[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 761 Enrolled Bill (ENR)]
S.761
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To facilitate the use of electronic records and signatures in interstate
or foreign commerce.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``Electronic Signatures in Global and
National Commerce Act''.

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(a) In General.--Notwithstanding any statute, regulation, or other
rule of law (other than this title and title II), with respect to any
transaction in or affecting interstate or foreign commerce--
(1) a signature, contract, or other record relating to such
transaction may not be denied legal effect, validity, or
enforceability solely because it is in electronic form; and
(2) a contract relating to such transaction may not be denied
legal effect, validity, or enforceability solely because an
electronic signature or electronic record was used in its
formation.
(b) Preservation of Rights and Obligations.--This title does not--
(1) limit, alter, or otherwise affect any requirement imposed
by a statute, regulation, or rule of law relating to the rights and
obligations of persons under such statute, regulation, or rule of
law other than a requirement that contracts or other records be
written, signed, or in nonelectronic form; or
(2) require any person to agree to use or accept electronic
records or electronic signatures, other than a governmental agency
with respect to a record other than a contract to which it is a
party.
(c) Consumer Disclosures.--
(1) Consent to electronic records.--Notwithstanding subsection
(a), if a statute, regulation, or other rule of law requires that
information relating to a transaction or transactions in or
affecting interstate or foreign commerce be provided or made
available to a consumer in writing, the use of an electronic record
to provide or make available (whichever is required) such
information satisfies the requirement that such information be in
writing if--
(A) the consumer has affirmatively consented to such use
and has not withdrawn such consent;
(B) the consumer, prior to consenting, is provided with a
clear and conspicuous statement--
(i) informing the consumer of (I) any right or option
of the consumer to have the record provided or made
available on paper or in nonelectronic form, and (II) the
right of the consumer to withdraw the consent to have the
record provided or made available in an electronic form and
of any conditions, consequences (which may include
termination of the parties' relationship), or fees in the
event of such withdrawal;
(ii) informing the consumer of whether the consent
applies (I) only to the particular transaction which gave
rise to the obligation to provide the record, or (II) to
identified categories of records that may be provided or
made available during the course of the parties'
relationship;
(iii) describing the procedures the consumer must use
to withdraw consent as provided in clause (i) and to update
information needed to contact the consumer electronically;
and
(iv) informing the consumer (I) how, after the consent,
the consumer may, upon request, obtain a paper copy of an
electronic record, and (II) whether any fee will be charged
for such copy;
(C) the consumer--
(i) prior to consenting, is provided with a statement
of the hardware and software requirements for access to and
retention of the electronic records; and
(ii) consents electronically, or confirms his or her
consent electronically, in a manner that reasonably
demonstrates that the consumer can access information in
the electronic form that will be used to provide the
information that is the subject of the consent; and
(D) after the consent of a consumer in accordance with
subparagraph (A), if a change in the hardware or software
requirements needed to access or retain electronic records
creates a material risk that the consumer will not be able to
access or retain a subsequent electronic record that was the
subject of the consent, the person providing the electronic
record--
(i) provides the consumer with a statement of (I) the
revised hardware and software requirements for access to
and retention of the electronic records, and (II) the right
to withdraw consent without the imposition of any fees for
such withdrawal and without the imposition of any condition
or consequence that was not disclosed under subparagraph
(B)(i); and
(ii) again complies with subparagraph (C).
(2) Other rights.--
(A) Preservation of consumer protections.--Nothing in this
title affects the content or timing of any disclosure or other
record required to be provided or made available to any
consumer under any statute, regulation, or other rule of law.
(B) Verification or acknowledgment.--If a law that was
enacted prior to this Act expressly requires a record to be
provided or made available by a specified method that requires
verification or acknowledgment of receipt, the record may be
provided or made available electronically only if the method
used provides verification or acknowledgment of receipt
(whichever is required).
(3) Effect of failure to obtain electronic consent or
confirmation of consent.--The legal effectiveness, validity, or
enforceability of any contract executed by a consumer shall not be
denied solely because of the failure to obtain electronic consent
