the sensitive background information they contain
are eventually available to researchers, cannot be re-
stricted 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 Bu-
reau of Investigation or to otherwise review the secu-
rity 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 pro-
vided to the White House are properly protected for pri-
vacy 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 add-
ing 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 per-
son—
‘‘(A) shall not be a Presidential record for pur-
poses 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 Investiga-
tion; and
‘‘(ii) in the case of a record that was pro-
vided by the Federal Bureau of Investigation
for the purpose of providing background secu-
rity information on an individual who the Presi-
dent determines continues to have a need for
access to the White House, shall be maintained
at the White House in accordance with regula-
tions 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 Exec-
utive Office of the President.
‘‘(C) The Office of Policy Development.
‘‘(D) The Office of National Drug Control Pol-
icy.
‘‘(E) Any other office located on the White
House grounds.’’.
(b) SPECIAL
REQUIREMENTS
UNDER
PRIVACY
ACT.—Section 552a of title 5, United States Code, popu-
larly 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 Bu-
reau 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 infor-
mation on a person shall be disclosed by the Federal Bu-
reau 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 with-
in 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 Coun-
sel’s office who has been specifically designated
for that purpose and whose identity and quali-
fications 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 Inves-
tigation shall issue regulations to implement the require-
ments 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 Exec-
utive Office of the President.
‘‘(C) The Office of Policy Development.
‘‘(D) The Office of National Drug Control Pol-
icy.
‘‘(E) Any other office located on the White
House grounds’’.
Æ