Home > 106th Congressional Bills > S. 762 (es) To direct the Secretary of the Interior to conduct a special resource [Engrossed in Senate] ...

S. 762 (es) To direct the Secretary of the Interior to conduct a special resource [Engrossed in Senate] ...

Web GovRecords.org

                                                       Calendar No. 243


  1st Session

                                 S. 761

                          [Report No. 106-131]


                                 A BILL

 To regulate interstate commerce by electronic means by permitting and 
encouraging the continued expansion of electronic commerce through the 
          operation of free market forces, and other purposes.


                             July 30, 1999

        Reported with an amendment in the nature of a substitute
                                                       Calendar No. 243
  1st Session
                                 S. 761

                          [Report No. 106-131]

 To regulate interstate commerce by electronic means by permitting and 
encouraging the continued expansion of electronic commerce through the 
          operation of free market forces, and other purposes.



                             March 25, 1999

 Mr. Abraham (for himself, Mr. McCain, Mr. Wyden, Mr. Burns, Mr. Lott, 
 Mr. Allard, Mr. Torricelli, Mr. Grams, Mr. Brownback, Mr. Frist, Mr. 
 Hagel, and Mr. Gorton) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 

                             July 30, 1999

Reported by Mr. McCain, with an amendment in the nature of a substitute
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]


                                 A BILL

 To regulate interstate commerce by electronic means by permitting and 
encouraging the continued expansion of electronic commerce through the 
          operation of free market forces, and other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,


<DELETED>    This Act may be cited as the ``Third Millennium Electronic 
Commerce Act''.</DELETED>


<DELETED>    The Congress makes the following findings:</DELETED>
        <DELETED>    (1) The growth of electronic commerce and 
        electronic government transactions represent a powerful force 
        for economic growth, consumer choice, improved civic 
        participation and wealth creation.</DELETED>
        <DELETED>    (2) The promotion of growth in private sector 
        electronic commerce through Federal legislation is in the 
        national interest because that market is globally important to 
        the United States.</DELETED>
        <DELETED>    (3) A consistent legal foundation, across multiple 
        jurisdictions, for electronic commerce will promote the growth 
        of such transactions, and that such a foundation should be 
        based upon a simple, technology neutral, non-regulatory, and 
        market-based approach.</DELETED>
        <DELETED>    (4) The Nation and the world stand at the 
        beginning of a large scale transition to an information society 
        which will require innovative legal and policy approaches, and 
        therefore, States can serve the national interest by continuing 
        their proven role as laboratories of innovation for quickly 
        evolving areas of public policy, provided that States also 
        adopt a consistent, minimalist national baseline to eliminate 
        obsolete barriers to electronic commerce such as undue paper 
        and pen requirements, and further, that any such innovation 
        should not unduly burden inter-jurisdictional 
        <DELETED>    (5) To the extent State laws or regulations in 
        fact create an undue burden to interstate commerce in the 
        important burgeoning area of electronic commerce, the national 
        interest is best served by Federal preemption to the extent 
        necessary to eliminate said burden, but that absent such 
        burdens, the best legal system for electronic commerce will 
        result from continuing experimentation by individual 
        <DELETED>    (6) With due regard to the fundamental need for 
        adequate consistency, each jurisdiction that enacts such laws 
        should have the right to determine the need for any exceptions 
        to protect consumers and maintain consistency with existing 
        related bodies of law within a particular 
        <DELETED>    (7) Industry has developed several electronic 
        signature technologies for use in electronic transactions, and 
        the public policies of the United States should serve to 
        promote a dynamic marketplace within which these technologies 
        can compete. Consistent with this Act, States should permit the 
        use and development of any authentication technologies that are 
        appropriate as practicable as between private parties and in 
        use with State agencies.</DELETED>


