Electronic Signatures in Global and National Commerce Act

1/7
Status Signed into Law
Sponsor Spencer Abraham
Citation 106-S-761
Actions 45
Introduced Mar 25th, 1999
Cosponsors
10 3
Last Action Jun 30th, 2000
Policy Area
Introduced Senate Mar 25
Senate Passed Nov 19
House Passed Feb 16
Senate Failed Mar 29
House Conf. Passed Jun 14
Senate Conf. Passed Jun 16
President Presented Jun 20
Enacted Signed into Law Jun 30
Party support (passage votes since last amendment)
Republican
99% 264Y / 3N
Democrat
100% 249Y / 1N

Summary

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What this bill does

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Electronic Signatures in Global and National Commerce Act - Title I: Electronic Records and Signatures in Commerce - Prohibits a rule of law from denying the legal effect of certain transactions in interstate or foreign commerce on the ground that: (1) the signature, contract, or record of such transaction is in electronic form; and (2) with respect to a contract, an electronic signature or electronic record was used in its formation. Defines "transaction" to mean the sale, lease, exchange, licensing, or other disposition of personal or real property and services between two or more persons.(Sec. 101) Provides that this Act shall not: (1) limit, alter, or affect the rights and obligations of persons under law other than a requirement that such contracts or other records be written, signed, or in nonelectronic form; or (2) require a person to agree to use or accept electronic records or signatures (other than a governmental agency with respect to a record other than a contract to which it is a party).Cites circumstances in which an electronic record (or signature) satisfies any statute, regulation, or other rule of law mandating: (1) availability to a customer of information in writing; (2) retention of a contract or record; (3) that contract or record be in writing; and (4) that record or signature be notarized.(Sec. 102) Cites circumstances in which a State statute or rule of law may alter or supercede the general rule of validity governing transactions in electronic commerce under this Act if it: (1) constitutes an enactment or adoption of the Uniform Electronic Transactions Act as approved by the National Conference of Commissioners on Uniform State Laws in 1999 (except that any exception to this Act by a State statute shall be preempted to the extent it is inconsistent with the provisions of this Act); or (2) specifies alternative procedures or requirements for the use or acceptance (or both) of electronic records or electronic signatures to establish the validity of contracts or records that are consistent with this Act.(Sec. 103) Excludes from the purview of this Act certain: (1) testamentary instruments; (2) matters of family law; (3) instruments under the Uniform Commercial Code; (4) judicial documents; (5) credit-related proceedings; and (6) hazardous materials-related documents.(Sec. 104) Declares that nothing in this Act shall limit or supercede any Federal or State regulatory agency requirement that records be filed with them in accordance with specified standards or formats.(Sec. 105) Directs the Secretary of Commerce to conduct inquiries and report to Congress on: (1) the effectiveness of the delivery of electronic records to consumers using electronic mail as compared with delivery of written records via the United States Postal Service and private express mail services; and (2) the benefits and burdens with respect to consumer consent to the use of electronic records.Title II: Transferable Records - Sets forth certain requirements with respect to the control of electronic transferable records.Title III: Promotion of International Electronic Commerce - Requires the Secretary to promote the acceptance and use of electronic signatures in interstate and foreign commerce.Title IV: Commission on Online Child Protection - Amends the Child Online Protection Act to authorize the Commission on Online Child Protection to accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, to aid the work of the Commission.

Actions

45
Senate House Executive
INTRODUCED
INTRODUCED
Mar 25, 1999
ON FLOOR
REFERRED TO COMMITTEE
COMMITTEE
COMMITTEE HEARINGS HELD
May 27, 1999
COMMITTEE
COMMITTEE ORDERED TO REPORT
Jun 23, 1999
COMMITTEE
COMMITTEE REPORT FILED AMENDED SUBSTITUTE
Jul 30, 1999
PLACED ON CALENDAR
PLACED ON CALENDAR
ON FLOOR
LAID BEFORE CHAMBER BY UNANIMOUS CONSENT
Nov 19, 1999
ON FLOOR
VOTE
AMENDMENT SUBSTITUTE ADOPTED
ON FLOOR
VOTE
PASSAGE
RECEIVED IN CHAMBER
RECEIVED IN CHAMBER
Nov 22, 1999
RECEIVED IN CHAMBER
HELD AT DESK
RECEIVED IN CHAMBER
MESSAGE SENATE SENT TO HOUSE
ON FLOOR
TAKE FROM SPEAKERS TABLE
Feb 16, 2000
ON FLOOR
CONSIDERATION UNDER UNANIMOUS CONSENT
ON FLOOR
VOTE
AMENDMENT STRIKE AND INSERT ADOPTED
ON FLOOR
VOTE
PASSAGE
PASSED BOTH CHAMBERS
VOTE
TABLE RECONSIDERATION
PASSED BOTH CHAMBERS
MOTION
CONFERENCE REQUEST
PASSED BOTH CHAMBERS
VOTE
MOTION CONFERENCE REQUEST
CONFERENCE PENDING PASSED HOUSE
CONFERENCE CONFEREES APPOINTED
CONFERENCE PENDING PASSED HOUSE
VOTE
TABLE RECONSIDERATION
CONFERENCE PENDING PASSED HOUSE
MESSAGE HOUSE RECEIVED IN SENATE
Feb 22, 2000
CONFERENCE PENDING PASSED HOUSE
VOTE
PASSAGE
Mar 29, 2000
FAILED SENATE PASSAGE
PASSED MOTION AGREE TO CONFERENCE
IN CONFERENCE
CONFERENCE CONFEREES APPOINTED
IN CONFERENCE
CONFERENCE CONFEREES APPOINTED
IN CONFERENCE
MESSAGE SENATE SENT TO HOUSE
Mar 30, 2000
IN CONFERENCE
CONFERENCE HELD
May 18, 2000
IN CONFERENCE
CONFERENCE REPORT FILED
Jun 8, 2000
IN CONFERENCE
RULES COMMITTEE RESOLUTION REPORTED
Jun 12, 2000
IN CONFERENCE
RULES COMMITTEE RULE ADOPTED
Jun 14, 2000
IN CONFERENCE
CONFERENCE REPORT CONSIDERATION
IN CONFERENCE
DEBATE
IN CONFERENCE
VOTE
MOTION PREVIOUS QUESTION
IN CONFERENCE
POSTPONED PROCEEDINGS DEMAND FOR YEAS AND NAYS
IN CONFERENCE
VOTE
MOTION RECONSIDER TABLE
IN CONFERENCE
VOTE
CONFERENCE REPORT
IN CONFERENCE REPORT PASSED HOUSE
CONFERENCE PAPERS HOUSE MESSAGE
IN CONFERENCE REPORT PASSED HOUSE
CONFERENCE REPORT CONSIDERED
Jun 15, 2000
IN CONFERENCE REPORT PASSED HOUSE
CONFERENCE PAPERS SENATE REPORT
IN CONFERENCE REPORT PASSED HOUSE
VOTE
CONFERENCE REPORT
Jun 16, 2000
PASSED BOTH CHAMBERS THROUGH CONFERENCE
MESSAGE SENATE SENT TO HOUSE
WITH PRESIDENT
PRESENTED TO PRESIDENT
Jun 20, 2000
ENACTED
SIGNED
Jun 30, 2000
ENACTED
LAW REGISTERED
Version
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Cost Estimates

2

Amendments

2
Amendment flow 0 merged from 0 voted amendments 0 terminal · 2 pending · 2 grouped below
0 passed 0 failed 0 ended