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H.R. 4328, DIVISION C - OTHER MATTERS

TITLE XVII—GOVERNMENT PAPERWORK
ELIMINATION ACT
SEC. 1701. SHORT TITLE.

This title may be cited as the ‘‘Government Paperwork Elimination Act’’.

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SEC. 1702. AUTHORITY OF OMB TO PROVIDE FOR ACQUISITION AND USE OF ALTERNATIVE INFORMATION TECHNOLOGIES BY EXECUTIVE AGENCIES.

Section 3504(a)(1)(B)(vi) of title 44, United States
Code, is amended to read as follows:
‘‘(vi) the acquisition and use of information technology, including alternative information technologies that
provide for electronic submission, maintenance, or disclosure of information as a substitute for paper and for the
use and acceptance of electronic signatures.’’.
SEC. 1703. PROCEDURES FOR USE AND ACCEPTANCE OF
ELECTRONIC

SIGNATURES

BY

EXECUTIVE

AGENCIES.

(a) IN GENERAL.—In order to fulfill the responsibility to administer the functions assigned under chapter 35
of title 44, United States Code, the provisions of the
Clinger-Cohen Act of 1996 (divisions D and E of Public
Law 104–106) and the amendments made by that Act, and
the provisions of this title, the Director of the Office of
Management and Budget shall, in consultation with the
National Telecommunications and Information Administration and not later than 18 months after the date of enactment of this Act, develop procedures for the use and acceptance of electronic signatures by Executive agencies.

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(b) REQUIREMENTS

FOR

PROCEDURES.—(1) The pro-

cedures developed under subsection (a)—
(A) shall be compatible with standards and technology for electronic signatures that are generally used in
commerce and industry and by State governments;
(B) may not inappropriately favor one industry or
technology;
(C) shall ensure that electronic signatures are as reliable as is appropriate for the purpose in question and keep
intact the information submitted;
(D) shall provide for the electronic acknowledgment of
electronic forms that are successfully submitted; and
(E) shall, to the extent feasible and appropriate, require an Executive agency that anticipates receipt by electronic means of 50,000 or more submittals of a particular
form to take all steps necessary to ensure that multiple
methods of electronic signatures are available for the submittal of such form.
(2) The Director shall ensure the compatibility of the
procedures under paragraph (1)(A) in consultation with
appropriate private bodies and State government entities
that set standards for the use and acceptance of electronic
signatures.

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SEC. 1704. DEADLINE FOR IMPLEMENTATION BY EXECUTIVE AGENCIES OF PROCEDURES FOR USE
AND ACCEPTANCE OF ELECTRONIC SIGNATURES.

In order to fulfill the responsibility to administer the
functions assigned under chapter 35 of title 44, United
States Code, the provisions of the Clinger-Cohen Act of
1996 (divisions D and E of Public Law 104–106) and the
amendments made by that Act, and the provisions of this
title, the Director of the Office of Management and Budget
shall ensure that, commencing not later than five years
after the date of enactment of this Act, Executive agencies
provide—
(1) for the option of the electronic maintenance, submission, or disclosure of information, when practicable as
a substitute for paper; and
(2) for the use and acceptance of electronic signatures, when practicable.
SEC. 1705. ELECTRONIC STORAGE AND FILING OF EMPLOYMENT FORMS.

In order to fulfill the responsibility to administer the
functions assigned under chapter 35 of title 44, United
States Code, the provisions of the Clinger-Cohen Act of
1996 (divisions D and E of Public Law 104–106) and the
amendments made by that Act, and the provisions of this
title, the Director of the Office of Management and Budget

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shall, not later than 18 months after the date of enactment
of this Act, develop procedures to permit private employers
to store and file electronically with Executive agencies
forms containing information pertaining to the employees
of such employers.
SEC. 1706. STUDY ON USE OF ELECTRONIC SIGNATURES.

(a) ONGOING STUDY REQUIRED.—In order to fulfill
the responsibility to administer the functions assigned
under chapter 35 of title 44, United States Code, the provisions of the Clinger-Cohen Act of 1996 (divisions D and
E of Public Law 104–106) and the amendments made by
that Act, and the provisions of this title, the Director of
the Office of Management and Budget shall, in cooperation
with the National Telecommunications and Information
Administration, conduct an ongoing study of the use of
electronic signatures under this title on—
(1) paperwork reduction and electronic commerce;
(2) individual privacy; and
(3) the security and authenticity of transactions.
(b) REPORTS.—The Director shall submit to Congress
on a periodic basis a report describing the results of the
study carried out under subsection (a).

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SEC. 1707. ENFORCEABILITY AND LEGAL EFFECT OF ELECTRONIC RECORDS.

Electronic records submitted or maintained in accordance with procedures developed under this title, or
electronic signatures or other forms of electronic authentication used in accordance with such procedures, shall not
be denied legal effect, validity, or enforceability because
such records are in electronic form.
SEC. 1708. DISCLOSURE OF INFORMATION.

Except as provided by law, information collected in
the provision of electronic signature services for communications with an executive agency, as provided by this
title, shall only be used or disclosed by persons who obtain,
collect, or maintain such information as a business or government practice, for the purpose of facilitating such communications, or with the prior affirmative consent of the
person about whom the information pertains.
SEC. 1709. APPLICATION WITH INTERNAL REVENUE LAWS.

No provision of this title shall apply to the Department of the Treasury or the Internal Revenue Service to
the extent that such provision—
(1) involves the administration of the internal
revenue laws; or
(2) conflicts with any provision of the Internal
Revenue Service Restructuring and Reform Act of
1998 or the Internal Revenue Code of 1986.

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SEC. 1710. DEFINITIONS.

For purposes of this title:
(1) ELECTRONIC

SIGNATURE.—The

term ‘‘elec-

tronic signature’’ means a method of signing an electronic message that—
(A) identifies and authenticates a particular person as the source of the electronic message;
and
(B) indicates such person’s approval of the
information contained in the electronic message.
(2) EXECUTIVE

AGENCY.—The

term ‘‘Executive

agency’’ has the meaning given that term in section
105 of title 5, United States Code.