```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4159 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 638
116th CONGRESS
  2d Session
                                S. 4159

To amend the Electronic Signatures in Global and National Commerce Act 
                 to accommodate emerging technologies.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              July 2, 2020

   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

                           December 15, 2020

               Reported by Mr. Wicker, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``E-SIGN Modernization Act of 
2020''.</DELETED>

<DELETED>SEC. 2. REQUIREMENTS FOR CONSENT TO ELECTRONIC 
              DISCLOSURES.</DELETED>

<DELETED>    (a) In General.--Title I of the Electronic Signatures in 
Global and National Commerce Act (15 U.S.C. 7001 et seq.) is amended--
</DELETED>
        <DELETED>    (1) in section 101(c) (15 U.S.C. 7001(c))--
        </DELETED>
                <DELETED>    (A) in paragraph (1), by striking 
                subparagraphs (C) and (D) and inserting the 
                following:</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the revised hardware and 
                        software requirements for access to and 
                        retention of the electronic records; 
                        and</DELETED>
                        <DELETED>    ``(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).'';</DELETED>
                <DELETED>    (B) by striking paragraph (3); 
                and</DELETED>
                <DELETED>    (C) by redesignating paragraphs (4), (5), 
                and (6) as paragraphs (3), (4), and (5), respectively; 
                and</DELETED>
        <DELETED>    (2) by striking section 105 (15 U.S.C. 
        7005).</DELETED>
<DELETED>    (b) 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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``E-SIGN Modernization Act of 2020''.

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) by striking section 105 (15 U.S.C. 7005); and
            (3) 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.
                                                       Calendar No. 638

116th CONGRESS

  2d Session

                                S. 4159

_______________________________________________________________________

                                 A BILL

To amend the Electronic Signatures in Global and National Commerce Act 
                 to accommodate emerging technologies.

_______________________________________________________________________

                           December 15, 2020

                       Reported with an amendment
```