TITLE : Government Paperwork Elimination Act.
44 USC 3504
note.>>
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.
(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).
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.
Title XVII: Government Paperwork Elimination Act - Government Paperwork Elimination Act - Requires the Director of the Office of Management and Budget: (1) in providing direction and overseeing the acquisition and use of information technology, to include 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; (2) to develop procedures for the use and acceptance of electronic signatures by executive agencies; (3) to ensure that, within five years, executive agencies provide for the option of electronic maintenance, submission, or disclosure of information as a substitute for paper and for the use and acceptance of electronic signatures, when practicable; (4) to develop procedures to permit private employers to store and file electronically with executive agencies forms containing information pertaining to employees; and (5) in cooperation with the National Telecommunications and Information Administration, to conduct and report the Congress on an ongoing study of the use of electronic signatures on paperwork reduction and electronic commerce, individual privacy, and the security and authenticity of transactions.
(Sec. 1707) Provides for: (1) the enforceability and legal effect of electronic signatures; (2) protection from disclosure of information collected in the provision of electronic signature services for executive agencies; and (3) applicability exceptions with respect to administration of the internal revenue laws.