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1 [1] (July 8, 2022)

handle is hein.crs/govehmu0001 and id is 1 raw text is: Congressional Research Service nforming the legislitive debate since 1914 July 8, 2022 The CASES Act: Implementation and Issues for Congress The CASES Act is intended to modernize and simplify what has been an inconsistent and variable process of obtaining an individual's written consent for information disclosure. The act would enable constituents to provide electronic authorization to additional parties, such as Members of Congress and their offices, to resolve constituent inquiries, compared to the current range of requirements for verbal or email authorizations, or wet signatures. The Creating Advanced Streamlined Electronic Services for Constituents Act of 2019, or the CASES Act (P.L. 116-50), is designed to improve access to, and the efficiency of, government services and agencies for constituents by updating the casework process for an increasingly digital environment. Processing casework information often requires the disclosure of the constituent's individually identifiable information to a congressional office, and is subject to disclosure restrictions under the Privacy Act of 1974 (5 U.S.C. 552a). Generally, the Privacy Act prohibits disclosure of individually identifiable information by federal agencies to third parties, including congressional offices, without written consent. The CASES Act requires the Office Management and Budget (OMB) to issue guidance requiring agencies to * accept electronic identity proofing and authentication processes; * create a template for electronic consent and access forms and require posting of the templates on agency websites; and * require each agency to accept electronic consent and access forms. Agencies were required by November 21, 2021, to comply with OMB implementation guidance, contained in Memorandum M-21-04. Most agencies are still in the process of putting procedures in place, however. Congressional Casework and Privacy Most Members of Congress routinely solicit and respond to requests from constituents for assistance with federal agencies. In general, agencies cannot reply to a congressional inquiry without a Privacy Act release form signed by the constituent requesting assistance. The form authorizes the Member to access a constituent's individually identifiable information to assist in the resolution of a case, and prevents the unauthorized disclosure of individually identifying information. For more information on casework, see CRS Report RL33209, Casework in a Congressional Office: Background, Rules, Laws, and Resources. The process of manually obtaining a signed authorization and transmitting the form to an agency has been a time- consuming process for both constituents and caseworkers, which sometimes delays consideration of the case by an agency. In addition, agencies across the federal government have required different versions of privacy release forms specific to their agencies. Some agencies have accepted electronic versions of privacy authorizations from congressional offices in a variety of formats, despite lacking clear authorization to do so. This has raised casework management concerns in some congressional offices. The Privacy Act of ! 914 The Privacy Act governs the disclosure of government information collected about individuals. Generally, the statute establishes agency processes to determine lawful uses of individually identifiable information and protect against unauthorized disclosure of the information. For more information about the Privacy Act, see CRS Report R47058, Access to Government Information: An Overview. The Privacy Act * allows citizens of the United States or aliens lawfully admitted for permanent residence to access and correct information collected on them by federal agencies; * restricts how and when these records may be shared to third parties without an individual's written consent; and * allows agencies to share information on individuals for select purposes without requiring the written consent of the individual (5 U.S.C. 552a(b)). OMB has interpreted the Privacy Act's concept of individually identifiable information as personally identifiable information (PII). OMB defines PH in Memorandum M-07-16 as information which can be used to distinguish or trace an individual's identity, such as their name, social security number, biometric records, etc.... Under statute, PH may only be shared with an entity that has been designated by the individual. (In some cases, it may be shared without the individual's written consent under one of the Privacy Act's 12 exceptions described in 5 U.S.C. 552a(b).) Implementation and Oversight Under Memorandum M-21-04, agencies are required to provide a digital service option to individuals requesting access to their records or consenting to their disclosure. They were also required to accept properly identity-proofed

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