[Congressional Record Volume 168, Number 37 (Tuesday, March 1, 2022)]
[Senate]
[Pages S876-S877]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THUNE (for himself, Mr. Moran, Mr. Young, and Mrs. 
        Blackburn):
  S. 3715. A bill to amend the Electronic Signatures in Global and 
National Commerce Act to accommodate emerging technologies; to the 
Committee on Commerce, Science, and Transportation.
  Mr. THUNE. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3715

       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''.

[[Page S877]]

       (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.
                                 ______