Attachment J: Government Paperwork Elimination Act

Government Paperwork Elimination Act
44 USC 3504 note
112 STAT. 2681–750 PUBLIC LAW 105–277—OCT. 21, 1998
(Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999, Title XVII,
http://frwebgate.access.gpo.gov/cgibin/getdoc.cgi?dbname=105_cong_public_laws&docid=f:publ277.105.pdf)

TITLE XVII—GOVERNMENT PAPERWORK ELIMINATION ACT
SEC. 1701. SHORT TITLE.
This title may be cited as the ‘‘Government Paperwork Elimination Act’’.
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.
(b) REQUIREMENTS FOR PROCEDURES.—(1) The procedures 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.

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(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.
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 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 ClingerCohen 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).
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
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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.
SEC. 1710. DEFINITIONS.
For purposes of this title:
(1) ELECTRONIC SIGNATURE.—The term ‘‘electronic 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.

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