Electronic Signatures in Global and National Commerce Act
Read twice and referred to the Committee on Commerce.
Congressional Research Service
Official summary
Version 36 · Passed House amended · Nov 9, 1999
Electronic Signatures in Global and National Commerce Act - Title I: Validity of Electronic Records and Signatures for Commerce - Prohibits a rule of law from denying the legal effect of certain instruments of electronic commerce on the ground that: (1) they are not in writing, if they are electronic records; or (2) they are not signed or affirmed by a signature, if they have been signed or affirmed by electronic signature.(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.
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.
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.
The previous question was ordered pursuant to the rule.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1714.
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.
DEBATE - Pursuant to H. Res. 366, the Committee is debating the amendment offered by Mr. Inslee for thirty minutes.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1714.
The Speaker designated the Honorable Henry Bonilla to act as Chairman of the Committee.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 366 and Rule XXIII.
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.
Considered under the provisions of rule H. Res. 366. (consideration: CR H11732-11755, H11762-11763)
Rule H. Res. 366 passed House.
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.
Motion to reconsider laid on the table Agreed to without objection.
On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 234 - 122 (Roll no. 552).
Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 234 - 122 (Roll no. 552).
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
DEBATE - The House proceeded with forty minutes of debate on H.R. 1714.
Considered under suspension of the rules. (consideration: CR H11162-11170, H11178)
Mr. Bliley moved to suspend the rules and pass the bill, as amended.
Placed on the Union Calendar, Calendar No. 222.
Reported (Amended) by the Committee on Judiciary. H. Rept. 106-341, Part II.
Reported (Amended) by the Committee on Judiciary. H. Rept. 106-341, Part II.
Ordered to be Reported (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
Subcommittee Consideration and Mark-up Session Held.
Subcommittee Hearings Held.
Referred sequentially to the House Committee on the Judiciary for a period ending not later than Oct. 15, 1999 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(k), rule x.
Reported (Amended) by the Committee on Commerce. H. Rept. 106-341, Part I.
Reported (Amended) by the Committee on Commerce. H. Rept. 106-341, Part I.
Referred to the Subcommittee on Courts and Intellectual Property.
Ms. Pryce (OH) asked unanimous consent that the Committee on Commerce have until midnight on Sept. 7 to file a report on H.R. 1714. Agreed to without objection.
Ordered to be Reported in the Nature of a Substitute by Voice Vote.
Committee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
Subcommittee Consideration and Mark-up Session Held.
Subcommittee Hearings Held.
Subcommittee Hearings Held.
Referred to the Subcommittee on Finance and Hazardous Materials.
Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection.
Referred to the House Committee on Commerce.
Introduced in House
Introduced in House
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