or confirmation of consent by that consumer in accordance with
paragraph (1)(C)(ii).
(4) Prospective effect.--Withdrawal of consent by a consumer
shall not affect the legal effectiveness, validity, or
enforceability of electronic records provided or made available to
that consumer in accordance with paragraph (1) prior to
implementation of the consumer's withdrawal of consent. A
consumer's withdrawal of consent shall be effective within a
reasonable period of time after receipt of the withdrawal by the
provider of the record. Failure to comply with paragraph (1)(D)
may, at the election of the consumer, be treated as a withdrawal of
consent for purposes of this paragraph.
(5) Prior consent.--This subsection does not apply to any
records that are provided or made available to a consumer who has
consented prior to the effective date of this title to receive such
records in electronic form as permitted by any statute, regulation,
or other rule of law.
(6) Oral communications.--An oral communication or a recording
of an oral communication shall not qualify as an electronic record
for purposes of this subsection except as otherwise provided under
applicable law.
(d) Retention of Contracts and Records.--
(1) Accuracy and accessibility.--If a statute, regulation, or
other rule of law requires that a contract or other record relating
to a transaction in or affecting interstate or foreign commerce be
retained, that requirement is met by retaining an electronic record
of the information in the contract or other record that--
(A) accurately reflects the information set forth in the
contract or other record; and
(B) remains accessible to all persons who are entitled to
access by statute, regulation, or rule of law, for the period
required by such statute, regulation, or rule of law, in a form
that is capable of being accurately reproduced for later
reference, whether by transmission, printing, or otherwise.
(2) Exception.--A requirement to retain a contract or other
record in accordance with paragraph (1) does not apply to any
information whose sole purpose is to enable the contract or other
record to be sent, communicated, or received.
(3) Originals.--If a statute, regulation, or other rule of law
requires a contract or other record relating to a transaction in or
affecting interstate or foreign commerce to be provided, available,
or retained in its original form, or provides consequences if the
contract or other record is not provided, available, or retained in
its original form, that statute, regulation, or rule of law is
satisfied by an electronic record that complies with paragraph (1).
(4) Checks.--If a statute, regulation, or other rule of law
requires the retention of a check, that requirement is satisfied by
retention of an electronic record of the information on the front
and back of the check in accordance with paragraph (1).
(e) Accuracy and Ability To Retain Contracts and Other Records.--
Notwithstanding subsection (a), if a statute, regulation, or other rule
of law requires that a contract or other record relating to a
transaction in or affecting interstate or foreign commerce be in
writing, the legal effect, validity, or enforceability of an electronic
record of such contract or other record may be denied if such
electronic record is not in a form that is capable of being retained
and accurately reproduced for later reference by all parties or persons
who are entitled to retain the contract or other record.
(f) Proximity.--Nothing in this title affects the proximity
required by any statute, regulation, or other rule of law with respect
to any warning, notice, disclosure, or other record required to be
posted, displayed, or publicly affixed.
(g) Notarization and Acknowledgment.--If a statute, regulation, or
other rule of law requires a signature or record relating to a
transaction in or affecting interstate or foreign commerce to be
notarized, acknowledged, verified, or made under oath, that requirement
is satisfied if the electronic signature of the person authorized to
perform those acts, together with all other information required to be
included by other applicable statute, regulation, or rule of law, is
attached to or logically associated with the signature or record.
(h) Electronic Agents.--A contract or other record relating to a
transaction in or affecting interstate or foreign commerce may not be
denied legal effect, validity, or enforceability solely because its
formation, creation, or delivery involved the action of one or more
electronic agents so long as the action of any such electronic agent is
legally attributable to the person to be bound.
(i) Insurance.--It is the specific intent of the Congress that this
title and title II apply to the business of insurance.
(j) Insurance Agents and Brokers.--An insurance agent or broker
acting under the direction of a party that enters into a contract by
means of an electronic record or electronic signature may not be held
liable for any deficiency in the electronic procedures agreed to by the
parties under that contract if--
(1) the agent or broker has not engaged in negligent, reckless,
or intentional tortious conduct;
(2) the agent or broker was not involved in the development or
establishment of such electronic procedures; and
(3) the agent or broker did not deviate from such procedures.

