(4) available for downloading and printing;
(5) available for electronic storage by employers
that are required by law to collect, store, or file
paper versions of forms completed by employees; and
(6) acknowledged upon receipt by an agency
through prompt issuance of an electronic receipt.
SEC. 4. PAYMENTS.
Under the method established under section 2—
(1) any payment associated with a form submit-
ted electronically shall be no greater than the pay-
ment associated with any corresponding printed ver-
sion of such form;
(2) not less than 2 means of electronic payment
shall be provided, but such payment may not be re-
quired to precede submission of a form; and
(3) a prompt receipt for electronic payment
shall be issued electronically to each person who sub-
mits a payment electronically.
SEC. 5. USE OF DIGITAL SIGNATURES BY FEDERAL OFFI-
CIALS.
(a) AGENCY EMPLOYEES TO RECEIVE DIGITAL SIG-
NATURES.—The head of each agency shall issue guidelines
for determining how and which employees in each respec-
tive agency shall be provided digital signatures for use
within the scope of their employment.
(b) AVAILABILITY
OF ELECTRONIC NOTICE.—An
agency may provide a person entitled to receive written
notice of a particular matter with the opportunity to re-
ceive electronic notice instead.
SEC. 6. CERTIFICATES FOR DIGITAL SIGNATURES.
(a) GUIDELINES
FOR ACCEPTANCE
OF CERTIFI-
CATES.—The Director shall issue guidelines governing the
manner in which agencies may accept certificates.
(b) ACCREDITATION.—Under the guidelines issued
under subsection (a), an agency shall accept certificates
issued by—
(1) the agency; or
(2) a trusted third party that is licensed or ac-
credited by—
(A) a State or local government; or
(B) an appropriate accreditation body.
(c) TRUSTED THIRD PARTY LIABILITY.—Under the
guidelines issued under subsection (a), an agency may ac-
cept a certificate only from a trusted third party that, in
accordance with commercially reasonable standards, ac-
cepts liability for and is insured against negligent issuance
or handling of certificates.
(d) FOREIGN TRUSTED THIRD PARTY.—The Sec-
retary of State shall determine from which foreign coun-
tries agencies may accept certificates.
(e) AGENCY ESTABLISHMENT OF TRUSTED THIRD
PARTY.—No agency may establish a trusted third party
except to—
(1) provide digital signatures to its employees;
(2) issue certificates relating to messages sent
by such employees; or
(3) act as a reliable authority on behalf of an-
other trusted third party.
(f) DIRECTORY
OF QUALIFIED TRUSTED THIRD
PARTIES.—The Assistant Secretary shall compile and post
on a website controlled by the Federal government a list
of trusted third parties (along with an electronic link, if
any, to a web site controlled by each trusted third party)
that are qualified under this section to issue certificates.
SEC. 7. STANDARDS FOR DIGITAL SIGNATURES; EFFECT OF
DIGITAL SIGNATURES.
(a) TECHNICAL STANDARDS FOR DIGITAL SIGNA-
TURES.—The Assistant Secretary shall provide to the Di-
rector technical standards for the digital signatures ac-
cepted for purposes of the method established under sec-
tion 2 or provided under section 4.
(b) COMPATIBILITY WITH PRIVATE SECTOR.—The
standards referred to in subsection (a) shall be compatible
with standards and technology for digital signatures used
in commerce and industry and by State governments.
(c) RELIABILITY OF DIGITAL SIGNATURES.—Under
the standards referred to in subsection (a), a digital signa-
ture shall be as reliable as is appropriate for the purpose
for which an electronic message containing a digital signa-
ture is generated, in light of all the circumstances, includ-
ing any relevant agreement.
(d) LEGAL
SIGNIFICANCE
OF
DIGITAL
SIGNA-
TURES.—For purposes of digitally signed forms accepted
under section 2, a digital signature shall have the same
force and effect as a written signature.
SEC. 8. EMPLOYER ELECTRONIC STORAGE OF FORMS.
If an employer is required by law to collect, store,
or file paper forms that are completed by employees, such
employer may store such forms electronically if such forms
are submitted electronically.
SEC. 9. IMPLEMENTATION BY AGENCIES.
(a) IMPLEMENTATION.—Not later than 36 months
after the date of enactment of this Act, each agency shall
implement the method established under section 2 of this
Act and the guidelines issued under section 4 of this Act.
(b) REPORT
TO CONGRESS.—Not later than 12
months after the date of enactment of this Act, the Assist-
ant Secretary shall submit a report to the Commerce Com-
mittee of the House and to the Commerce, Science, and
Transportation Committee of the Senate that details the
technical standards described in section 6.
SEC. 10. DEFINITIONS.
For purposes of this Act:
(1) ASSISTANT SECRETARY.—The term ‘‘As-
sistant Secretary’’ means the Assistant Secretary for
Communications and Information (the head of the
National Telecommunications and Information Ad-
ministration) of the Department of Commerce.
(1) AGENCY.—The term ‘‘agency’’ has the
meaning given the term ‘‘executive agency’’ in sec-
tion 105 of title 5, United States Code.
(2) CERTIFICATE.—(A) The term ‘‘certificate’’
means a statement meeting the requirements of sub-
paragraph (B) that permits a person holding such
statement to determine that a digitally signed mes-
sage—
(i) was signed by the person whose digital
signature appears to be attached to the mes-
sage; and
(ii) has not been altered since the digital
signature was attached.
(B) For purposes of subparagraph (A), the
statement must—