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.