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
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.
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.