[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3076 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 639
115th CONGRESS
  2d Session
                                H. R. 3076

                          [Report No. 115-826]

To amend section 552a of title 5, United States Code (commonly referred 
to as the Privacy Act) to require agencies to accept electronic release 
                     forms, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 27, 2017

 Mr. Graves of Louisiana (for himself and Mr. Kennedy) introduced the 
 following bill; which was referred to the Committee on Oversight and 
                           Government Reform

                             July 16, 2018

  Additional sponsors: Mrs. Mimi Walters of California, Mr. Thomas J. 
 Rooney of Florida, Mr. Webster of Florida, Mrs. Comstock, Mr. Babin, 
  Mr. Hudson, Mr. Luetkemeyer, Mr. Nolan, Mr. Meadows, Mr. Gosar, Mr. 
   Ferguson, Mr. Grothman, Ms. Norton, Mr. Gene Green of Texas, Mr. 
               Farenthold, Mr. Gianforte, and Mr. Guthrie

                             July 16, 2018

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on June 
                               27, 2017]


_______________________________________________________________________

                                 A BILL


 
To amend section 552a of title 5, United States Code (commonly referred 
to as the Privacy Act) to require agencies to accept electronic release 
                     forms, and for other purposes.


 


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

SEC. 1. SHORT TITLE.

    This Act may be cited as the ``Creating Advanced Streamlined 
Electronic Services for Constituents Act of 2018'' or the ``CASES 
Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) congressional offices provide crucial services to 
        constituents by acting as a liaison between the constituents 
        and the respective agencies;
            (2) this includes assisting constituents by making 
        inquiries and working toward resolutions on behalf of the 
        constituent with the respective agencies; and
            (3) this process should be simplified through the creation 
        of electronic forms that may be submitted under section 552a of 
        title 5, United States Code (commonly referred to as the 
        Privacy Act), thus modernizing the process for constituents and 
        improving access and efficiency of Government services and 
        agencies in order to expedite the resolution of the problem for 
        which constituents sought help.

SEC. 3. OMB GUIDANCE ON ELECTRONIC CONSENT FORMS.

    (a) Guidance.--Not later than 1 year after the date of the 
enactment of this Act, the Director shall issue guidance that does the 
following:
            (1) Establishes--
                    (A) standards for each agency to develop an 
                electronic identity proofing and authentication process 
                for allowing an individual to provide a prior written 
                electronic consent form for the disclosure of the 
                individual's record under section 552a(b) of title 5, 
                United States Code, or for individual access to a 
                record under section 552a(d) of such title; or
                    (B) a method by which each agency can 
                electronically identity proof and authenticate an 
                individual submitting an electronic consent form 
                through a central online portal.
            (2) Creates a template for an electronic consent form that 
        can be properly identity proofed and authenticated in 
        accordance with paragraph (1).
            (3) Requires each agency to accept the electronic consent 
        form described in paragraph (2) that provides consent from any 
        individual properly identity proofed and authenticated in 
        accordance with paragraph (1) from the individual providing 
        consent or an entity other than the individual, including a 
        congressional office, on behalf of the individual for the 
        purpose of authorizing the disclosure of the individual's 
        record in accordance with section 552a(b) or 552a(d) of title 
        5, United States Code.
            (4) Authorizes each agency to provide an online link to the 
        consolidated online portal described under subsection (b)(1).
    (b) Portal; Consent Identifier; Congressional Function.--
            (1) Consolidated online portal.--
                    (A) Operation of portal.--The Director (or a 
                designee) shall operate (or designate the head of an 
                agency to operate) a consolidated online portal that 
                allows a member of the public to submit an electronic 
                consent form in accordance with the guidance issued 
                pursuant to subsection (a) to any agency from a single 
                website.
                    (B) Privacy and other features.--The portal shall 
                include features to protect the privacy of individuals 
                using the portal and may include any additional 
                functions the Director finds will improve the 
                implementation of this section.
                    (C) Use of existing website or portal.--The 
                Director may use any existing website or portal to 
                satisfy the requirements of this subsection, including 
                the portal established under section 552(m) of title 5, 
                United States Code.
            (2) Consent identifier.--The Director, or a designee, shall 
        assign each consent form submitted through the portal described 
        in paragraph (1) a consent identifier, which shall be provided 
        to the agency and the individual or entity submitting the 
        consent form. The agency shall track the consent form with the 
        consent identifier.
            (3) Congressional assistance function.--
                    (A) In general.--The Director, or a designee, shall 
                ensure the operation of a function that allows a 
                congressional office to provide a publicly available 
                online link to the portal described in paragraph (1), 
                which shall auto-populate information about such 
                congressional office, including an indication of 
                consent for such office to access a record in 
                accordance with section 552a(b) of title 5, United 
                States Code, in the consent form accessed through the 
                portal.
                    (B) Notification of consent identifier required.--
                The Director, or a designee, shall ensure the function 
                sends the consent identifier to the congressional 
                office when a consent form is submitted to an agency 
                through the portal as accessed through the function.
    (c) Agency Compliance.--Each agency shall comply with the guidance 
issued pursuant to subsection (a) not later than 1 year after the date 
on which such guidance is issued.
    (d) Definitions.--In this section:
            (1) Agency; individual; record.--The terms ``agency'', 
        ``individual'', and ``record'' have the meanings given those 
        terms in section 552a(a) of title 5, United States Code.
            (2) Consent identifier.--The term ``consent identifier'' 
        means a nonproprietary, unique identification number.
            (3) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            Amend the title so as to read: ``A bill to require the 
        Director of the Office of Management and Budget to issue 
        guidance on electronic consent forms, and for other 
        purposes.''.
                                                 Union Calendar No. 639

115th CONGRESS

  2d Session

                               H. R. 3076

                          [Report No. 115-826]

_______________________________________________________________________

                                 A BILL

To amend section 552a of title 5, United States Code (commonly referred 
to as the Privacy Act) to require agencies to accept electronic release 
                     forms, and for other purposes.

_______________________________________________________________________

                             July 16, 2018

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed