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GOVERNMENT PAPERWORK ELIMINATION ACT 1

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TITLE 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:

(Executed in preceding materials) 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 AGEN

1 Title XVII of the Omnibus Consolidated and Emergency Supplemental Appropriation Act, 1999 (Public Law 105–277, 112 Stat. 2681–749, 44 U.S.C. 3504 note).

CIES 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.

FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL

YEARS 1986 AND 19871

SEC. 146. [47 U.S.C. 701 note] INTELSAT.

(a) POLICY.—The Congress declares that it is the policy of the United States

(1) as a party to the International Telecommunications Satellite Organization (hereafter in this section referred to as “Intelsat”), to foster and support the global commercial communications satellite system owned and operated by Intelsat;

(2) to make available to consumers a variety of communications satellite services utilizing the space segment facilities of Intelsat and any additional such facilities which are found to be in the national interest and which

(A) are technically compatible with the use of the radio frequency spectrum and orbital space by the existing or planned Intelsat space segment, and

(B) avoid significant economic harm to the global system of Intelsat; and

(3) to authorize use and operation of any additional space segment facilities only if the obligations of the United States under article XIV(d) of the Intelsat Agreement have been met.

(b) PRECONDITIONS FOR INTELSAT CONSULTATION.—Before consulting with Intelsat for purposes of coordination of any separate international telecommunications satellite system under article XIV(d) of the Intelsat Agreement, the Secretary of State shall

(1) in coordination with the Secretary of Commerce, ensure that any proposed separate international satellite telecommunications system comply with the executive branch conditions established pursuant to the Presidential Determination No. 85-2; and

(2) ensure that one or more foreign authorities have authorized the use of such system consistent with such conditions.

(c) AMENDMENT OF INTELSAT AGREEMENT.-(1) The Secretary of State shall consult with the United States signatory to Intelsat and the Secretary of Commerce regarding the appropriate scope and character of a modification to article V(d) of the Intelsat Agreement which would permit Intelsat to establish cost-based rates for individual traffic routes, as exceptional circumstances warrant, paying particular attention to the need for avoiding significant economic harm to the global system of Intelsat as well as United States national and foreign policy interests.

(2)(A) To ensure that rates established by Intelsat for such routes are cost-based, the Secretary of State, in consultation with the Secretary of Commerce and the Chairman of the Federal Com

1 Public Law 99–93, 99 Stat. 405, 425, sec. 146, Aug. 16, 1985.

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