(a) Except as otherwise provided in § 4090(f) of this title, the Office of Management and Budget shall impose the conditions or limitations under which a government agency electronic records and electronic signatures may be sent to or accepted from other persons, as well as to create, generate, communicate, store, process, use, and rely on electronic records and electronic signatures.
(b) The Office of Management and Budget, within the parameters provided in compliance with subsection (a) of this section and taking security into special consideration, may specify:
(1) The manner and format in which electronic records shall be created, generated, sent, communicated, received, and stored, as well as the systems established for such purposes;
(2) when electronic records should be signed by electronic media, the manner and format in which the electronic signature should be affixed to the electronic record and the identity of and the criteria to be met by any third party used by a person who files a document in order to facilitate a process;
(3) the proper control processes and procedures toensure the adequate preservation, disposition, integrity, security, confidentiality, and verification of electronic records, and
(4) any other required attributes for electronic records, which shall be specified for non-electronic records as pertinent or reasonably necessary under the circumstances.
(c) This chapter does not compel government agencies to use or allow the use of electronic records or electronic signatures.
History —Aug. 8, 2006, No. 148, added as § 19 on Oct. 25, 2010, No. 155, § 7.