<DELETED>    The purposes of this Act are--</DELETED>
        <DELETED>    (1) to permit and encourage the continued 
        expansion of electronic commerce through the operation of free 
        market forces rather than proscriptive governmental mandates 
        and regulations;</DELETED>
        <DELETED>    (2) to promote public confidence in the validity, 
        integrity and reliability of electronic commerce and online 
        government under Federal law;</DELETED>
        <DELETED>    (3) to facilitate and promote electronic commerce 
        by clarifying the legal status of electronic records and 
        electronic signatures in the context of writing and signing 
        requirements imposed by law; and</DELETED>
        <DELETED>    (4) to promote the development of a consistent 
        national legal infrastructure necessary to support of 
        electronic commerce at the Federal and State levels within 
        existing areas of jurisdiction.</DELETED>


<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Electronic.--The term ``electronic'' means of 
        or relating to technology having electrical, digital, magnetic, 
        wireless, optical, electromagnetic, or similar 
        <DELETED>    (2) Electronic record.--The term ``electronic 
        record'' means a record created, stored, generated, received, 
        or communicated by electronic means.</DELETED>
        <DELETED>    (3) Electronic signature.--The term ``electronic 
        signature'' means a signature in electronic form, attached to 
        or logically associated with an electronic record.</DELETED>
        <DELETED>    (4) Governmental agency.--The term ``governmental 
        agency'' means an executive, legislative, or judicial agency, 
        department, board, commission, authority, institution, or 
        instrumentality of the Federal Government or of a State or of 
        any county, municipality, or other political subdivision of a 
        <DELETED>    (5) Record.--The term ``record'' means information 
        that is inscribed on a tangible medium or that is stored in an 
        electronic or other medium and is retrievable in perceivable 
        <DELETED>    (6) Sign.--The term ``sign'' means to execute or 
        adopt a signature.</DELETED>
        <DELETED>    (7) Signature.--The term ``signature'' means any 
        symbol, sound, or process executed or adopted by a person with 
        intent to authenticate a record.</DELETED>
        <DELETED>    (8) Transaction.--The term ``transaction'' means 
        an action or set of actions occurring between 2 or more persons 
        relating to the conduct of commerce.</DELETED>


<DELETED>    (a) In General.--To the extent practicable, the Federal 
Government shall observe the following principles in an international 
context to enable commercial electronic transaction:</DELETED>
        <DELETED>    (1) Remove paper-based obstacles to electronic 
        transactions by adopting relevant principles from the Model Law 
        on Electronic Commerce adopted in 1996 by the United Nations 
        Commission on International Trade Law (UNCITRAL).</DELETED>
        <DELETED>    (2) Permit parties to a transaction to determine 
        the appropriate authentication technologies and implementation 
        models for their transactions, with assurance that those 
        technologies and implementation models will be recognized and 
        <DELETED>    (3) Permit parties to a transaction to have the 
        opportunity to prove in court or other proceedings that their 
        authentication approaches and their transactions are 
        <DELETED>    (4) Take a non-discriminatory approach to 
        electronic signatures and authentication methods from other 


<DELETED>    (a) Interstate Commercial Contracts.--A contract relating 
to an interstate transaction shall not be denied legal effect solely 
because an electronic signature or electronic record was used in its 
<DELETED>    (b) Methods.--Notwithstanding any rule of law that 
specifies one or more acceptable or required technologies or business 
models, including legal or other procedures, necessary to create, use, 
receive, validate, or invalidate electronic signatures or electronic 
records, the parties to an interstate transaction may establish by 
contract, electronically or otherwise, such technologies or business 
models, including legal or other procedures to create, use, receive, 
validate, or invalidate electronic signatures and electronic 
<DELETED>    (c) Not Preempt State Law.-- Nothing in this section shall 
be construed to preempt the law of a State that enacts legislation 
governing electronic transactions which is substantially similar to, 
and not inconsistent with, subsections (a) and (b). A State that enacts 
uniform electronic transactions legislation substantially as reported 
to State legislatures by the National Conference of Commissioners on 
Uniform State Law shall be deemed to have satisfied this 
<DELETED>    (d) Intent.--The intent of a person to execute or adopt an 
electronic signature shall be determined from the context and 
surrounding circumstances, which may include accepted commercial 


