To facilitate the use of electronic records and signatures in interstate or foreign commerce.
(Sec. 101) Upholds the legal effect of such instruments regardless of the type or method of electronic record or signature selected by the signatories. Emphasizes that this Act does not require a party to use or accept electronic records or signatures.
Cites circumstances in which an electronic record satisfies any statute, regulation, or other rule of law mandating: (1) availability to the customer of a record in writing; (2) retention of a contract, agreement, or record in writing or in its original form; and (3) retention of a check. Upholds the contestability of signatures and charges.
(Sec. 102) Cites circumstances in which a State statute or rule of law may alter or supersede the general rule of validity governing instruments of electronic commerce under this Act, including: (1) that such statute or rule of law constitutes an enactment or adoption of the Uniform Electronic Transactions Act as reported by the National Conference of Commissioners on Uniform State laws; and (2) a State requirement that certain notices be in writing for the protection of the public health and safety of consumers.
(Sec. 103) Specifies legal and commercial instruments excluded from the purview of this Act, including: (1) certain testamentary instruments; (2) matters of family law; (3) certain instruments under the Uniform Commercial Code; (4) certain judicial documents; (5) certain credit-related proceedings; (6) the Uniform Anatomical Gift Act; and (7) the Uniform Health-Care Decisions Act.
(Sec. 104) Directs the Secretary of Commerce to conduct inquiries and report to Congress on: (1) compliance with this Act of State statutes and regulations; and (2) the effectiveness of the delivery of electronic records to consumers using electronic mail as compared with delivery of written records via the U.S. Postal Service and private express mail service.
Title II: Development and Adoption of Electronic Signature Products and Services - Directs the Secretary, acting through the Assistant Secretary for Communications and Information, to conduct inquiries into and report to Congress on: (1) domestic and foreign impediments to commerce in electronic signature products and services; (2) constraints imposed by foreign nations and international organizations that constitute barriers to providers of such products or services; and (3) the degree to which other nations and international organizations comply with specified related principles.
(Sec. 201) Requires the Secretary, acting through the Assistant Secretary, to promote the acceptance and use of electronic signatures in interstate and foreign commerce.
Title III: Use of Electronic Records and Signatures Under Federal Securities Law - Amends the Securities Exchange Act of 1934 to reflect the provisions of this Act regarding the use of electronic records and signatures. Authorizes the Securities and Exchange Commission to: (1) prescribe implementing regulations following certain guidelines; (2) require that records be filed in a specified standard or format; and (3) require manual signatures in certain circumstances to deter fraud.
Became Public Law No: 106-229.
Motion to reconsider laid on the table Agreed to without objection.
Motion to reconsider laid on the table Agreed to without objection.
Rules Committee Resolution H. Res. 366 Reported to House. Rule provides for consideration of H.R. 1714 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Specified amendments are in order.
Rule H. Res. 366 passed House.
Considered under the provisions of rule H. Res. 366. (consideration: CR H11732-11755, H11762-11763)
Rule provides for consideration of H.R. 1714 with 1 hour of general debate. In lieu of the amendments recommended by the Committees on Commerce and the Judiciary now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment an amendment in the nature of a substitute printed in the Congressional Record and numbered one. The previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Specified amendments are in order.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 366 and Rule XXIII.
The Speaker designated the Honorable Henry Bonilla to act as Chairman of the Committee.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1714.
DEBATE - Pursuant to H. Res. 366, the Committee is debating the amendment offered by Mr. Inslee for thirty minutes.
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DEBATE - Pursuant to H. Res. 366, the Committee is debating the amendment in the nature of a substitute offered by Mr. Dingell for thirty minutes.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1714.
The previous question was ordered pursuant to the rule.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
POSTPONED PROCEEDINGS - The Chair put the question on passage by voice vote and announced that the ayes had prevailed. Mr. LaFalce demanded a recorded vote. Pursuant to H. Res. 366, further proceedings were postponed.
Considered as unfinished business.
Passed/agreed to in House: On passage Passed by recorded vote: 356 - 66 (Roll no. 579).
Roll Call #579 (House)On passage Passed by recorded vote: 356 - 66 (Roll no. 579).
Roll Call #579 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read twice and referred to the Committee on Commerce.