Attachment J - GPEA Pub. L. 105-277

112 STAT. 2681–749

Government
Paperwork
Elimination Act.
44 USC 3504
note.

PUBLIC LAW 105–277—OCT. 21, 1998

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

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–750

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.
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 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).

112 STAT. 2681–751

PUBLIC LAW 105–277—OCT. 21, 1998

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.
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.