<DELETED>    (a) Establishment of Commission.--There is established a 
commission to be known as the Advisory Commission on Electronic 
Authentication (in this section referred to as the ``Commission''). The 
Commission shall--</DELETED>
        <DELETED>    (1) be composed of 17 members appointed in 
        accordance with subsection (b), including the chairperson who 
        shall be selected by the members of the Commission from among 
        themselves; and</DELETED>
        <DELETED>    (2) conduct its business in accordance with the 
        provisions of this section.</DELETED>
<DELETED>    (b) Membership.--</DELETED>
        <DELETED>    (1) In general.--The Commissioners shall serve for 
        the life of the Commission. The membership of the Commission 
        shall be as follows:</DELETED>
                <DELETED>    (A) 3 representatives from the Federal 
                Government, comprised of the Secretary of Commerce, the 
                Secretary of the Treasury, and the United States Trade 
                Representative (or their respective 
                <DELETED>    (B) 4 representatives from State and local 
                <DELETED>    (C) 10 representatives of the electronic 
                commerce industry (including small business), banks and 
                other financial service companies, and consumer groups, 
                comprised of--</DELETED>
                        <DELETED>    (i) 3 individuals appointed by the 
                        Majority Leader of the Senate;</DELETED>
                        <DELETED>    (ii) 2 individuals appointed by 
                        the Minority Leader of the Senate;</DELETED>
                        <DELETED>    (iii) 3 individuals appointed by 
                        the Speaker of the House of Representatives; 
                        <DELETED>    (iv) 2 individuals appointed by 
                        the Minority Leader of the House of 
        <DELETED>    (2) Appointments.--Appointments to the Commission 
        shall be made not later than 45 days after the date of the 
        enactment of this Act. The chairperson shall be selected not 
        later than 60 days after the date of the enactment of this 
        <DELETED>    (3) Vacancies.--Any vacancy in the Commission 
        shall not affect its powers, but shall be filled in the same 
        manner as the original appointment.</DELETED>
<DELETED>    (c) Other Resources.--The Commission shall have reasonable 
access to materials, resources, data, and other information from the 
Department of Justice, the Department of Commerce, the Department of 
State, the Department of the Treasury, and the Office of the United 
States Trade Representative. The Commission shall also have reasonable 
access to use the facilities of any such Department or Office for 
purposes of conducting meetings.</DELETED>
<DELETED>    (d) Sunset.--The Commission shall terminate 12 months 
after the date of the enactment of this Act.</DELETED>
<DELETED>    (e) Duties of the Commission.--The Commission shall 
conduct a thorough study of electronic authentication systems, 
including third-party verification systems, in the transacting of 
contractual agreements, the use of such systems in electronic commerce 
today, and the role of the electronic commerce industry, the Federal 
Government, and the States in such a system.</DELETED>


<DELETED>    (a) Barriers.--Each Federal agency shall, not later than 6 
months after the date of enactment of this Act, provide a report to the 
Director of the Office of Management and Budget and the Secretary of 
Commerce identifying any provision of law administered by such agency, 
or any regulations issued by such agency and in effect on the date of 
enactment of this Act, that may impose a barrier to electronic 

Pages: 1 2 Next >>

Other Popular 106th Congressional Bills Documents:

