I

105TH CONGRESS

1ST SESSION H. R. 537

To amend the law popularly known as the Presidential Records Act of 1978

and the law popularly known as Privacy Act, 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.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 4, 1997

Mrs. MALONEY of New York introduced the following bill; which was referred

to the Committee on Government Reform and Oversight

A BILL

To amend the law popularly known as the Presidential

Records Act of 1978 and the law popularly known as

Privacy Act, 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Background Security

5 Records Act of 1997’’.
2

•HR 537 IH

1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—The Congress finds the following:

3 (1) The procedures used by the White House

4 and the Federal Bureau of Investigation to protect

5 the privacy and security of records containing sen6 sitive background security information have been in7 adequate to provide that protection.

8 (2) Under chapter 22 of title 44, United States

9 Code, popularly known as the ‘‘Presidential Records

10 Act of 1978’’, upon the conclusion of a President’s

11 term of office the Archivist of the United States as12 sumes responsibility for all Presidential records, in13 cluding records that were provided by the Federal

14 Bureau of Investigation and that contain sensitive

15 background security information on individuals hav16 ing access to the White House.

17 (3) The Archivist is required to deposit all such

18 Presidential records in a Presidential archival depos19 itory or other archival facility. Thereafter, the

20 records are not readily available to an incoming

21 President for use to review the security of individ22 uals who have a continuing need for access to the

23 White House, including permanent employees of the

24 White House.

25 (4) After deposit in a Presidential archival de26 pository or other archival facility, such records and
3

•HR 537 IH

1 the sensitive background information they contain

2 are eventually available to researchers, cannot be re3 stricted from the public for more than 12 years, and

4 therefore are not afforded the level of privacy and

5 security which are appropriate for these sensitive

6 records.

7 (5) To request such files from the Federal Bu8 reau of Investigation or to otherwise review the secu9 rity of individuals who have a continuing need for

10 access to the White House, the White House needs

11 accurate lists of all individuals employed by, detailed

12 to, or otherwise having a continuing need for access

13 to the White House.

14 (b) PURPOSE.—The purpose of this Act is to ensure

15 that Federal Bureau of Investigation records containing

16 sensitive background security information that are pro17 vided to the White House are properly protected for pri18 vacy and security.

19 SEC. 3. SPECIAL PROTECTIONS FOR FEDERAL BUREAU OF

20 INVESTIGATION BACKGROUND SECURITY

21 RECORDS PROVIDED TO THE WHITE HOUSE.

22 (a) SPECIAL TREATMENT UNDER PRESIDENTIAL

23 RECORDS ACT OF 1978.—Chapter 22 of title 44, United

24 States Code, popularly known as the ‘‘Presidential
4

•HR 537 IH

1 Records Act of 1978’’, is amended in section 2202 by add2 ing at the end the following new subsection:

3 ‘‘(g)(1) Any record provided by the Federal Bureau

4 of Investigation to the White House for the purpose of

5 providing background security information on any per6 son—

7 ‘‘(A) shall not be a Presidential record for pur8 poses of subsection (f); and

9 ‘‘(B) upon the conclusion of a President’s term

10 of office, or if a President serves consecutive terms

11 upon the conclusion of the last term—

12 ‘‘(i) except as provided in clause (ii), shall

13 be returned to the Federal Bureau of Investiga14 tion; and

15 ‘‘(ii) in the case of a record that was pro16 vided by the Federal Bureau of Investigation

17 for the purpose of providing background secu18 rity information on an individual who the Presi19 dent determines continues to have a need for

20 access to the White House, shall be maintained

21 at the White House in accordance with regula22 tions prescribed by the Director of the Federal

23 Bureau of Investigation.

24 ‘‘(2) The Secretary of the Treasury shall maintain

25 and periodically provide to the President and the Director
5

•HR 537 IH

1 of the Federal Bureau of Investigation, accurate lists of

2 individuals who are employed in or detailed to the White

3 House.

4 ‘‘(3) For purposes of this subsection, the term ‘White

5 House’ means any of the following:

6 ‘‘(A) The White House Office.

7 ‘‘(B) The Office of Administration in the Exec8 utive Office of the President.

9 ‘‘(C) The Office of Policy Development.

10 ‘‘(D) The Office of National Drug Control Pol11 icy.

12 ‘‘(E) Any other office located on the White

13 House grounds.’’.

14 (b) SPECIAL REQUIREMENTS UNDER PRIVACY

15 ACT.—Section 552a of title 5, United States Code, popu16 larly known as the ‘‘Privacy Act’’, is amended by adding

17 at the end the following new subsection:

18 ‘‘(w)(1) Any record provided by the Federal Bureau

19 of Investigation to the White House for the purpose of

20 providing background security information on a person

21 shall be maintained at the White House as a Federal Bu22 reau of Investigation record, in accordance with all laws

23 applicable to such a record and regulations prescribed by

24 the Director of the Federal Bureau of Investigation.
6

•HR 537 IH

1 ‘‘(2) No record containing sensitive background infor2 mation on a person shall be disclosed by the Federal Bu3 reau of Investigation to the White House unless—

4 ‘‘(A) the request for such record is in writing

5 and contains—

6 ‘‘(i) the consent of that person given with7 in 30 days of the date of the request;

8 ‘‘(ii) a statement of the reason the record

9 is being requested; and

10 ‘‘(iii) a certification by the person who

11 signs the request that the information will be

12 used only for official purposes; and

13 ‘‘(B) the request for such records is approved

14 and signed by—

15 ‘‘(i) the Counsel to the President; or

16 ‘‘(ii) an individual employed in the Coun17 sel’s office who has been specifically designated

18 for that purpose and whose identity and quali19 fications for that purpose have been published

20 in the Federal Register.

21 ‘‘(3) The requirements of this subsection may be

22 waived only in extraordinary circumstances, and upon a

23 written request provided to the Director of the Federal

24 Bureau of Investigation and signed by the President or

25 the Counsel to the President and the Attorney General.
7

•HR 537 IH

1 ‘‘(4) The Director of the Federal Bureau of Inves2 tigation shall issue regulations to implement the require3 ments of this section.

4 ‘‘(5) For purposes of this subsection, the term ‘White

5 House’ means any of the following:

6 ‘‘(A) The White House Office.

7 ‘‘(B) The Office of Administration in the Exec8 utive Office of the President.

9 ‘‘(C) The Office of Policy Development.

10 ‘‘(D) The Office of National Drug Control Pol11 icy.

12 ‘‘(E) Any other office located on the White

13 House grounds’’.

Æ