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Freedom
of Information Act
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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
[[Page 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).
[[Page 112 STAT. 2681-751]]
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. |
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