Electronic Consent Accountability Act of 2025

Bill Number: H.R. 4094
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Government Operations and Politics
Status: Introduced
Latest Action: 2025-06-24: Referred to the House Committee on Oversight and Government Reform.
Last Updated: 2025-10-04T08:05:43Z

AI-Generated Summary

Purpose

The Electronic Consent Accountability Act of 2025 aims to promote accountability in how federal agencies handle the electronic disclosure of personal information. It requires specific agencies to report to Congress on their implementation of existing guidance from the Office of Management and Budget (OMB), which focuses on modernizing access to and consent for records protected under the Privacy Act (a law that safeguards individuals' personal data held by the government).

Key Provisions

Findings Section: Outlines background, including a Government Accountability Office (GAO) report noting incomplete implementation of OMB guidance by agencies. It references the 2019 CASES Act, which mandated OMB to create rules for electronic identity verification, consent templates, and electronic approvals for data access. OMB issued related guidance (Memorandum M-21-04) in November 2020, with implementation due by November 2021.
Reporting Requirement: Within 120 days of the bill's enactment, heads of 16 specified federal agencies must submit reports to the House Committee on Oversight and Government Reform. Each report must state:
Whether the agency has fully implemented the "covered responsibilities" from OMB's M-21-04 (e.g., accepting electronic identity proofing, using consent form templates, and allowing authenticated electronic consent for data disclosure).
If not implemented: A justification, a timeline for completion, and steps being taken to comply.

Specified Agencies:

Departments: Agriculture, Defense, Health and Human Services, Homeland Security, Interior, Justice, Labor, State, Transportation, Treasury, Veterans Affairs.
Other Entities: Environmental Protection Agency, Equal Employment Opportunity Commission, National Archives and Records Administration, Office of Personnel Management, Social Security Administration.

Significant Changes to Existing Law

This bill does not amend prior laws like the CASES Act or the Privacy Act directly. Instead, it introduces a new enforcement mechanism—a mandatory congressional report—to address gaps in implementing OMB's 2020 guidance. It builds on the CASES Act's requirements without altering them, focusing on oversight rather than new rules.

Potential Impacts

On Government Agencies: Increases administrative burden through reporting but could accelerate modernization of digital services for handling personal data, reducing delays in electronic consent processes.
On Citizens: Improves access to personal records via secure electronic methods, potentially making government interactions faster and more user-friendly while maintaining privacy protections. It may benefit individuals seeking benefits, records, or services from these agencies.
On International Relations: No direct impact, as the bill focuses on domestic federal operations.

Main Stakeholders Affected

Federal Agencies: The 16 listed entities bear the primary responsibility for reporting and potential implementation, affecting their IT and privacy operations.
Congress: The House Committee on Oversight and Government Reform receives reports, enabling legislative oversight.
Citizens and Constituents: Individuals whose personal data is managed by these agencies, particularly those using online services for identity verification or data access.
OMB and GAO: Indirectly involved, as their guidance and reports underpin the bill's focus.

Notable Legal, Constitutional, or Political Implications

Legal: Reinforces the Privacy Act's protections by ensuring electronic processes comply with consent rules, promoting consistency across agencies without creating new privacy rights or liabilities.
Constitutional: Aligns with Congress's oversight authority over executive agencies (Article I powers), with no apparent conflicts to individual rights like due process or privacy under the Fourth or Fifth Amendments.
Political: Highlights bipartisan interest (introduced by Reps. Brown and Mace) in government efficiency and digital reform. It could pressure underperforming agencies, fostering accountability in an era of increasing focus on cybersecurity and data privacy, but may face criticism for adding bureaucratic reporting without funding.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Brown, Shontel M. [D-OH-11]

Cosponsors (2)

Rep. Mace, Nancy [R-SC-1], Rep. Nunn, Zachary [R-IA-3]

Recent Actions

2025-06-24: Referred to the House Committee on Oversight and Government Reform.
2025-06-24: Introduced in House
2025-06-24: Introduced in House

Bill Versions

Electronic Consent Accountability Act of 2025 — issued 2025-06-24 — PDF (4 pages)