[Congressional Record Volume 144, Number 147 (Thursday, October 15, 1998)]
[Senate]
[Pages S12655-S12656]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  GOVERNMENT PAPERWORK ELIMINATION ACT

                                 ______
                                 

                       ABRAHAM AMENDMENT NO. 3829

  Mr. GRAIG (for Mr. Abraham) proposed an amendment to the bill (S. 
2107) to enhance electronic commerce by promoting the reliability and 
integrity of commercial transactions through establishing 
authentication

[[Page S12656]]

standards for electronic communications, and for other purposes; as 
follows:

       On page 10, strike out line 7 and all that follows through 
     page 18, line 10, and insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Government Paperwork 
     Elimination Act''.

     SEC. 2. 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. 3. 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 Act, 
     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. 4. 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 Act, 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. 5. 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 Act, 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. 6. 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 Act, 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. 7. ENFORCEABILITY AND LEGAL EFFECT OF ELECTRONIC 
                   RECORDS.

       Electronic records submitted or maintained in accordance 
     with procedures developed under this Act, 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. 8. 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 Act, 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. 9. APPLICATION WITH INTERNAL REVENUE LAWS.

       No provision of this Act 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. 10. DEFINITIONS.

       For purposes of this Act:
       (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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