CASES ACT of 2019

PLAW-116publ50.pdf

DOI Access & Consent Forms

CASES ACT of 2019

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PUBLIC LAW 116–50—AUG. 22, 2019

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.

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 ‘‘Creating Advanced Streamlined
Electronic Services for Constituents Act of 2019’’ or the ‘‘CASES
Act’’.

Aug. 22, 2019
[H.R. 1079]
Creating
Advanced
Streamlined
Electronic
Services for
Constituents
Act of 2019.
5 USC 101 note.

SEC. 2. SENSE OF CONGRESS.

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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.

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SEC. 3. OMB GUIDANCE ON ELECTRONIC CONSENT AND ACCESS
FORMS.

5 USC 552a note.

(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) 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) 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

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Web posting.

PUBL050

133 STAT. 1074

Deadline.

PUBLIC LAW 116–50—AUG. 22, 2019

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) 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.

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Approved August 22, 2019.

LEGISLATIVE HISTORY—H.R. 1079:
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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