PolicyBrief
H.R. 4094
119th CongressJun 24th 2025
Electronic Consent Accountability Act of 2025
IN COMMITTEE

This Act mandates that major federal agencies report to Congress on their compliance with existing 2020 guidelines for accepting and verifying electronic consent for sharing personal records.

Shontel Brown
D

Shontel Brown

Representative

OH-11

LEGISLATION

Digital Consent Checkup: 15 Federal Agencies Must Report on Privacy Act Compliance in 120 Days

The new Electronic Consent Accountability Act of 2025 isn’t creating new privacy rules, but it’s putting a major spotlight on whether big federal agencies are actually following the ones they already have. Specifically, this bill requires the heads of 15 massive federal departments—from the Department of Veterans Affairs (VA) to the Social Security Administration (SSA)—to report to Congress within 120 days on their compliance with existing digital identity and consent standards.

The Backstory: Why Are We Talking About Old Rules?

This whole thing stems from a 2020 memo (OMB M-21-04) that told agencies they needed to modernize how people access and share their private records protected under the Privacy Act. This included accepting digital proof of identity and setting up standardized, verified online forms for consent. Think about trying to get your medical records from the VA or dealing with the SSA—the goal was to make those processes digital and streamlined. The problem, as noted in the bill’s findings, is that the Government Accountability Office (GAO) found many agencies still haven't fully implemented these 2020 requirements. This bill is Congress’s way of saying, “Time’s up, let’s see the receipts.”

The Accountability Check: Who Has to Report and What They Must Say

This law creates a strict, short-term reporting requirement. If the head of an agency has fully implemented the 2020 digital consent standards, they simply state that they have. But if they haven't—and this is where the teeth of the bill come in—they must provide a clear, three-part explanation: 1) A solid justification for why the job isn't finished; 2) A detailed schedule showing when they plan to complete the implementation; and 3) A rundown of the specific steps they are currently taking to get there. This hits departments like Health and Human Services (HHS), Treasury, and the Department of Labor, among others.

Real-World Impact: Cutting Through the Bureaucratic Red Tape

While this bill is purely about process and accountability, the long-term benefit for everyday people is faster, more secure digital interactions with the government. Imagine a veteran trying to authorize their private doctor to access their VA records, or a person applying for Social Security benefits who needs to verify their identity online. When these agencies drag their feet on implementing standardized digital consent, it means more paper forms, more trips to an office, and more time wasted waiting for records to be shared securely. By forcing these agencies to report their progress and set firm deadlines, this bill aims to push them across the finish line on digital modernization, making life easier for anyone who needs to interact with these massive federal systems. It’s a procedural nudge, but one that could finally streamline some seriously clunky government processes.