E-SIGN Modernization Act of 2022
Bill: S.3715 | Sponsor: Sen. Thune, John (R-SD)
Policy area: Finance and Financial Sector

Summary:
E-SIGN Modernization Act of 2022
This bill repeals certain requirements regarding the use of electronic records in commerce. Specifically, the bill repeals the requirement that consumers must demonstrate their ability to access information electronically in order to consent to the use of electronic records.

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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