CASES Act

Bill: 115-hr-3076
Sponsor: full_name: Rep. Graves, Garret [R-LA-6]
Introduced: 2017-06-27
Policy area: Government Operations and Politics
Subjects: Government information and archives

Right of privacy
Latest action: action_date: 2018-07-17
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Summaries:
action_date: 2017-06-27
action_desc: Introduced in House
text: <p><strong>Creating Advanced Streamlined Electronic Services (CASES) for Constituents Act of 2017</strong></p> <p>This bill amends the Privacy Act of 1974 to require each executive agency to establish a system that allows an individual, or an entity authorized to act on such individual's behalf, to electronically submit a release form that grants another entity access to information in such system pertaining to the individual.</p> <p> The Office of Management and Budget shall establish a uniform release form to be used across agencies for such electronic submission.</p>

tv_txt: I 115th CONGRESS 1st Session H. R. 3076 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 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.

1. Short title This Act may be cited as the Creating Advanced Streamlined Electronic Services (CASES) for Constituents Act of 2017 . 2. Requirement to accept electronic release forms under the Privacy Act (a) Amendment Section 552a of title 5, United States Code (commonly referred to as the Privacy Act) is amended by adding at the end the following new section: (x) Requirement to accept electronic release forms (1) In general Each agency shall establish a system that allows an individual, or another entity acting on behalf of that individual who has been authorized to act on behalf of the individual, to electronically submit a release form, signed by the individual, that grants another entity access to the record of the individual or any other information pertaining to the individual that is contained in the system. (2) Form of submission The release form described in paragraph (1) may be submitted directly to the agency through an electronic form (without requiring the upload of any document), including any necessary authentication process, if the release form— (A) is submitted by an individual; or (B) if submitted by another entity acting on behalf of an individual, includes a certification that the other entity has been authorized to act on behalf of the individual in the manner described in paragraph (1). . (b) OMB guidance Not later than 180 days, the Director of the Office of Management and Budget shall establish a uniform release form to be used across agencies for the electronic submission described under subsection (x) of section 552a of title 5, United States Code, as added by subsection (a). (c) Effective date The amendment made by subsection (a) shall take effect 180 days after the date of the enactment of this Act.

tv_txt: IIB 115th CONGRESS 2d Session H. R. 3076 IN THE SENATE OF THE UNITED STATES July 17, 2018 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs AN ACT To require the Director of the Office of Management and Budget to issue guidance on electronic consent forms, and for other purposes.

1. Short title This Act may be cited as the Creating Advanced Streamlined Electronic Services for Constituents Act of 2018 or the CASES Act . 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. 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. 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.

Passed the House of Representatives July 16, 2018. Karen L. Haas, Clerk

tv_txt: I 115th CONGRESS 2d Session H. R. 3076 IN THE HOUSE OF REPRESENTATIVES AN ACT To require the Director of the Office of Management and Budget to issue guidance on electronic consent forms, and for other purposes.

1. Short title This Act may be cited as the Creating Advanced Streamlined Electronic Services for Constituents Act of 2018 or the CASES Act . 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. 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. 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.

Passed the House of Representatives July 16, 2018. Karen L. Haas, Clerk.

tv_txt: IB Union Calendar No. 639 115th CONGRESS 2d Session H. R. 3076 [Report No. 115–826] 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.

1. Short title This Act may be cited as the Creating Advanced Streamlined Electronic Services for Constituents Act of 2018 or the CASES Act . 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. 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. .

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