Electronic Consent Accountability Act of 2025

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4094 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 4094

  To direct certain Federal agencies to report to Congress on whether 
 such agencies have implemented guidance from the Office of Management 
and Budget with respect to the disclosure of personal information, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 2025

  Ms. Brown (for herself and Ms. Mace) introduced the following bill; 
 which was referred to the Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
  To direct certain Federal agencies to report to Congress on whether 
 such agencies have implemented guidance from the Office of Management 
and Budget with respect to the disclosure of personal information, 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 ``Electronic Consent Accountability 
Act of 2025''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Government Accountability Office reports that 
        Federal agencies need to fully implement Office of Management 
        and Budget guidance and requirements related to the disclosure 
        of personal information.
            (2) The Creating Advanced Streamlined Electronic Services 
        for Constituents Act of 2019 (CASES Act; Public Law 116-50) 
        required the Office of Management and Budget to issue guidance 
        to Federal agencies that requires--
                    (A) acceptance of electronic identity proofing and 
                authentication;
                    (B) creation of a template for electronic consent 
                and access forms to be posted on the websites of such 
                agencies; and
                    (C) acceptance of electronic consent from 
                individuals after the identification of such 
                individuals has been properly authenticated.
            (3) On November 12, 2020, the Office of Management and 
        Budget issued guidance in the memorandum of the Office of 
        Management and Budget designated M-21-04 that included the 
        required elements described in the CASES Act.
            (4) Federal agencies were instructed to implement the 
        requirements described in such guidance by November 2021.

SEC. 3. REPORT TO CONGRESS ON IMPLEMENTATION OF GUIDANCE.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the head of each agency specified in subsection 
(b) shall submit to the Committee on Oversight and Government Reform of 
the House of Representatives a report that includes--
            (1) whether such head has implemented the covered 
        responsibilities; and
            (2) if such head has not implemented the covered 
        responsibilities--
                    (A) a justification for why such head has not 
                implemented such responsibilities;
                    (B) the planned timeline for such head to implement 
                such responsibilities; and
                    (C) the steps such head is taking to implement such 
                responsibilities.
    (b) Specified Agencies.--The agencies specified in this subsection 
are the following:
            (1) The Department of Agriculture.
            (2) The Department of Defense.
            (3) The Department of Health and Human Services.
            (4) The Department of Homeland Security.
            (5) The Department of the Interior.
            (6) The Department of Justice.
            (7) The Department of Labor.
            (8) The Department of State.
            (9) The Department of Transportation.
            (10) The Department of the Treasury.
            (11) The Department of Veterans Affairs.
            (12) The Environmental Protection Agency.
            (13) The Equal Employment Opportunity Commission.
            (14) The National Archives and Records Administration.
            (15) The Office of Personnel Management.
            (16) The Social Security Administration.
    (c) Covered Responsibilities Defined.--In this section, the term 
``covered responsibilities'' means the agency responsibilities 
described in the memorandum of the Office of Management and Budget 
designated as M-21-04, relating to ``Modernizing Access to and Consent 
for Disclosure of Records Subject to the Privacy Act'', and issued 
November 12, 2020.
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