Pub. L. 116-50, sec. 3 (as amended)
OMB GUIDANCE ON ELECTRONIC CONSENT AND ACCESS FORMS.
SEC. 3. [5 U.S.C. 552a note] OMB GUIDANCE ON ELECTRONIC CONSENT AND ACCESS 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) 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 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.
- Cross-references to the US Code
- 5 U.S.C. 552a note