[116th Congress Public Law 50]
[From the U.S. Government Publishing Office]
[[Page 133 STAT. 1073]]
Public Law 116-50
116th Congress
An Act
To require the Director of the Office of Management and Budget to issue
guidance on electronic consent forms, and for other
purposes. <<NOTE: Aug. 22, 2019 - [H.R. 1079]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Creating
Advanced Streamlined Electronic Services for Constituents Act of 2019. 5
USC 101 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating Advanced Streamlined
Electronic Services for Constituents Act of 2019'' 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. <<NOTE: 5 USC 552a note.>> OMB GUIDANCE ON ELECTRONIC
CONSENT AND ACCESS FORMS.
(a) <<NOTE: Deadline.>> 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) Requires each agency to accept electronic identity
proofing and authentication processes for the purposes of
allowing an individual to provide prior written consent for the
disclosure of the individual's records under section 552a(b) of
title 5, United States Code, or for individual access to records
under section 552a(d) of such title.
(2) <<NOTE: Web posting.>> Creates a template for
electronic consent and access forms and requires each agency to
post the template on the agency website and to accept the forms
from any individual properly identity proofed and authenticated
in accordance with paragraph (1) for the purpose of authorizing
disclosure of the individual's records under section 552a(b) of
title 5, United
[[Page 133 STAT. 1074]]
States Code, or for individual access to records under section
552a(d) of such title.
(3) Requires each agency to accept the electronic consent
and access forms described in paragraph (2) from any individual
properly identity proofed and authenticated in accordance with
paragraph (1) for the purpose of authorizing disclosure of the
individual's records to another entity, including a
congressional office, in accordance with section 552a(b) of
title 5, United States Code, or for individual access to records
under section 552a(d).
(b) <<NOTE: Deadline.>> 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.
(c) 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) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to carry out the requirements of
this Act. Such requirements shall be carried out using amounts otherwise
authorized.
SEC. 5. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying with
the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
Approved August 22, 2019.
LEGISLATIVE HISTORY--H.R. 1079:
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SENATE REPORTS: No. 116-50 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 165 (2019):
Feb. 11, considered and passed House.
July 31, considered and passed Senate.
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