II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘E-SIGN Modernization 

5 Act of 2020’’. 


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1 SEC. 2. REQUIREMENTS FOR CONSENT TO ELECTRONIC 

2 DISCLOSURES. 

3 (a) IN GENERAL.—Title I of the Electronic Signa4 tures in Global and National Commerce Act (15 U.S.C. 

5 7001 et seq.) is amended— 

6 (1) in section 101(c) (15 U.S.C. 7001(c))— 

7 (A) in paragraph (1), by striking subpara8 graphs (C) and (D) and inserting the following: 

9 ‘‘(C) the consumer, prior to consenting, is 

10 provided with a statement of the hardware and 

11 software requirements for access to and reten12 tion of the electronic records; and 

13 ‘‘(D) after the consent of a consumer in 

14 accordance with subparagraph (A), if a change 

15 in the hardware or software requirements need16 ed to access or retain electronic records creates 

17 a material risk that the consumer will not be 

18 able to access or retain a subsequent electronic 

19 record that was the subject of the consent, the 

20 person providing the electronic record provides 

21 the consumer with a statement of— 

22 ‘‘(i) the revised hardware and soft23 ware requirements for access to and reten24 tion of the electronic records; and 

25 ‘‘(ii) the right to withdraw consent 

26 without the imposition of any fees for such 


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1 withdrawal and without the imposition of 

2 any condition or consequence that was not 

3 disclosed under subparagraph (B)(i).’’; 

4 (B) by striking paragraph (3); and 

5 (C) by redesignating paragraphs (4), (5), 

6 and (6) as paragraphs (3), (4), and (5), respec7 tively; and 

8 (2) by striking section 105 (15 U.S.C. 7005). 

9 (b) RULE OF CONSTRUCTION.—Nothing in this sec10 tion, or the amendments made by this section, may be con11 strued as affecting the consent provided by any consumer 

12 under section 101(c) of the Electronic Signatures in Glob13 al and National Commerce Act (15 U.S.C. 7001(c)) before 

14 the date of enactment of this Act. 

15 SECTION 1. SHORT TITLE. 

16 This Act may be cited as the ‘‘E-SIGN Modernization 

17 Act of 2020’’. 

18 SEC. 2. REQUIREMENTS FOR CONSENT TO ELECTRONIC 

19 DISCLOSURES. 

20 (a) IN GENERAL.—Title I of the Electronic Signatures 

21 in Global and National Commerce Act (15 U.S.C. 7001 et 

22 seq.) is amended— 

23 (1) in section 101(c) (15 U.S.C. 7001(c))— 

24 (A) in paragraph (1), by striking subpara25 graphs (C) and (D) and inserting the following: 


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1 ‘‘(C) the consumer, prior to consenting, is 

2 provided with a statement of the hardware and 

3 software requirements for access to and retention 

4 of the electronic records; and 

5 ‘‘(D) after the consent of a consumer in ac6 cordance with subparagraph (A), if a change in 

7 the hardware or software requirements needed to 

8 access or retain electronic records creates a mate9 rial risk that the consumer will not be able to ac10 cess or retain a subsequent electronic record that 

11 was the subject of the consent, the person pro12 viding the electronic record provides the con13 sumer with a statement of— 

14 ‘‘(i) the revised hardware and software 

15 requirements for access to and retention of 

16 the electronic records; and 

17 ‘‘(ii) the right to withdraw consent 

18 without the imposition of any fees for such 

19 withdrawal and without the imposition of 

20 any condition or consequence that was not 

21 disclosed under subparagraph (B)(i).’’; 

22 (B) by striking paragraph (3); and 

23 (C) by redesignating paragraphs (4), (5), 

24 and (6) as paragraphs (3), (4), and (5), respec25 tively; 


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1 (2) by striking section 105 (15 U.S.C. 7005); 

2 and 

3 (3) by redesignating sections 106 and 107 (15 

4 U.S.C. 7006, 7001 note) as sections 105 and 106, re5 spectively. 

6 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

7 (1) ECONOMIC GROWTH, REGULATORY RELIEF, 

8 AND CONSUMER PROTECTION ACT.—Section 215(f)(2) 

9 of the Economic Growth, Regulatory Relief, and Con10 sumer Protection Act (42 U.S.C. 405b(f)(2)) is 

11 amended by striking ‘‘section 106 of the Electronic 

12 Signatures in Global and National Commerce Act (15 

13 U.S.C. 7006)’’ and inserting ‘‘section 105 of the Elec14 tronic Signatures in Global and National Commerce 

15 Act’’. 

16 (2) ELECTRONIC FUND TRANSFER ACT.—Section 

17 920(g)(2)(A) of the Electronic Fund Transfer Act (15 

18 U.S.C. 1693o–1(g)(2)(A)) is amended by striking 

19 ‘‘section 106(2) of the Electronic Signatures in Global 

20 and National Commerce Act (15 U.S.C. 7006(2))’’ 

21 and inserting ‘‘section 105(2) of the Electronic Signa22 tures in Global and National Commerce Act’’. 

23 (3) ELECTRONIC SIGNATURES IN GLOBAL AND

24 NATIONAL COMMERCE ACT.—The Electronic SignaVerDate Sep 11 2014 01:49 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S4159.RS S4159

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1 tures in Global and National Commerce Act (15 

2 U.S.C. 7001 et seq.) is amended— 

3 (A) in section 201(a)(2) (15 U.S.C. 

4 7021(a)(2)), by striking ‘‘section 106’’ and in5 serting ‘‘section 105’’; and 

6 (B) in section 301(c) (15 U.S.C. 7031(c)), 

7 by striking ‘‘section 106’’ and inserting ‘‘section 

8 105’’. 

9 (c) RULE OF CONSTRUCTION.—Nothing in this section, 

10 or the amendments made by this section, may be construed 

11 as affecting the consent provided by any consumer under 

12 section 101(c) of the Electronic Signatures in Global and 

13 National Commerce Act (15 U.S.C. 7001(c)) before the date 

14 of enactment of this Act. 


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Calendar No. 638 

116TH CONGRESS 

2D SESSION S. 4159 

A BILL 

To amend the Electronic Signatures in Global and 

ing technologies. National Commerce Act to accommodate emergDECEMBER 15, 2020 

Reported with an amendment 


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