[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3715 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3715
To amend the Electronic Signatures in Global and National Commerce Act
to accommodate emerging technologies.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2022
Mr. Thune (for himself, Mr. Moran, Mr. Young, and Mrs. Blackburn)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend the Electronic Signatures in Global and National Commerce Act
to accommodate emerging technologies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``E-SIGN Modernization Act of 2022''.
SEC. 2. REQUIREMENTS FOR CONSENT TO ELECTRONIC DISCLOSURES.
(a) In General.--Title I of the Electronic Signatures in Global and
National Commerce Act (15 U.S.C. 7001 et seq.) is amended--
(1) in section 101(c) (15 U.S.C. 7001(c))--
(A) in paragraph (1), by striking subparagraphs (C)
and (D) and inserting the following:
``(C) the consumer, prior to consenting, is
provided with a statement of the hardware and software
requirements for access to and retention of the
electronic records; 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
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).'';
(B) by striking paragraph (3); and
(C) by redesignating paragraphs (4), (5), and (6)
as paragraphs (3), (4), and (5), respectively;
(2) in section 104(d)(1) (15 U.S.C. 7004(d)(1)), by
inserting ``or a State regulatory agency'' after ``Federal
regulatory agency'';
(3) by striking section 105 (15 U.S.C. 7005); and
(4) by redesignating sections 106 and 107 (15 U.S.C. 7006,
7001 note) as sections 105 and 106, respectively.
(b) Technical and Conforming Amendments.--
(1) Economic growth, regulatory relief, and consumer
protection act.--Section 215(f)(2) of the Economic Growth,
Regulatory Relief, and Consumer Protection Act (42 U.S.C.
405b(f)(2)) is amended by striking ``section 106 of the
Electronic Signatures in Global and National Commerce Act (15
U.S.C. 7006)'' and inserting ``section 105 of the Electronic
Signatures in Global and National Commerce Act''.
(2) Electronic fund transfer act.--Section 920(g)(2)(A) of
the Electronic Fund Transfer Act (15 U.S.C. 1693o-1(g)(2)(A))
is amended by striking ``section 106(2) of the Electronic
Signatures in Global and National Commerce Act (15 U.S.C.
7006(2))'' and inserting ``section 105(2) of the Electronic
Signatures in Global and National Commerce Act''.
(3) Electronic signatures in global and national commerce
act.--The Electronic Signatures in Global and National Commerce
Act (15 U.S.C. 7001 et seq.) is amended--
(A) in section 201(a)(2) (15 U.S.C. 7021(a)(2)), by
striking ``section 106'' and inserting ``section 105'';
and
(B) in section 301(c) (15 U.S.C. 7031(c)), by
striking ``section 106'' and inserting ``section 105''.
(c) Rule of Construction.--Nothing in this section, or the
amendments made by this section, may be construed as affecting the
consent provided by any consumer under section 101(c) of the Electronic
Signatures in Global and National Commerce Act (15 U.S.C. 7001(c))
before the date of enactment of this Act.
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