Cybertelecom Federal Internet Law & Policy An Educational Project

Government Paperwork Elimination Act (GPEA)

The Government Paperwork Elimination Act (GPEA) is relatively straightforward, requiring the Federal government to acquire and use "information technology, including alternative information technologies that provide for electronic submission, maintenance, or disclosure of information as a substitute for paper and for the use and acceptance of electronic signatures." [44 U.S.C. § 3504(a)(1)(B)(vi)] Though short and sweet, GPEA has been a driver of eGovernment, requiring agencies to move towards provision and recognition of electronic transactions. The enforcement mechanism for GPEA is simply that electronic records and signatures "shall not be denied legal effect, validity, or enforceability because such records are in electronic form." The Office of Management and Budget has issued guidance on Federal agency compliance with GPEA.[OMB]

• See ESIGN Act

Law

• Government Paperwork Elimination Act. Public Law 105-277, Title XVII, signed into law on October 21, 1988 codified as 44 USC 3504 n
• OMB, Legal Considerations In Designing And Implementing Electronic Processes: A Guide For Federal Agencies (Nov. 2000).
• Federal CIO Council 2003 Government Paperwork Elimination Act Data Call Information
• Progress Report on Implementing the Government Paperwork Elimination Act (GPEA) (August 9, 2002) (147k)
• Progress Report on Implementing the Government Paperwork Elimination Act (GPEA) (September 24, 2001) (69k)
• The Government Paperwork Elimination Act (GPEA) 2002 DoD Strategy Memo March 2003
• Implementation of the Government Paperwork Elimination Act (May 2, 2000)
• Paperwork Reduction:  LEGAL CONSIDERATIONS IN DESIGNING AND  IMPLEMENTING ELECTRONIC PROCESSES:  A GUIDE FOR FEDERAL AGENCIES  November 2000

Under the Government Paperwork Elimination Act (GPEA), Pub. L. No. 105-277, §§1701-1710 (1998) (codified as 44 U.S.C.A. § 3504 n. (West Supp. 1999)),   Federal Executive  agencies are required, by October 21, 2003, to provide for (1) "the option of the electronic maintenance, submission, or disclosure of information, when practicable, as a substitute for paper;" and (2) "the use and acceptance of electronic signatures, when practicable."  The Office of Management and Budget (OMB) has developed guidance to assist agencies in implementing GPEA’s requirements.  "Procedures and Guidance; Implementation of the Government Paperwork Elimination Act," 65 FR 25508, May 2, 2000 ("OMB Guidance").  As part of the OMB Guidance, the Department of Justice is charged with developing, in consultation with federal agencies and OMB, practical guidance on legal considerations related to agency use of electronic filing and recordkeeping.  The purpose of this Guide is to identify legal issues that agencies are likely to face in converting to electronic processes and to provide some suggestions on how to address them.  Agencies should also consider the significance of the "Electronic Records and Signatures in Global and National Commerce Act" (E-SIGN) (Pub.L. 106-229, § 1, June 30, 2000, 114 Stat. 464, codified at 15 U.S.C. §§ 7001 -- 7006), although a detailed discussion of that statute’s impact on the federal agencies is beyond the scope of this Guide.

• NARA Records Management Guidance for Agencies Implementing Electronic Signature Technologies October 18, 2000
• NOAA CIO The Government Paperwork Elimination Act "Although confusing to many people, the Government Paperwork Elimination Act (GPEA) and the Paperwork Reduction Act (PRA) are not synonymous. The focus of the PRA is to limit the information the Federal government collects from the public in any form. The focus of the GPEA is to promote the doing of business electronically, with the public and otherwise. "
• Department of Commerce GPEA Strategy, October 22, 2001. Submission to OMB
• NOAA October 2001 Plan for GPEA Implementation for "Collections of Information Under the PRA" (PDF)
• NOAA October 2001 Plan for GPEA Implementation for "Interagency Reporting, Information Dissemination Activities, and Other Agency- Identified Transactions" (PDF)
• NOAA October 2000 Plan for GPEA Implementation Involving Paperwork Reduction Act Collections. (PDF)
• NOAA October 2000 Plan for GPEA Implementation Involving Non-PRA Transactions. (PDF)
• NARA Records Management Guidance for Agencies Implementing Electronic Signature Technologie

 

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