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TITLE I

-ELECTRONIC RECORDS AND SIGNATURES IN COMMERCE

(a) In General.--A State statute, regulation, or other rule of law
may modify, limit, or supersede the provisions of section 101 with
respect to State law only if such statute, regulation, or rule of law--
(1) constitutes an enactment or adoption of the Uniform
Electronic Transactions Act as approved and recommended for
enactment in all the States by the National Conference of
Commissioners on Uniform State Laws in 1999, except that any
exception to the scope of such Act enacted by a State under section
3(b)(4) of such Act shall be preempted to the extent such exception
is inconsistent with this title or title II, or would not be
permitted under paragraph (2)(A)(ii) of this subsection; or
(2)(A) specifies the alternative procedures or requirements for
the use or acceptance (or both) of electronic records or electronic
signatures to establish the legal effect, validity, or
enforceability of contracts or other records, if--
(i) such alternative procedures or requirements are
consistent with this title and title II; and
(ii) such alternative procedures or requirements do not
require, or accord greater legal status or effect to, the
implementation or application of a specific technology or
technical specification for performing the functions of
creating, storing, generating, receiving, communicating, or
authenticating electronic records or electronic signatures; and
(B) if enacted or adopted after the date of the enactment of
this Act, makes specific reference to this Act.
(b) Exceptions for Actions by States as Market Participants.--
Subsection (a)(2)(A)(ii) shall not apply to the statutes, regulations,
or other rules of law governing procurement by any State, or any agency
or instrumentality thereof.
(c) Prevention of Circumvention.--Subsection (a) does not permit a
State to circumvent this title or title II through the imposition of
nonelectronic delivery methods under section 8(b)(2) of the Uniform
Electronic Transactions Act.

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(a) Excepted Requirements.--The provisions of section 101 shall not
apply to a contract or other record to the extent it is governed by--
(1) a statute, regulation, or other rule of law governing the
creation and execution of wills, codicils, or testamentary trusts;
(2) a State statute, regulation, or other rule of law governing
adoption, divorce, or other matters of family law; or
(3) the Uniform Commercial Code, as in effect in any State,
other than sections 1-107 and 1-206 and Articles 2 and 2A.
(b) Additional Exceptions.--The provisions of section 101 shall not
apply to--
(1) court orders or notices, or official court documents
(including briefs, pleadings, and other writings) required to be
executed in connection with court proceedings;
(2) any notice of--
(A) the cancellation or termination of utility services
(including water, heat, and power);
(B) default, acceleration, repossession, foreclosure, or
eviction, or the right to cure, under a credit agreement
secured by, or a rental agreement for, a primary residence of
an individual;
(C) the cancellation or termination of health insurance or
benefits or life insurance benefits (excluding annuities); or
(D) recall of a product, or material failure of a product,
that risks endangering health or safety; or
(3) any document required to accompany any transportation or
handling of hazardous materials, pesticides, or other toxic or
dangerous materials.
(c) Review of Exceptions.--
(1) Evaluation required.--The Secretary of Commerce, acting
through the Assistant Secretary for Communications and Information,
shall review the operation of the exceptions in subsections (a) and
(b) to evaluate, over a period of 3 years, whether such exceptions
continue to be necessary for the protection of consumers. Within 3
years after the date of enactment of this Act, the Assistant
Secretary shall submit a report to the Congress on the results of
such evaluation.
(2) Determinations.--If a Federal regulatory agency, with
respect to matter within its jurisdiction, determines after notice
and an opportunity for public comment, and publishes a finding,
that one or more such exceptions are no longer necessary for the
protection of consumers and eliminating such exceptions will not
increase the material risk of harm to consumers, such agency may
extend the application of section 101 to the exceptions identified
in such finding.

