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M-00-15

MEMORANDUM FOR THE HEADS OF DEPARTMENTS AND AGENCIES

From:  The Attorney General
 

Subject: Guidance on Legal Considerations Related to the Government Paperwork Elimination Act

           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)), executive agencies are required, by October 21, 2003, to provide "for the option of the electronic maintenance, submission, or disclosure of information, when practicable as a substitute for paper" and "for the use and acceptance of electronic signatures, when practicable."  {GPEA §1704.)  To assist agencies implementing GPRA, the Office of Management and Budget (OMB) has developed Procedures and Guidance on Implementing the Government Paperwork Elimination Act (OMB Guidance). 65 Fed. Reg. 25,511 (May 2, 2000). Under 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 record keeping. 65 Fed. Reg. at 25,513.

           I am enclosing a copy of the Department's guidance, entitled Legal Considerations in Designing and Implementing Electronic Processes:  A Guide for Federal Agencies" (the Guide). The Guide, which was prepared in consultation with OMB and other federal agencies, addresses legal issues that agencies are likely to face in converting to electronic processes and provides suggestions on how to address these issues.

           The rise of electronic commerce offers departments and agencies exciting opportunities to convert or redesign existing processes. GPEA is an important tool in assisting departments and agencies in improving customer service and government efficiency through the use of information technology. At the same time, creating a more accessible and efficient government requires us to maintain public confidence in the security and reliability of the Government's electronic transactions, processes, and systems. Thus, in designing electronic sytems, departments and agencies should ensure that essential data are available when needed and that the data and the underlying processes are legally sufficient, reliable, and in compliance with all applicable legal requirements.

           This Guide was prepared to assist your department or agency in protecting its legal rights and minimizing the leqal risks as you develop and implement electronic-based processes and transactions. The Guide also includes (in Appendix B) the names of attorneys at the Department of Justice who may be contacted if your department or agency has additional questions.

           I hope you find the Guide useful, and I look forward to our continued work together in using information technology to make our Government processes and transactions more efficient, secure, reliable, and responsive to the needs of the American people.

Enclosure

• Guide to the Federal Agencies on Implementing Electronic Processes (November2000)

• More information on:  Electronic Commerce