“This title may be cited as the ‘Government Paperwork Elimination Act’.
The date of enactment of the Small Business Paperwork Relief Act of 2002, referred to in subsec. (c)(6), is the date of enactment of Pub. L. 107–198, which was approved
Section 4 of the MAPS Act of 2021, referred to in subsec. (e)(10), is section 4 of Pub. L. 117–219, which is set out as a note under section 6102 of Title 31, Money and Finance.
The text of section 11331 of title 40, referred to in subsec. (h)(1)(B), was generally amended by Pub. L. 117–167, div. B, title II, § 10246(f),
Section 322 of title 40, referred to in subsec. (h)(2), was repealed by Pub. L. 109–313, § 3(h)(1),
A prior section 3504, added Pub. L. 96–511, § 2(a),
Another prior section 3504, Pub. L. 90–620,
2022—Subsec. (e)(10). Pub. L. 117–219 added par. (10).
2019—Subsec. (b)(2)(A). Pub. L. 115–435, § 202(d)(2)(B), substituted “the use of comprehensive data inventories and the Federal data catalogue under section 3511” for “the use of the Government Information Locator Service”.
Subsec. (b)(6). Pub. L. 115–435, § 202(b), added par. (6).
2002—Subsec. (c)(6). Pub. L. 107–198 added par. (6).
Subsec. (g)(1). Pub. L. 107–296, § 1005(c)(1)(A), and Pub. L. 107–347, § 305(c)(1)(A), amended par. (1) identically, inserting “and” at end.
Subsec. (g)(2). Pub. L. 107–347, § 305(c)(1)(B), substituted “section 11331 of title 40 and subchapter II of this chapter” for “sections 11331 and 11332(b) and (c) of title 40” and a period for “; and” at end.
Pub. L. 107–296, § 1005(c)(1)(B), which directed amendment of par. (2) by substituting “section 11331 of title 40 and subchapter II of this title” for “sections 11331 and 11332(b) and (c) of title 40” and a period for the semicolon, could not be executed because of amendment by Pub. L. 107–347, § 305(c)(1)(B). See Amendment note above and Effective Date of 2002 Amendments notes below.
Pub. L. 107–217, § 3(l)(5)(A), substituted “sections 11331 and 11332(b) and (c) of title 40” for “section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441), and sections 5 and 6 of the Computer Security Act of 1987 (40 U.S.C. 759 note)”.
Subsec. (g)(3). Pub. L. 107–296, § 1005(c)(1)(C), and Pub. L. 107–347, § 305(c)(1)(C), amended subsec. (g) identically, striking out par. (3) which read as follows: “require Federal agencies, consistent with the standards and guidelines promulgated under sections 11331 and 11332(b) and (c) of title 40, to identify and afford security protections commensurate with the risk and magnitude of the harm resulting from the loss, misuse, or unauthorized access to or modification of information collected or maintained by or on behalf of an agency.”
Pub. L. 107–217, § 3(l)(5)(B), substituted “sections 11331 and 11332(b) and (c) of title 40” for “section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441) and sections 5 and 6 of the Computer Security Act of 1987 (40 U.S.C. 759 note)”.
Subsec. (h)(1)(B). Pub. L. 107–217, § 3(l)(5)(C), substituted “section 11331 of title 40” for “section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441)”.
Subsec. (h)(2). Pub. L. 107–217, § 3(l)(5)(D), substituted “subtitle III of title 40” for “division E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)” and “section 322 of title 40” for “section 110 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757)”.
2000—Subsecs. (a)(2), (d)(2), (f)(1). Pub. L. 106–398 substituted “subchapter” for “chapter”.
1998—Subsec. (a)(1)(B)(vi). Pub. L. 105–277 amended cl. (vi) generally. Prior to amendment, cl. (vi) read as follows: “the acquisition and use of information technology.”
1997—Subsecs. (g)(2), (3), (h)(1)(B). Pub. L. 105–85, § 1073(h)(5)(C), substituted “Clinger-Cohen Act of 1996 (40 U.S.C. 1441)” for “Information Technology Management Reform Act of 1996”.
Subsec. (h)(2). Pub. L. 105–85, § 1073(h)(5)(B), substituted “division E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)” for “the Information Technology Management Reform Act of 1996”.
1996—Subsec. (g)(2). Pub. L. 104–106, § 5131(e)(1)(A), substituted “sections 20 and 21 of the National Institute of Standards and Technology Act (15 U.S.C. 278g–3 and 278g–4), section 5131 of the Information Technology Management Reform Act of 1996, and sections 5 and 6 of the Computer Security Act of 1987 (40 U.S.C. 759 note)” for “the Computer Security Act of 1987 (40 U.S.C. 759 note)”.
Subsec. (g)(3). Pub. L. 104–106, § 5131(e)(1)(B), substituted “the standards and guidelines promulgated under section 5131 of the Information Technology Management Reform Act of 1996 and sections 5 and 6 of the Computer Security Act of 1987 (40 U.S.C. 759 note)” for “the Computer Security Act of 1987 (40 U.S.C. 759 note)”.
Subsec. (h)(1)(B). Pub. L. 104–106, § 5605(b), substituted “section 5131 of the Information Technology Management Reform Act of 1996” for “section 111(d) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(d))”.
Subsec. (h)(2). Pub. L. 104–106, § 5605(c), substituted “the Information Technology Management Reform Act of 1996 and directives issued under section 110 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757)” for “sections 110 and 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757 and 759)”.
Amendment by Pub. L. 115–435 effective 180 days after
Pub. L. 107–347, title IV, § 402(b),
Amendment by Pub. L. 107–296 effective 60 days after
Amendment by Pub. L. 106–398 effective 30 days after
Amendment by Pub. L. 104–106 effective 180 days after
Section effective
Pub. L. 105–277, div. C, title XVII, “This title may be cited as the ‘Government Paperwork Elimination Act’. “[Amended this section.] “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) [see Short Title of 1996 Amendment Act set out under section 101 of Title 41] 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 [ “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. “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. 1701. SHORT TITLE.“SEC. 1702. AUTHORITY OF OMB TO PROVIDE FOR ACQUISITION AND USE OF ALTERNATIVE INFORMATION TECHNOLOGIES BY EXECUTIVE AGENCIES.“SEC. 1703. PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES BY EXECUTIVE AGENCIES.“(a) 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) [see Short Title of 1996 Act note set out under section 101 of Title 41, Public Contracts] 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 [“(b) (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) [see Short Title of 1996 Act note set out under section 101 of Title 41] 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 [“(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.“SEC. 1706. STUDY ON USE OF ELECTRONIC SIGNATURES.“(a) 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) [see Short Title of 1996 Act note set out under section 101 of Title 41] 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) 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.“SEC. 1708. DISCLOSURE OF INFORMATION.“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 [Pub. L. 105–206, see Tables for classification] or the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.].“SEC. 1710. DEFINITIONS.“For purposes of this title:“(1) 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) The term ‘Executive agency’ has the meaning given that term in section 105 of title 5, United States Code.”