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Occurrences in the Congressional Record

Entry Title Date
Electronic Signatures In Global And National Commerce Act—Conference Report—Resumed June 16, 2000
Phil Gramm, R-TX
"Is it the understanding of the Senator from Michigan that the act is not intended to restrict the scope or availability of any other federal statute, regulation and other rule of law (whether currently in effect or becoming effective in the future) that requires, authorizes or otherwise allows for the use of electronic signatures or electronic records, to the extent such federal statute, regulation, or other rule of law is consistent with the provisions of the act? Any such other statute, regulation or other rule of law will continue to be fully and independently effective. Rather, this act is intended to operate as a uniform national baseline permitting electronic signatures and electronic records to be used with respect to certain activities notwithstanding other inconsistent statutes, regulations or other rules of law. Am I correct in my statement regarding the intent of this legislation?"
Electronic Signatures In Global And National Commerce Act—Conference Report June 15, 2000
Ron Wyden, D-OR
"Section 101(c) provides that if a statute, regulation or other rule of law requires that information relating to a transaction be provided or made available to a consumer in writing, the vendor can use electronic means if the consumer, prior to consenting, has been given a clear and conspicuous statement of his or her rights. The consumer must be informed of the option of getting the record on paper, and what the consequences are if he or she later withdraws the electronic consent in favor of returning to paper records. Some vendors, for example, may be able to achieve considerable savings by using electronic records, and offer customers a much more attractive price for doing business online rather than through traditional paper and snail mail. But a vendor might not want to be locked into a lower price if the buyer reverts to paper later in the life of the contract. This provision will assure a consumer will be informed up front of any change in the cost if the consumer withdraws consent to receive records electronically subsequent to consummation of the contract. This could happen, for instance, if a consumer finds he cannot access the documents electronically, or the vendor chooses to upgrade his software and the consumer does not want to go to the expense of upgrading his system to accommodate the change."
Providing For Consideration Of S. 761, Electronic Signatures In Global And National Commerce Act June 14, 2000
John Dingell, D-MI
"Preservation of Consumer Protections.—Section 101(c)(2)(A). The Conferees preserved an important provision from the House bill which provides that: “nothing in this title affects the content or timing of any disclosure or other record required to be provided or made available to any consumer under any statute, regulation, or other rule of law.” So, for example, if a statute requires that a disclosure be provided within 24 hours of a certain event and that the disclosure include specific language set forth clearly and conspicuously, that requirement could be met by an electronic disclosure provided within 24 hours of that event, which disclosure included the specific language, set forth clearly and conspicuously. However, simply providing a notice electronically does not obviate the need to satisfy the underlying statute’s requirements for timing and content."
Millennium Digital Commerce Act March 29, 2000
Trent Lott, R-MS
"(a) General Rule.—With respect to any contract, agreement, or record entered into or provided in, or affecting, interstate or foreign commerce, notwithstanding any statute, regulation, or other rule of law, the legal effect, validity, or enforceability of such contract, agreement, or record shall not be denied— (1) on the ground that the contract, agreement, or record is not in writing if the contract, agreement, or record is an electronic record; or (2) on the ground that the contract, agreement, or record is not signed or is not affirmed by a signature if the contract, agreement, or record is signed or affirmed by an electronic signature. (b) Autonomy of Parties in Commerce.— (1) In general.—With respect to any contract, agreement, or record entered into or provided in, or affecting, interstate or foreign commerce— (A) the parties to such contract, agreement, or record may establish procedures or requirements regarding the use and acceptance of electronic records and electronic signatures acceptable to such parties; (B) the legal effect, validity, or enforceability of such contract, agreement, or record shall not be denied because of the type or method of electronic record or electronic signature selected by the parties in establishing such procedures or requirements; and (C) nothing in this section requires any party to use or accept electronic records or electronic signatures. (2) Consent to electronic records.—Notwithstanding subsection (a) and paragraph (1) of this subsection— (A) if a statute, regulation, or other rule of law requires that a record be provided or made available to a consumer in writing, that requirement shall be satisfied by an electronic record if— (i) the consumer has affirmatively consented, by means of a consent that is conspicuous and visually separate from other terms, to the provision or availability (whichever is required) of such record (or identified groups of records that include such record) as an electronic record, and has not withdrawn such consent; (ii) prior to consenting, the consumer is provided with a statement of the hardware and software requirements for access to and retention of electronic records; and (iii) the consumer affirmatively acknowledges, by means of an acknowledgement that is conspicuous and visually separate from other terms, that—"
Electronic Signatures In Global And National Commerce Act November 9, 1999
Patsy Mink, D-HI
"(a) General Rule.—With respect to any contract, agreement, or record entered into or provided in, or affecting, interstate or foreign commerce, notwithstanding any statute, regulation, or other rule of law, the legal effect, validity, or enforceability of such contract, agreement, or record shall not be denied— (1) on the ground that the contract, agreement, or record is not in writing if the contract, agreement, or record is an electronic record; or (2) on the ground that the contract, agreement, or record is not signed or is not affirmed by a signature if the contract, agreement, or record is signed or affirmed by an electronic signature. (b) Autonomy of Parties in Commerce.— (1) In general.—With respect to any contract, agreement, or record entered into or provided in, or affecting, interstate or foreign commerce— (A) the parties to such contract, agreement, or record may establish procedures or requirements regarding the use and acceptance of electronic records and electronic signatures acceptable to such parties; (B) the legal effect, validity, or enforceability of such contract, agreement, or record shall not be denied because of the type or method of electronic record or electronic signature selected by the parties in establishing such procedures or requirements; and (C) nothing in this section requires any party to use or accept electronic records or electronic signatures. (2) Consent to electronic records.—Notwithstanding subsection (a) and paragraph (1) of this subsection— (A) if a statute, regulation, or other rule of law requires that a record be provided or made available to a consumer in writing, that requirement shall be satisfied by an electronic record if— (i) the consumer has separately and affirmatively consented to the provision or availability of such record, or identified groups of records that include such record, as an electronic record; and (ii) has not withdrawn such consent; and (B) if such statute, regulation, or other rule of law requires that a record be retained, that requirement shall be satisfied if such record complies with the requirements of subparagraphs (A) and (B) of subsection (c)(1). (c) Retention of Contracts, Agreements, and Records.— (1) Accuracy and accessibility.—If a statute, regulation, or other rule of law requires that a contract, agreement, or record be in writing or be retained, that requirement is met by retaining an electronic record of the information in the contract, agreement, or record that— (A) accurately reflects the information set forth in the contract, agreement, or record after it was first generated in its final form as an electronic record; and (B) remains accessible, for the period required by such statute, regulation, or rule of law, for later reference, transmission, and printing. (2) Exception.—A requirement to retain a contract, agreement, or record in accordance with paragraph (1) does not apply to any information whose sole purpose is to enable the contract, agreement, or record to be sent, communicated, or received. (3) Originals.—If a statute, regulation, or other rule of law requires a contract, agreement, or record to be provided, available, or retained in its original form, or provides consequences if the contract, agreement, or record is not provided, available, or retained in its original form, that statute, regulation, or rule of law is satisfied by an electronic record that complies with paragraph (1). (4) Checks.—If a statute, regulation, or other rule of law requires the retention of a check, that requirement is satisfied by retention of an electronic record of all the information on the front and back of the check in accordance with paragraph (1)."

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