1 H.R. 2498 (ih) To amend the Public Health Service Act to provide for recommendations [Introduced in House] ...
2 S. 938 (rs) To eliminate restrictions on the acquisition of certain land contiguous to Hawaii Volcanoes National Park, and for other purposes. [Reported in Senate] ...
3 H.R. 1478 (ih) To amend the Civil Rights Act of 1964 to protect breastfeeding by new mothers. [Introduced in House] ...
4 H.R. 5036 (enr) To amend the Dayton Aviation Heritage Preservation Act of 1992 to clarify the areas included in the Dayton Aviation Heritage National Historical Park and to authorize appropriations for that park. [Enrolled bill] ...
5 H.R. 4489 (rds) To amend section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and for other purposes. [Received in the Senate] ...
6 H.R. 3384 (ih) To strengthen provisions in the Energy Policy Act of 1992 with respect to potential Climate Change. [Introduced in House] ...
7 S. 438 (ris) To provide for the settlement of the water rights claims of the Chippewa Cree Tribe of the Rocky Boy's Reservation, and for other purposes. [Referral Instructions Senate] ...
8 S.Con.Res. 162 (ats) To direct the Clerk of the House of Representatives to make a correction in the enrollment of H.R. 4577. [Agreed to Senate] ...
9 H.Res. 583 (eh) [Engrossed in House] ...
10 H.R. 4866 (ih) To provide for reconciliation pursuant to section 103(b)(1) of the concurrent resolution on the budget for fiscal year 2001 to reduce the public debt and to decrease the statutory limit on the public debt. [Introduced in House] %%Filename:...
11 S. 1652 (rs) To designate the Old Executive Office Building located at 17th Street and Pennsylvania Avenue, NW, in Washington, District of Columbia, as the Dwight D. Eisenhower Executive Office Building. [Reported in Senate] ...
12 S. 55 (is) To amend the Internal Revenue Code of 1986 to limit the tax rate for certain small businesses, and for other purposes. [Introduced in Senate] ...
13 H.Res. 300 (rh) Waiving a requirement of clause 6(a) of rule XIII with respect to consideration of certain resolutions reported from the Committee on Rules. [Reported in House] ...
14 H.R. 5545 (ih) To provide for reauthorization of small business loan and other programs, and for other purposes. [Introduced in House] ...
15 H.J.Res. 34 (pcs) Congratulating and commending the Veterans of Foreign Wars. [Placed on Calendar Senate] ...
16 H.J.Res. 63 (ih) Proposing an amendment to the Constitution of the United States relating to the legal effect of certain treaties and other international agreements. [Introduced in House] ...
17 S. 397 (is) To authorize the Secretary of Energy to establish a multiagency program [Introduced in Senate] ...
18 S. 2457 (is) To amend section 2667 of title 10, United States Code, to permit receipt of in-kind consideration anywhere on an installation for the lease of property on the installation, and for other purposes. [Introduced in Senate] ...
19 H.R. 1256 (ih) To amend the Securities Exchange Act of 1934 to provide for an annual limit on the amount of certain fees which may be collected by the Securities and Exchange Commission. [Introduced in House] ...
20 H.R. 2462 (eh) To amend the Organic Act of Guam, and for other purposes. [Engrossed in House] ...
21 H.Res. 138 (eh) [Engrossed in House] ...
22 S.J.Res. 12 (is) Authorizing the conduct of air operations and missile strikes as part of a larger NATO operation against the Federal Republic of Yugoslavia (Serbia and Montenegro). [Introduced in Senate] ...
23 S. 1402 (eas) [Engrossed Amendment Senate] ...
24 H.R. 4925 (ih) To amend the Internal Revenue Code of 1986 to allow more equitable and direct tax relief for health insurance and medical care expenses, to give Americans more options for obtaining quality health care, and to expand insurance coverage to t...
25 H.R. 1855 (ih) To exempt agreements relating to voluntary guidelines governing telecast material, movies, video games, Internet content, and music lyrics from the applicability of the antitrust laws. [Introduced in House] ...
26 H.R. 3239 (ih) To require any organization that is established for the purpose of raising funds for the creation of a Presidential archival depository to disclose the sources and amounts of any funds raised. [Introduced in House] ...
27 H.R. 5117 (ih) To amend the Internal Revenue Code of 1986 to clarify the allowance of the child credit, the deduction for personal exemptions, and the earned income credit for missing children, and for other purposes. [Introduced in House] ...
28 H.Res. 112 (ih) Congratulating the Government and the people of the Republic of El Salvador on successfully completing free and democratic elections on March 7, 1999. [Introduced in House] ...
29 H.R. 3985 (ih) To designate the facility of the United States Postal Service located at 14900 Southwest 30th Street in Miramar City, Florida, as the ``Vicki Coceano Post Office Building''. [Introduced in House] ...
30 S. 3027 (is) To authorize the Secretary of Agriculture to purchase and transfer certain land. [Introduced in Senate] ...

Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions


1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy