H.R. 4094: Electronic Consent Accountability Act of 2025

The Electronic Consent Accountability Act of 2025 aims to enhance the transparency and accountability of federal agencies in regards to how they handle personal information disclosures. The key points of the bill are as follows:

Purpose of the Bill

This legislation directs specific federal agencies to report to Congress on their compliance with guidelines established by the Office of Management and Budget (OMB). These guidelines relate to the disclosure of personal information, particularly focusing on the necessity for proper electronic consent processes.

Background

The Government Accountability Office has observed that many federal agencies have not fully embraced the guidance set forth by OMB regarding the safe and efficient handling of personal information.

• The Creating Advanced Streamlined Electronic Services for Constituents Act of 2019 (CASES Act) mandated the OMB to develop guidance for agencies, which includes:
  • Acceptance of electronic identity authentication.
  • Creation of standardized electronic consent forms for agencies to use on their websites.
  • Acceptance of electronic consent from verified individuals.
• Following the CASES Act, the OMB issued guidance on November 12, 2020. Agencies were instructed to adhere to these requirements by November 2021.

Reporting Requirements

Under this bill, the heads of the specified federal agencies must submit a report to the House Committee on Oversight and Government Reform within 120 days of the bill's enactment. The report should include:

• Confirmation of whether the agency has implemented the required protocols.
• If not implemented, an explanation for the lack of compliance along with:
  • A timeline for when implementation will occur.
  • The actions being undertaken to achieve compliance.

Agencies Involved

The bill specifically names the following agencies that must comply with these reporting requirements:

• Department of Agriculture
• Department of Defense
• Department of Health and Human Services
• Department of Homeland Security
• Department of the Interior
• Department of Justice
• Department of Labor
• Department of State
• Department of Transportation
• Department of the Treasury
• Department of Veterans Affairs
• Environmental Protection Agency
• Equal Employment Opportunity Commission
• National Archives and Records Administration
• Office of Personnel Management
• Social Security Administration

Definition of Covered Responsibilities

The term "covered responsibilities" refers to the agency duties outlined in the OMB memorandum M–21–04, which pertains to modernizing the access to and consent for disclosing records governed by the Privacy Act.

Relevant Companies

None found