H.R. 3785 (104th): Background Security Records Act of 1996

104th Congress, 1995–1996. Text as of Jul 11, 1996 (Introduced).

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HR 3785 IH

104th CONGRESS

2d Session

H. R. 3785

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

July 11, 1996

Mrs. COLLINS of Illinois (for herself and Mrs. MEEK of Florida) 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.

    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 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’.