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 Investiga-
tion records containing sensitive background security in-
formation that are provided to the White House are
properly protected for privacy and security.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Background Security
Records Act of 1997’’.
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 sen-
sitive background security information have been in-
adequate 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 as-
sumes responsibility for all Presidential records, in-
cluding records that were provided by the Federal
Bureau of Investigation and that contain sensitive
background security information on individuals hav-
ing access to the White House.
(3) The Archivist is required to deposit all such
Presidential records in a Presidential archival depos-
itory or other archival facility. Thereafter, the
records are not readily available to an incoming
President for use to review the security of individ-
uals 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 de-
pository or other archival facility, such records and
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.
‘‘(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’’.
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