[Pages S11324-S11325]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

INTERNET TAX FREEDOM ACT

The Senate continued with consideration of the bill.

Amendments Nos. 3678 and 3679, en bloc

Mr. McCAIN. Mr. President, I send two amendments en bloc to the desk
on behalf of Senator Bryan and Senator Abraham and ask for their
immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Arizona [Mr. McCain] proposes amendments
numbered 3678 and 3679, en bloc.

The amendments (Nos. 3678 and 3679), en bloc, are as follows:

amendment no. 3678

At the end of the bill add the following new title:

SECTION 1. SHORT TITLE.

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

SEC. 2. DIRECTION AND OVERSIGHT OF INFORMATION TECHNOLOGY.

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 the use of alternative information technologies
(such as the use of electronic submission, maintenance, or
disclosure of information) to substitute for paper, and the
use and acceptance of electronic signatures.''.

SEC. 3. PROCEDURES.

(a) Within 18 months after enactment of this Act, in order
to fulfill the responsibility to administer the functions
assigned under chapter 35 of title 44, United States Code,
the Clinger-Cohen Act of 1996 (P.L. 104-106), and the
provisions of this Act, the Director of the Office of
Management and Budget shall develop procedures and guidelines
for executive agency use.
(1) The procedures shall be compatible with standards and
technology for electronic signatures as may be generally used
in commerce and industry and by State governments, based upon
consultation with appropriate private sector and State
government standard setting bodies.
(2) Such procedures shall not inappropriately favor one
industry or technology.
(3) An electronic signature shall be as reliable as is
appropriate for the purpose, and efforts shall be made to
keep the information submitted intact.
(4) Successful submission of an electronic form shall be
electronically acknowledged.
(5) In accordance with all other sections of the Act, to
the extent feasible and appropriate, and described in a
written finding, an agency, when it expects to receive
electronically 50,000 or more submittals of a particular
form, shall take all steps necessary to ensure that multiple
formats of electronic signatures are made available for
submitting such forms.

SEC. 4. AUTHORITY AND FUNCTIONS OF THE DIRECTOR OF THE OFFICE
OF MANAGEMENT AND BUDGET.

In order to fulfill the responsibility to administer the
functions assigned under chapter 35 of title 44, United
States Code, the Clinger-Cohen Act of 1996 (P.L. 104-106),
and the provisions of this Act, the Director of the Office of
Management and Budget shall ensure that, within five years of
the date of enactment of this Act, executive agencies provide
for the optional use of electronic maintenance, submission,
or disclosure of information where practicable, as an
alternative information technology to substitute for paper,
and the use and acceptance of electronic signatures where
practicable.

SEC. 5. ELECTRONIC STORAGE OF FORMS.

Within 18 months of enactment of this Act, in order to
fulfill the responsibility to administer the functions
assigned under chapter 35 of title 44, United States Code,
the Clinger-Cohen Act of 1996 (P.L. 104-106), and the
provisions of this Act, the Director of the Office of
Management and Budget shall develop procedures and guidelines
for executive agency use to permit employer electronic
storage and filing of forms containing information pertaining
to employees.

SEC. 6. STUDY.

In order to fulfill the responsibility to administer the
functions assigned under chapter 34 of title 44, United
States Code, the Clinger-Cohen Act of 1996 (P.L. 104-106),
and the provisions of this Act, the Director of the Office of
Management and Budget, shall conduct an ongoing study of
paperwork reduction and electronic commerce, the impact on
individual privacy, and the security and authenticity of
transactions due to the use of electronic signatures pursuant
to this Act, and shall report the findings to Congress.

SEC. 7. ENFORCEABILITY AND LEGAL EFFECT OF ELECTRONIC
RECORDS.

Electronic records submitted or maintained in accordance
with agency procedures and guidelines established pursuant to
this title, or electronic signatures or other forms of
electronic authentication used in accordance with such
procedures and guidelines, shall not be denied legal effect,
validity or enforceability because they 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 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

[[Page S11325]]

the prior affirmative consent of the person about whom the
information pertains.

SEC. 9. APPLICATION WITH OTHER LAWS.

Nothing in this title shall apply to the Department of the
Treasury or the Internal Revenue Service, to the extent
that--
(1) it involves the administration of the internal revenue
laws; and
(2) it 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) Executive agency.--The term ``executive agency'' has
the meaning given that term in section 105 of title 5, United
States Code.
(2) 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 such electronic message; and
(B) indicates such person's approval of the information
contained in such electronic message.
(e) Form, questionnaire, or survey.--The term ``form'',
``questionnaire'', and ``survey'' include documents produced
by an agency to facilitate interaction between an agency and
non-government persons.

Amendment No. 3679

(Purpose: To add the provisions of S. 2326, as ordered reported by the
Committee on Commerce, Science, and Transportation and as further
modified, as a separate title to the bill)

(The text of amendment No. 3679 is printed in today's Record under
``Amendments Submitted.'')
Mr. McCAIN. Mr. President, these two amendments are not relevant, but
they are acceptable to both sides.
The PRESIDING OFFICER. The question is on agreeing to the amendments
en bloc.
The amendments (Nos. 3678 and 3679) were agreed to.
Mr. McCAIN. I move to reconsider the vote, and I move to lay that
motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 3678

Mr. ABRAHAM. Mr. President, I want to take a moment to discuss
language that has been added to this legislation, the ``Government
Paperwork Elimination Act.'' In May, I introduced S. 2107 to enhance
electronic commerce and promote the reliability and integrity of
commercial transactions through the establishment of authentication
standards for electronic communications. S. 2107 was reported by the
Committee on Commerce, Science, and Transportation last month.
After the bill was reported, it was discovered that the bill was
erroneously referred to the Commerce Committee and should have been
referred to the Committee on Governmental Affairs. S. 2107 deals with
Federal government information issues and, according to the
parliamentarian, falls directly within the jurisdiction of Governmental
Affairs. I understand a similar bill had been approved by Governmental
Affairs last Congress.
Obviously, this was discovered late in the session. Nevertheless,
Senator Thompson, the chairman of the Governmental Affairs Committee,
worked with me to develop language which combines language from the
bill reported by his Committee last Congress and S. 2107. I want to
thank my colleague from Tennessee for his help and insight. He spent a
great deal of time assisting me with this legislation and, in my
opinion, his language makes many improvements to the original bill.
Mr. THOMPSON. Mr. President, I thank my colleague from Michigan for
his hard work on and dedication to information technology issues. The
Committee on Governmental Affairs which I chair has had a long and
involved history with this issue.
This language which we are discussing today seeks to take advantage
of the advances in modern technology to lessen the paperwork burdens on
those who deal with the Federal government. This is accomplished by
requiring the Office of Management and Budget, through its existing
responsibilities under the ``Paperwork Reduction Act'' and the
``Clinger-Cohen Act,'' to develop policies to promote the use of
alternative information technologies, including the use of electronic
maintenance, submission, or disclosure of information to substitute for
paper, and the use and acceptance of electronic signatures.
The Federal government is lagging behind the rest of the nation in
using new technologies. Individuals who deal with the Federal
government should be able to reduce the cumulative burden of meeting
the Federal government's information demands through the use of
information technology. This language hopefully will provide the
motivation that the Federal government needs to make this possible for
our nation's citizens.
I thank Senator Abraham for offering us the opportunity to work with
him on this important issue.

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