[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2107 Introduced in Senate (IS)]
105th CONGRESS
2d Session
S. 2107
To enhance electronic commerce by promoting the reliability and
integrity of commercial transactions through establishing
authentication standards for electronic communication, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 21, 1998
Mr. Abraham (for himself, Mr. Wyden, Mr. McCain, and Mr. Reed)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science and Transportation
_______________________________________________________________________
A BILL
To enhance electronic commerce by promoting the reliability and
integrity of commercial transactions through establishing
authentication standards for electronic communication, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Paperwork Elimination
Act''.
SEC. 2 STUDIES ON USE OF DIGITAL SIGNATURES TO ENHANCE ELECTRONIC
COMMERCE.
The Assistant Secretary shall conduct an ongoing study of the
enhancement of electronic commerce due to the use of digital signatures
pursuant to this Act, and shall report findings to the Commerce
Committee of the House and to the Commerce, Science, and Transportation
Committee of the Senate not later than--
(1) 12 months; and
(2) 60 months; after the date of enactment of this Act.
SEC. 3. ELECTRONIC AVAILABILITY OF FORMS.
The Director, in accordance with technical standards provided by
the Assistant Secretary under section 6, shall not later than 12 months
after the date of enactment of this Act establish a method for each
Federal agency to make its forms available electronically. Such forms
shall be--
(1) available for electronic submission (through use of a
digital signature when necessary);
(2) substantially identical in content and requirements to
any corresponding paper versions;
(3) available on an Internet web site controlled by the
Federal Government that contains an electronic link to the
website described in section 6(f) of this Act;
(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 submitted
electronically shall be no greater than the payment associated
with any corresponding printed version of such form;
(2) not less than 2 means of electronic payment shall be
provided, but such payment may not be required to precede
submission of a form; and
(3) a prompt receipt for electronic payment shall be issued
electronically to each person who submits a payment
electronically.
SEC. 5. USE OF DIGITAL SIGNATURES BY FEDERAL OFFICIALS.
(A) Agency Employees To Receive Digital Signatures.--The head of
each agency shall issue guidelines for determining how and which
employees in each respective 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 receive electronic notice instead.
SEC. 6. CERTIFICATES FOR DIGITAL SIGNATURES.
(a) Guidelines for Acceptance of Certificates.--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 accredited
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 accept a certificate only from a
trusted third party that, in accordance with commercially reasonable
standards, accepts liability for and is insured against negligent
issuance or handling of certificates.
(d) Foreign Trusted Third Party.--The Secretary of State shall
determine from which foreign countries 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 on another
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 Signatures.--The Assistant
Secretary shall provide to the Director technical standards for the
digital signatures accepted for purposes of the method established
under section 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) Standards Shall be Technology Neutral.--The Secretary, in
setting standards for digital signature technologies to be used by the
Federal Government, shall take all steps necessary to ensure that such
standards do not inappropriately favor one industry.
(d) Reliability of Digital Signatures.--Under the standards
referred to in subsection (a), a digital signature shall be as reliable
as is appropriate for the purpose for which an electronic message
containing a digital signature is generated, in light of all the
circumstances, including any relevant agreement.
(e) Legal Significance of Digital Signatures.--For purposes of
digital 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 Assistant Secretary shall submit a report to
the Commerce Committee 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. SENSE OF THE CONGRESS.
Because there is no meaningful difference between contracts
executed in the digital world and contracts executed in the analog
world, it is the sense of the Congress that such contracts should be
treated similarly under federal law. It is further the sense of the
Congress that such contracts should be treated similarly under state
law.
SEC. 11. DEFINITIONS.
For purposes of this Act:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary for Communications and
Information (the head of the National Telecommunications and
Information Administration) of the Department of Commerce.
(2) Agency.--The term ``agency'' has the meaning given the
term ``executive agency'' in section 105 of title 5, United
States Code.
(3) Certificate.--(A) The term ``certificate'' means a
statement meeting the requirements of subparagraph (B) that
permits a person holding such statement to determine that a
digital signed message--
(i) was signed by the person whose digital
signature appears to be attached to the message; and
(ii) has not been altered since the digital
signature was attached.
(B) For purposes of subparagraph (A), the statement must--
(i) identify the trusted third party or agency
issuing such statement;
(ii) identify the person whose digital signature
the trusted third party or agency is authenticating
with such statement;
(iii) specify the operational period of such
statement; and
(iv) be digitally signed by the trusted third party
or agency issuing such statement.
(4) Digital signature.--The term ``digital signature''
means a method of signing an electronic message that--
(A) identifies 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.
(5) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(6) Form.--The term ``form'' means a document produced by
an agency--
(A) that is used by the agency to facilitate
interaction between the agency and persons;
(B) that is completed by a person by inserting
information as required by the agency;
(C) that is submitted to an agency more than 1,000
times per year; and
(D) that is not required to be completed in the
presence of a Federal official or at a particular
location.
(7) Reliable authority.--The term ``reliable authority''
means an entity licensed to serve as a notary that vouches to a
trusted third party for the identity of a person who seeks a
certificate to be issued on such person's behalf.
(8) Trusted third party.--The term ``trusted third party''
means an entity (other than an agency) that issues a
certificate.
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