II 

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. 

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 2022’’. 

6 SEC. 2. REQUIREMENTS FOR CONSENT TO ELECTRONIC 

7 DISCLOSURES. 

8 (a) IN GENERAL.—Title I of the Electronic Signa9 tures in Global and National Commerce Act (15 U.S.C. 

10 7001 et seq.) is amended— 


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

2 (A) in paragraph (1), by striking subpara3 graphs (C) and (D) and inserting the following: 

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

5 provided with a statement of the hardware and 

6 software requirements for access to and reten7 tion of the electronic records; and 

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

9 accordance with subparagraph (A), if a change 

10 in the hardware or software requirements need11 ed to access or retain electronic records creates 

12 a material risk that the consumer will not be 

13 able to access or retain a subsequent electronic 

14 record that was the subject of the consent, the 

15 person providing the electronic record provides 

16 the consumer with a statement of— 

17 ‘‘(i) the revised hardware and soft18 ware requirements for access to and reten19 tion of the electronic records; and 

20 ‘‘(ii) the right to withdraw consent 

21 without the imposition of any fees for such 

22 withdrawal and without the imposition of 

23 any condition or consequence that was not 

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

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


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

2 and (6) as paragraphs (3), (4), and (5), respec3 tively; 

4 (2) in section 104(d)(1) (15 U.S.C. 

5 7004(d)(1)), by inserting ‘‘or a State regulatory 

6 agency’’ after ‘‘Federal regulatory agency’’; 

7 (3) by striking section 105 (15 U.S.C. 7005); 

8 and 

9 (4) by redesignating sections 106 and 107 (15 

10 U.S.C. 7006, 7001 note) as sections 105 and 106, 

11 respectively. 

12 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

13 (1) ECONOMIC GROWTH, REGULATORY RELIEF, 

14 AND CONSUMER PROTECTION ACT.—Section 

15 215(f)(2) of the Economic Growth, Regulatory Re16 lief, and Consumer Protection Act (42 U.S.C. 

17 405b(f)(2)) is amended by striking ‘‘section 106 of 

18 the Electronic Signatures in Global and National 

19 Commerce Act (15 U.S.C. 7006)’’ and inserting 

20 ‘‘section 105 of the Electronic Signatures in Global 

21 and National Commerce Act’’. 

22 (2) ELECTRONIC FUND TRANSFER ACT.—Sec23 tion 920(g)(2)(A) of the Electronic Fund Transfer 

24 Act (15 U.S.C. 1693o–1(g)(2)(A)) is amended by 

25 striking ‘‘section 106(2) of the Electronic Signatures 


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1 in Global and National Commerce Act (15 U.S.C. 

2 7006(2))’’ and inserting ‘‘section 105(2) of the Elec3 tronic Signatures in Global and National Commerce 

4 Act’’. 

5 (3) ELECTRONIC SIGNATURES IN GLOBAL AND

6 NATIONAL COMMERCE ACT.—The Electronic Signa7 tures in Global and National Commerce Act (15 

8 U.S.C. 7001 et seq.) is amended— 

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

10 7021(a)(2)), by striking ‘‘section 106’’ and in11 serting ‘‘section 105’’; and 

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

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

14 105’’. 

15 (c) RULE OF CONSTRUCTION.—Nothing in this sec16 tion, or the amendments made by this section, may be con17 strued as affecting the consent provided by any consumer 

18 under section 101(c) of the Electronic Signatures in Glob19 al and National Commerce Act (15 U.S.C. 7001(c)) before 

20 the date of enactment of this Act. 

Æ 


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