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(a) Filing and Access Requirements.--Subject to subsection (c)(2),
nothing in this title limits or supersedes any requirement by a Federal
regulatory agency, self-regulatory organization, or State regulatory
agency that records be filed with such agency or organization in
accordance with specified standards or formats.
(b) Preservation of Existing Rulemaking Authority.--
(1) Use of authority to interpret.--Subject to paragraph (2)
and subsection (c), a Federal regulatory agency or State regulatory
agency that is responsible for rulemaking under any other statute
may interpret section 101 with respect to such statute through--
(A) the issuance of regulations pursuant to a statute; or
(B) to the extent such agency is authorized by statute to
issue orders or guidance, the issuance of orders or guidance of
general applicability that are publicly available and published
(in the Federal Register in the case of an order or guidance
issued by a Federal regulatory agency).
This paragraph does not grant any Federal regulatory agency or
State regulatory agency authority to issue regulations, orders, or
guidance pursuant to any statute that does not authorize such
issuance.
(2) Limitations on interpretation authority.--Notwithstanding
paragraph (1), a Federal regulatory agency shall not adopt any
regulation, order, or guidance described in paragraph (1), and a
State regulatory agency is preempted by section 101 from adopting
any regulation, order, or guidance described in paragraph (1),
unless--
(A) such regulation, order, or guidance is consistent with
section 101;
(B) such regulation, order, or guidance does not add to the
requirements of such section; and
(C) such agency finds, in connection with the issuance of
such regulation, order, or guidance, that--
(i) there is a substantial justification for the
regulation, order, or guidance;
(ii) the methods selected to carry out that purpose--
(I) are substantially equivalent to the
requirements imposed on records that are not electronic
records; and
(II) will not impose unreasonable costs on the
acceptance and use of electronic records; and
(iii) the methods selected to carry out that purpose do
not require, or accord greater legal status or effect to,
the implementation or application of a specific technology
or technical specification for performing the functions of
creating, storing, generating, receiving, communicating, or
authenticating electronic records or electronic signatures.
(3) Performance standards.--
(A) Accuracy, record integrity, accessibility.--
Notwithstanding paragraph (2)(C)(iii), a Federal regulatory
agency or State regulatory agency may interpret section 101(d)
to specify performance standards to assure accuracy, record
integrity, and accessibility of records that are required to be
retained. Such performance standards may be specified in a
manner that imposes a requirement in violation of paragraph
(2)(C)(iii) if the requirement (i) serves an important
governmental objective; and (ii) is substantially related to
the achievement of that objective. Nothing in this paragraph
shall be construed to grant any Federal regulatory agency or
State regulatory agency authority to require use of a
particular type of software or hardware in order to comply with
section 101(d).
(B) Paper or printed form.--Notwithstanding subsection
(c)(1), a Federal regulatory agency or State regulatory agency
may interpret section 101(d) to require
retention of a record in a tangible printed or paper form if--
(i) there is a compelling governmental interest
relating to law enforcement or national security for
imposing such requirement; and
(ii) imposing such requirement is essential to
attaining such interest.
(4) Exceptions for actions by government as market
participant.--Paragraph (2)(C)(iii) shall not apply to the
statutes, regulations, or other rules of law governing procurement
by the Federal or any State government, or any agency or
instrumentality thereof.
(c) Additional Limitations.--
(1) Reimposing paper prohibited.--Nothing in subsection (b)
(other than paragraph (3)(B) thereof) shall be construed to grant
any Federal regulatory agency or State regulatory agency authority
to impose or reimpose any requirement that a record be in a
tangible printed or paper form.
(2) Continuing obligation under government paperwork
elimination act.--Nothing in subsection (a) or (b) relieves any
Federal regulatory agency of its obligations under the Government
Paperwork Elimination Act (title XVII of Public Law 105-277).
(d) Authority To Exempt From Consent Provision.--
(1) In general.--A Federal regulatory agency may, with respect
to matter within its jurisdiction, by regulation or order issued
after notice and an opportunity for public comment, exempt without
condition a specified category or type of record from the
requirements relating to consent in section 101(c) if such
exemption is necessary to eliminate a substantial burden on
electronic commerce and will not increase the material risk of harm
to consumers.
(2) Prospectuses.--Within 30 days after the date of enactment
of this Act, the Securities and Exchange Commission shall issue a
regulation or order pursuant to paragraph (1) exempting from
section 101(c) any records that are required to be provided in
order to allow advertising, sales literature, or other information
concerning a security issued by an investment company that is
registered under the Investment Company Act of 1940, or concerning
the issuer thereof, to be excluded from the definition of a
prospectus under section 2(a)(10)(A) of the Securities Act of 1933.
(e) Electronic Letters of Agency.--The Federal Communications
Commission shall not hold any contract for telecommunications service
or letter of agency for a preferred carrier change, that otherwise
complies with the Commission's rules, to be legally ineffective,
invalid, or unenforceable solely because an electronic record or
electronic signature was used in its formation or authorization.

