U.S. Code
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Title 44
» Chapter CHAPTER 35— COORDINATION OF FEDERAL INFORMATION POLICY › Subchapter SUBCHAPTER I— FEDERAL INFORMATION POLICY
44 U.S.C. § 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) [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 [Oct. 21, 1998], 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.