,,ii ,calendar ,no4 #fch #aafth ,,congress #b;d ,session ,s4 #daei ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #b1 #bjbj,mr4 ,thune 7for himself1 ,mr4 ,moran1 ,mr4 ,young1 and ,mrs4 ,blackburn7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,december #ae1 #bjbj,reported by ,mr4 ,wicker1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to amend the ,electronic ,signatures in ,global and ,national ,commerce ,act to accommodate emerging technologies4 #a4 ,short title ,this ,act may be cited as the ,e-,,sign ,modernization ,act of #bjbj4 #b4 ,requirements for consent to electronic disclosures 7a7 ,in general ,title ,i of the ,electronic ,signatures in ,global and ,national ,commerce ,act 7#ae ,u4,s4,c4 #gjja et seq47 is amended-- 7#a7 in section #aja7;c7 7#ae ,u4,s4,c4 #gjja7;c77-- 7,a7 in paragraph 7#a71 by striking subparagraphs 7,c7 and 7,d7 and inserting the following3 7,c7 the consumer1 prior to consenting1 is provided with a statement of the hardware and software requirements for access to and retention of the electronic records2 and 7,d7 after the consent of a consumer in accordance with subparagraph 7,a71 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 consent1 the person providing the electronic record provides the consumer with a statement of-- 7i7 the revised hardware and software requirements for access to and retention of the electronic records2 and 7ii7 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 7,b77i74 2 7,b7 by striking paragraph 7#c72 and 7,c7 by redesignating paragraphs 7#d71 7#e71 and 7#f7 as paragraphs 7#c71 7#d71 and 7#e71 respectively2 and 7#b7 by striking section #aje 7#ae ,u4,s4,c4 #gjje74 7b7 ,rule of construction ,nothing in this section1 or the amendments made by this section1 may be construed as affecting the consent provided by any consumer under section #aja7;c7 of the ,electronic ,signatures in ,global and ,national ,commerce ,act 7#ae ,u4,s4,c4 #gjja7;c77 before the date of enactment of this ,act4 #a4 ,short title ,this ,act may be cited as the ,e-,,sign ,modernization ,act of #bjbj4 #b4 ,requirements for consent to electronic disclosures 7a7 ,in general ,title ,i of the ,electronic ,signatures in ,global and ,national ,commerce ,act 7#ae ,u4,s4,c4 #gjja et seq47 is amended-- 7#a7 in section #aja7;c7 7#ae ,u4,s4,c4 #gjja7;c77-- 7,a7 in paragraph 7#a71 by striking subparagraphs 7,c7 and 7,d7 and inserting the following3 7,c7 the consumer1 prior to consenting1 is provided with a statement of the hardware and software requirements for access to and retention of the electronic records2 and 7,d7 after the consent of a consumer in accordance with subparagraph 7,a71 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 consent1 the person providing the electronic record provides the consumer with a statement of-- 7i7 the revised hardware and software requirements for access to and retention of the electronic records2 and 7ii7 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 7,b77i74 2 7,b7 by striking paragraph 7#c72 and 7,c7 by redesignating paragraphs 7#d71 7#e71 and 7#f7 as paragraphs 7#c71 7#d71 and 7#e71 respectively2 7#b7 by striking section #aje 7#ae ,u4,s4,c4 #gjje72 and 7#c7 by redesignating sections #ajf and #ajg 7#ae ,u4,s4,c4 #gjjf1 #gjja note7 as sections #aje and #ajf1 respectively4 7b7 ,technical and conforming amendments 7#a7 ,economic ,growth1 ,regulatory ,relief1 and ,consumer ,protection ,act ,section #bae7;f77#b7 of the ,economic ,growth1 ,regulatory ,relief1 and ,consumer ,protection ,act 7#db ,u4,s4,c4 #dje;b7f77#b77 is amended by striking section #ajf of the ,electronic ,signatures in ,global and ,national ,commerce ,act 7#ae ,u4,s4,c4 #gjjf7 and inserting section #aje of the ,electronic ,signatures in ,global and ,national ,commerce ,act4 7#b7 ,electronic ,fund ,transfer ,act ,section #ibj7;g77#b77;,a7 of the ,electronic ,fund ,transfer ,act 7#ae ,u4,s4,c4 #afico-#a7;g77#b77;,a77 is amended by striking section #ajf7b7 of the ,electronic ,signatures in ,global and ,national ,commerce ,act 7#ae ,u4,s4,c4 #gjjf7b77 and inserting section #aje7b7 of the ,electronic ,signatures in ,global and ,national ,commerce ,act4 7#c7 ,electronic ,signatures in ,global and ,national ,commerce ,act ,the ,electronic ,signatures in ,global and ,national ,commerce ,act 7#ae ,u4,s4,c4 #gjja et seq47 is amended-- 7,a7 in section #bja7;a77#b7 7#ae ,u4,s4,c4 #gjba7;a77#b771 by striking section #ajf and inserting section #aje2 and 7,b7 in section #cja7;c7 7#ae ,u4,s4,c4 #gjca7;c771 by striking section #ajf and inserting section #aje4 7c7 ,rule of construction ,nothing in this section1 or the amendments made by this section1 may be construed as affecting the consent provided by any consumer under section #aja7;c7 of the ,electronic ,signatures in ,global and ,national ,commerce ,act 7#ae ,u4,s4,c4 #gjja7;c77 before the date of enactment of this ,act4 ,december #ae1 #bjbj,reported with an amendment