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(a) Delivery.--Within 12 months after the date of the enactment of
this Act, the Secretary of Commerce shall conduct an inquiry regarding
the effectiveness of the delivery of electronic records to consumers
using electronic mail as compared with delivery of written records via
the United States Postal Service and private express mail services. The
Secretary shall submit a report to the Congress regarding the results
of such inquiry by the conclusion of such 12-month period.
(b) Study of Electronic Consent.--Within 12 months after the date
of the enactment of this Act, the Secretary of Commerce and the Federal
Trade Commission shall submit a report to the Congress evaluating any
benefits provided to consumers by the procedure required by section
101(c)(1)(C)(ii); any burdens imposed on electronic commerce by that
provision; whether the benefits outweigh the burdens; whether the
absence of the procedure required by section 101(c)(1)(C)(ii) would
increase the incidence of fraud directed against consumers; and
suggesting any revisions to the provision deemed appropriate by the
Secretary and the Commission. In conducting this evaluation, the
Secretary and the Commission shall solicit comment from the general
public, consumer representatives, and electronic commerce businesses.

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For purposes of this title:
(1) Consumer.--The term ``consumer'' means an individual who
obtains, through a transaction, products or services which are used
primarily for personal, family, or household purposes, and also
means the legal representative of such an individual.
(2) Electronic.--The term ``electronic'' means relating to
technology having electrical, digital, magnetic, wireless, optical,
electromagnetic, or similar capabilities.
(3) Electronic agent.--The term ``electronic agent'' means a
computer program or an electronic or other automated means used
independently to initiate an action or respond to electronic
records or performances in whole or in part without review or
action by an individual at the time of the action or response.
(4) Electronic record.--The term ``electronic record'' means a
contract or other record created, generated, sent, communicated,
received, or stored by electronic means.
(5) Electronic signature.--The term ``electronic signature''
means an electronic sound, symbol, or process, attached to or
logically associated with a contract or other record and executed
or adopted by a person with the intent to sign the record.
(6) Federal regulatory agency.--The term ``Federal regulatory
agency'' means an agency, as that term is defined in section 552(f)
of title 5, United States Code.
(7) Information.--The term ``information'' means data, text,
images, sounds, codes, computer programs, software, databases, or
the like.
(8) Person.--The term ``person'' means an individual,
corporation, business trust, estate, trust, partnership, limited
liability company, association, joint venture, governmental agency,
public corporation, or any other legal or commercial entity.
(9) Record.--The term ``record'' means information that is
inscribed on a tangible medium or that is stored in an electronic
or other medium and is retrievable in perceivable form.
(10) Requirement.--The term ``requirement'' includes a
prohibition.
(11) Self-regulatory organization.--The term ``self-regulatory
organization'' means an organization or entity that is not a
Federal regulatory agency or a State, but that is under the
supervision of a Federal regulatory agency and is authorized under
Federal law to adopt and administer rules applicable to its members
that are enforced by such organization or entity, by a Federal
regulatory agency, or by another self-regulatory organization.
(12) State.--The term ``State'' includes the District of
Columbia and the territories and possessions of the United States.
(13) Transaction.--The term ``transaction'' means an action or
set of actions relating to the conduct of business, consumer, or
commercial affairs between two or more persons, including any of
the following types of conduct--
(A) the sale, lease, exchange, licensing, or other
disposition of (i) personal property, including goods and
intangibles, (ii) services, and (iii) any combination thereof;
and
(B) the sale, lease, exchange, or other disposition of any
interest in real property, or any combination thereof.

