Background Security Records Act of 1996

Summary: Background Security Records Act of 1996 - Amends the Presidential Records Act of 1978 to direct that any record provided by the Federal Bureau of Investigation (FBI) to the White House for providing background security information on any individual shall:  (1) not be a presidential record; and (2) upon the conclusion of a President's term of office or upon conclusion of the last term, such record shall be returned to the FBI, subject to an exception. 
Requires the Secretary of the Treasury to maintain and periodically provide to the President and the FBI Director accurate lists of individuals who are employed in or detailed to the White House. 
Amends the Privacy Act to require that any record provided by the FBI to the White House for providing background security information on an individual shall be maintained at the White House as an FBI record.    Prohibits disclosure of a record containing sensitive background information on an individual by the FBI to the White House, except as specified.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Background Security Records Act of 
1996''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) The procedures used by the White House and the Federal 
        Bureau of Investigation to protect the privacy and security of 
        records containing sensitive background security information 
        have been inadequate to provide that protection.
            (2) Under chapter 22 of title 44, United States Code, 
        popularly known as the ``Presidential Records Act of 1978'', 
        upon the conclusion of a President's term of office the 
        Archivist of the United States assumes responsibility for all 
        Presidential records, including records that were provided by 
        the Federal Bureau of Investigation and that contain sensitive 
        background security information on individuals having access to 
        the White House.
            (3) The Archivist is required to deposit all such 
        Presidential records in a Presidential archival depository or 
        other archival facility. Thereafter, the records are not 
        readily available to an incoming President for use to review 
        the security of individuals who have a continuing need for 
        access to the White House, including permanent employees of the 
        White House.
            (4) After deposit in a Presidential archival depository or 
        other archival facility, such records and the sensitive 
        background information they contain are eventually available to 
        researchers, cannot be restricted from the public for more than 
        12 years, and therefore are not afforded the level of privacy 
        and security which are appropriate for these sensitive records.
            (5) To request such files from the Federal Bureau of 
        Investigation or to otherwise review the security of 
        individuals who have a continuing need for access to the White 
        House, the White House needs accurate lists of all individuals 
        employed by, detailed to, or otherwise having a continuing need 
        for access to the White House.
    (b) Purpose.--The purpose of this Act is to ensure that Federal 
Bureau of Investigation records containing sensitive background 
security information that are provided to the White House are properly 
protected for privacy and security.

SEC. 3. SPECIAL PROTECTIONS FOR FEDERAL BUREAU OF INVESTIGATION 
              BACKGROUND SECURITY RECORDS PROVIDED TO THE WHITE HOUSE.

    (a) Special Treatment Under Presidential Records Act of 1978.--
Chapter 22 of title 44, United States Code, popularly known as the 
``Presidential Records Act of 1978'', is amended in section 2202 by 
adding at the end the following new subsection:
    ``(g)(1) Any record provided by the Federal Bureau of Investigation 
to the White House for the purpose of providing background security 
information on any person--
            ``(A) shall not be a Presidential record for purposes of 
        subsection (f); and
            ``(B) upon the conclusion of a President's term of office, 
        or if a President serves consecutive terms upon the conclusion 
        of the last term--
                    ``(i) except as provided in clause (ii), shall be 
                returned to the Federal Bureau of Investigation; and
                    ``(ii) in the case of a record that was provided by 
                the Federal Bureau of Investigation for the purpose of 
                providing background security information on an 
                individual who the President determines continues to 
                have a need for access to the White House, shall be 
                maintained at the White House in accordance with 
                regulations prescribed by the Director of the Federal 
                Bureau of Investigation.
    ``(2) The Secretary of the Treasury shall maintain and periodically 
provide to the President and the Director of the Federal Bureau of 
Investigation, accurate lists of individuals who are employed in or 
detailed to the White House.
    ``(3) For purposes of this subsection, the term `White House' means 
any of the following:
            ``(A) The White House Office.
            ``(B) The Office of Administration in the Executive Office 
        of the President.
            ``(C) The Office of Policy Development.
            ``(D) The Office of National Drug Control Policy.
            ``(E) Any other office located on the White House 
        grounds.''.
    (b) Special Requirements Under Privacy Act.--Section 552a of title 
5, United States Code, popularly known as the ``Privacy Act'', is 
amended by adding at the end the following new subsection:
    ``(w)(1) Any record provided by the Federal Bureau of Investigation 
to the White House for the purpose of providing background security 
information on a person shall be maintained at the White House as a 
Federal Bureau of Investigation record, in accordance with all laws 
applicable to such a record and regulations prescribed by the Director 
of the Federal Bureau of Investigation.
    ``(2) No record containing sensitive background information on a 
person shall be disclosed by the Federal Bureau of Investigation to the 
White House unless--
            ``(A) the request for such record is in writing and 
        contains--
                    ``(i) the consent of that person given within 30 
                days of the date of the request;
                    ``(ii) a statement of the reason the record is 
                being requested; and
                    ``(iii) a certification by the person who signs the 
                request that the information will be used only for 
                official purposes; and
            ``(B) the request for such records is approved and signed 
        by--
                    ``(i) the Counsel to the President; or
                    ``(ii) an individual employed in the Counsel's 
                office who has been specifically designated for that 
                purpose and whose identity and qualifications for that 
                purpose have been published in the Federal Register.
    ``(3) The requirements of this subsection may be waived only in 
extraordinary circumstances, and upon a written request provided to the 
Director of the Federal Bureau of Investigation and signed by the 
President or the Counsel to the President and the Attorney General.
    ``(4) The Director of the Federal Bureau of Investigation shall 
issue regulations to implement the requirements of this section.
    ``(5) For purposes of this subsection, the term `White House' means 
any of the following:
            ``(A) The White House Office.
            ``(B) The Office of Administration in the Executive Office 
        of the President.
            ``(C) The Office of Policy Development.
            ``(D) The Office of National Drug Control Policy.
            ``(E) Any other office located on the White House 
        grounds''.