purpose of conducting or 
        adjudicating, in coordination with the Director of the Bureau 
        of Indian Affairs, personnel background investigations for 
        applicants for law enforcement positions in the Bureau of 
        Indian Affairs.
            (2) Background investigations and security clearance 
        determinations.--
                    (A) BIA investigations.--As part of the 
                demonstration program established under paragraph (1), 
                the Secretary, through the Office of Justice Services, 
                may carry out a background investigation, security 
                clearance determination, or both a background 
                investigation and a security clearance determination 
                for an applicant for a law enforcement position in the 
                Bureau of Indian Affairs.
                    (B) Use of previous investigations and 
                determinations.--
                            (i) In general.--Subject to clause (ii), as 
                        part of the demonstration program established 
                        under paragraph (1), the Secretary, in 
                        adjudicating background investigations for 
                        applicants for law enforcement positions in the 
                        Bureau of Indian Affairs, shall consider 
                        previous background investigations for an 
                        applicant, security clearance determinations 
                        for an applicant, or both background 
                        investigations and security clearance 
                        determinations for an applicant, as the case 
                        may be, that have been conducted by a State, 
                        local, or Tribal Government, or by the Bureau 
                        of Indian Affairs, within the 5-year period 
                        preceding the application for employment with 
                        the Bureau of Indian Affairs.
                            (ii) Quality.--The Secretary shall only 
                        consider previous background investigations and 
                        security clearance determinations for an 
                        applicant that have been conducted by a State, 
                        local, or Tribal Government if the Secretary 
                        can verify that those previous investigations 
                        and determinations, as the case may be, are of 
                        a comparable quality and thoroughness to 
                        investigations and determinations carried out 
                        by the Bureau of Indian Affairs, the Office of 
                        Personnel Management, or another Federal 
                        agency.
                            (iii) Additional investigation.--If, as 
                        described in clause (i), the Secretary 
                        considers an existing background investigation, 
                        security clearance determination, or both, as 
                        the case may be, for an applicant that has been 
                        carried out by a State, local, or Tribal 
                        Government, or by the Bureau of Indian Affairs, 
                        the Secretary--
                                    (I) may carry out additional 
                                investigation and examination of the 
                                applicant if the Secretary determines 
                                that such additional information is 
                                needed in order to make an appropriate 
                                determination as to the character and 
                                trustworthiness of the applicant before 
                                final adjudication can be made and a 
                                security clearance can be issued; and
                                    (II) shall not initiate a new 
                                background investigation process with 
                                the National Background Investigations 
                                Bureau or other Federal agency unless 
                                that new background investigation 
                                process covers a period of time that 
                                was not covered by a previous 
                                background investigation process.
                            (iv) Agreements.--The Secretary may enter 
                        into a Memorandum of Agreement with a State, 
                        local, or Tribal Government to develop steps to 
                        expedite the process of receiving and obtaining 
                        access to background investigation and security 
                        clearance determinations for use in the 
                        demonstration program.
            (3) Sunset.--The demonstration program established under 
        this section shall terminate 5 years after the date of the 
        commencement of the program.
    (b) Sufficiency.--Notwithstanding any other provision of law, a 
background investigation conducted or adjudicated by the Secretary 
pursuant to the demonstration program authorized in subsection (a) that 
results in the granting of a security clearance to an applicant for a 
law enforcement position in the Bureau of Indian Affairs shall be 
sufficient to meet the applicable requirements of the Office of 
Personnel Management or other Federal agency for such investigations.
    (c) Annual Report.--The Secretary shall submit an annual report to 
the Committee on Indian Affairs of the Senate and the Committee on 
Natural Resources of the House of Representatives on the demonstration 
program established under subsection (a), which shall include a 
description of--
            (1) the demonstration program and any relevant annual 
        changes or updates to the program;
            (2) the number of background investigations carried out 
        under the program;
            (3) the costs, including any cost savings, associated with 
        the investigation and adjudication process under the program;
            (4) the processing times for the investigation and 
        adjudication processes under the program;
            (5) any Memoranda of Agreement entered into with State, 
        local, or Tribal Governments; and
            (6) any other information that the Secretary determines to 
        be relevant.
    (d) GAO Study and Report.--
            (1) Initial report.--Not later than 18 months after the 
        beginning of the demonstration program under this section, the 
        Comptroller General of the United States shall prepare and 
        submit to Congress an initial report on such demonstration 
        program.
            (2) Final report.--Not later than 3 years after the 
        beginning of the demonstration program under this section, the 
        Comptroller General of the United States shall prepare and 
        submit to Congress a final report on such demonstration 
        program.
            (3) Tribal input.--In preparing the reports under this 
        subsection, the Comptroller General shall prioritize input from 
        Indian Tribes regarding the demonstration program under this 
        section.
                                 <all>