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(a) In General.--Except as provided in subsection (b), this title
shall be effective on October 1, 2000.
(b) Exceptions.--
(1) Record retention.--
(A) In general.--Subject to subparagraph (B), this title
shall be effective on March 1, 2001, with respect to a
requirement that a record be retained imposed by--
(i) a Federal statute, regulation, or other rule of
law, or
(ii) a State statute, regulation, or other rule of law
administered or promulgated by a State regulatory agency.
(B) Delayed effect for pending rulemakings.--If on March 1,
2001, a Federal regulatory agency or State regulatory agency
has announced, proposed, or initiated, but not completed, a
rulemaking proceeding to prescribe a regulation under section
104(b)(3) with respect to a requirement described in
subparagraph (A), this title shall be effective on June 1,
2001, with respect to such requirement.
(2) Certain guaranteed and insured loans.--With regard to any
transaction involving a loan guarantee or loan guarantee commitment
(as those terms are defined in section 502 of the Federal Credit
Reform Act of 1990), or involving a program listed in the Federal
Credit Supplement, Budget of the United States, FY 2001, this title
applies only to such transactions entered into, and to any loan or
mortgage made, insured, or guaranteed by the United States
Government thereunder, on and after one year after the date of
enactment of this Act.
(3) Student loans.--With respect to any records that are
provided or made available to a consumer pursuant to an application
for a loan, or a loan made, pursuant to title IV of the Higher
Education Act of 1965, section 101(c) of this Act shall not apply
until the earlier of--
(A) such time as the Secretary of Education publishes
revised promissory notes under section 432(m) of the Higher
Education Act of 1965; or
(B) one year after the date of enactment of this Act.

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(a) Definitions.--For purposes of this section:
(1) Transferable record.--The term ``transferable record''
means an electronic record that--
(A) would be a note under Article 3 of the Uniform
Commercial Code if the electronic record were in writing;
(B) the issuer of the electronic record expressly has
agreed is a transferable record; and
(C) relates to a loan secured by real property.
A transferable record may be executed using an electronic
signature.
(2) Other definitions.--The terms ``electronic record'',
``electronic signature'', and ``person'' have the same meanings
provided in section 106 of this Act.
(b) Control.--A person has control of a transferable record if a
system employed for evidencing the transfer of interests in the
transferable record reliably establishes that person as the person to
which the transferable record was issued or transferred.
(c) Conditions.--A system satisfies subsection (b), and a person is
deemed to have control of a transferable record, if the transferable
record is created, stored, and assigned in such a manner that--
(1) a single authoritative copy of the transferable record
exists which is unique, identifiable, and, except as otherwise
provided in paragraphs (4), (5), and (6), unalterable;
(2) the authoritative copy identifies the person asserting
control as--
(A) the person to which the transferable record was issued;
or
(B) if the authoritative copy indicates that the
transferable record has been transferred, the person to which
the transferable record was most recently transferred;
(3) the authoritative copy is communicated to and maintained by
the person asserting control or its designated custodian;
(4) copies or revisions that add or change an identified
assignee of the authoritative copy can be made only with the
consent of the person asserting control;
(5) each copy of the authoritative copy and any copy of a copy
is readily identifiable as a copy that is not the authoritative
copy; and
(6) any revision of the authoritative copy is readily
identifiable as authorized or unauthorized.
(d) Status as Holder.--Except as otherwise agreed, a person having
control of a transferable record is the holder, as defined in section
1-201(20) of the Uniform Commercial Code, of the transferable record
and has the same rights and defenses as a holder of an equivalent
record or writing under the Uniform Commercial Code, including, if the
applicable statutory requirements under section 3-302(a), 9-308, or
revised section 9-330 of the Uniform Commercial Code are satisfied, the
rights and defenses of a holder in due course or a purchaser,
respectively. Delivery, possession, and endorsement are not required to
obtain or exercise any of the rights under this subsection.
(e) Obligor Rights.--Except as otherwise agreed, an obligor under a
transferable record has the same rights and defenses as an equivalent
obligor under equivalent records or writings under the Uniform
Commercial Code.
(f) Proof of Control.--If requested by a person against which
enforcement is sought, the person seeking to enforce the transferable
record shall provide reasonable proof that the person is in control of
the transferable record. Proof may include access to the authoritative
copy of the transferable record and related business records sufficient
to review the terms of the transferable record and to establish the
identity of the person having control of the transferable record.
(g) UCC References.--For purposes of this subsection, all
references to the Uniform Commercial Code are to the Uniform Commercial
Code as in effect in the jurisdiction the law of which governs the
transferable record.

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TITLE II

-TRANSFERABLE RECORDS

This title shall be effective 90 days after the date of enactment
of this Act.

1c051e9a0cfb4084b4cdc14bd398beffaabcb5ce62f7bb81dc765f6809e2ca9b

INTERNATIONAL TRANSACTIONS.
(a) Promotion of Electronic Signatures.--
(1) Required actions.--The Secretary of Commerce shall promote
the acceptance and use, on an international basis, of electronic
signatures in accordance with the principles specified in paragraph
(2) and in a manner consistent with section 101 of this Act. The
Secretary of Commerce shall take all actions necessary in a manner
consistent with such principles to eliminate or reduce, to the
maximum extent possible, the impediments to commerce in electronic
signatures, for the purpose of facilitating the development of
interstate and foreign commerce.
(2) Principles.--The principles specified in this paragraph are
the following:
(A) Remove paper-based obstacles to electronic transactions
by adopting relevant principles from the Model Law on
Electronic Commerce adopted in 1996 by the United Nations
Commission on International Trade Law.
(B) Permit parties to a transaction to determine the
appropriate authentication technologies and implementation
models for their transactions, with assurance that those
technologies and implementation models will be recognized and
enforced.
(C) Permit parties to a transaction to have the opportunity
to prove in court or other proceedings that their
authentication approaches and their transactions are valid.
(D) Take a nondiscriminatory approach to electronic
signatures and authentication methods from other jurisdictions.
(b) Consultation.--In conducting the activities required by this
section, the Secretary shall consult with users and providers of
electronic signature products and services and other interested
persons.
(c) Definitions.--As used in this section, the terms ``electronic
record'' and ``electronic signature'' have the same meanings provided
in section 106 of this Act.

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TITLE III

-PROMOTION OF INTERNATIONAL ELECTRONIC COMMERCE

Section 1405 of the Child Online Protection Act (47 U.S.C. 231
note) is amended by inserting after subsection (g) the following new
subsection:
``(h) Gifts, Bequests, and Devises.--The Commission may accept,
use, and dispose of gifts, bequests, or devises of services or
property, both real (including the use of office space) and personal,
for the purpose of aiding or facilitating the work of the Commission.
Gifts or grants not used at the termination of the Commission shall be
returned to the donor or grantee.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

8cebc471cbc0c3f2826c9133ddce28193d253a6ff19537448f4248807548fa7d

Electronic Signatures in Global and National Commerce Act

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

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