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15 U.S.C. § 7004 — Applicability to Federal and State governments
Federal law — U.S. Code and appendices · legal_authorities
**(a) Filing and access requirements** Subject to subsection (c)(2), nothing in this subchapter limits or supersedes any requirement by a Federal regulatory agency, self-regulatory organization, or State regulatory agency that records be filed with such agency or organization in accordance with specified standards or formats.
**(b) Preservation of existing rulemaking authority**
(1) **Use of authority to interpret** — Subject to paragraph (2) and subsection (c), a Federal regulatory agency or State regulatory agency that is responsible for rulemaking under any other statute may interpret [section 7001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7001&num=0&edition=prelim) with respect to such statute through—
(A) the issuance of regulations pursuant to a statute; or
(B) to the extent such agency is authorized by statute to issue orders or guidance, the issuance of orders or guidance of general applicability that are publicly available and published (in the Federal Register in the case of an order or guidance issued by a Federal regulatory agency).
This paragraph does not grant any Federal regulatory agency or State regulatory agency authority to issue regulations, orders, or guidance pursuant to any statute that does not authorize such issuance.
(2) **Limitations on interpretation authority** — Notwithstanding paragraph (1), a Federal regulatory agency shall not adopt any regulation, order, or guidance described in paragraph (1), and a State regulatory agency is preempted by [section 7001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7001&num=0&edition=prelim) from adopting any regulation, order, or guidance described in paragraph (1), unless—
(A) such regulation, or
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Source file: Laws/federal/codes/united-states-code/title-15/section-7004-applicability-to-federal-and-state-governments--f46518bfe3.md
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Source location: Title 15, Chapter 96, § 7004; chapter-096-electronic-signatures-in-global-and-national-commerce.md
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**(a) Filing and access requirements** Subject to subsection (c)(2), nothing in this subchapter limits or supersedes any requirement by a Federal regulatory agency, self-regulatory organization, or State regulatory agency that records be filed with such agency or organization in accordance with specified standards or formats.
**(b) Preservation of existing rulemaking authority**
(1) **Use of authority to interpret** — Subject to paragraph (2) and subsection (c), a Federal regulatory agency or State regulatory agency that is responsible for rulemaking under any other statute may interpret [section 7001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7001&num=0&edition=prelim) with respect to such statute through—
(A) the issuance of regulations pursuant to a statute; or
(B) to the extent such agency is authorized by statute to issue orders or guidance, the issuance of orders or guidance of general applicability that are publicly available and published (in the Federal Register in the case of an order or guidance issued by a Federal regulatory agency).
This paragraph does not grant any Federal regulatory agency or State regulatory agency authority to issue regulations, orders, or guidance pursuant to any statute that does not authorize such issuance.
(2) **Limitations on interpretation authority** — Notwithstanding paragraph (1), a Federal regulatory agency shall not adopt any regulation, order, or guidance described in paragraph (1), and a State regulatory agency is preempted by [section 7001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7001&num=0&edition=prelim) from adopting any regulation, order, or guidance described in paragraph (1), unless—
(A) such regulation, order, or guidance is consistent with [section 7001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7001&num=0&edition=prelim);
(B) such regulation, order, or guidance does not add to the requirements of such section; and
(C) such agency finds, in connection with the issuance of such regulation, order, or guidance, that—
(i) there is a substantial justification for the regulation, order, or guidance;
(ii) the methods selected to carry out that purpose—
(I) are substantially equivalent to the requirements imposed on records that are not electronic records; and
(II) will not impose unreasonable costs on the acceptance and use of electronic records; and
(iii) the methods selected to carry out that purpose do not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification for performing the functions of creating, storing, generating, receiving, communicating, or authenticating electronic records or electronic signatures.
(3) **Performance standards**
(A) *Accuracy, record integrity, accessibility* — Notwithstanding paragraph (2)(C)(iii), a Federal regulatory agency or State regulatory agency may interpret [section 7001(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7001/d&num=0&edition=prelim) to specify performance standards to assure accuracy, record integrity, and accessibility of records that are required to be retained. Such performance standards may be specified in a manner that imposes a requirement in violation of paragraph (2)(C)(iii) if the requirement (i) serves an important governmental objective; and (ii) is substantially related to the achievement of that objective. Nothing in this paragraph shall be construed to grant any Federal regulatory agency or State regulatory agency authority to require use of a particular type of software or hardware in order to comply with [section 7001(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7001/d&num=0&edition=prelim).
(B) *Paper or printed form* — Notwithstanding subsection (c)(1), a Federal regulatory agency or State regulatory agency may interpret [section 7001(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7001/d&num=0&edition=prelim) to require retention of a record in a tangible printed or paper form if—
(i) there is a compelling governmental interest relating to law enforcement or national security for imposing such requirement; and
(ii) imposing such requirement is essential to attaining such interest.
(4) **Exceptions for actions by government as market participant** — Paragraph (2)(C)(iii) shall not apply to the statutes, regulations, or other rules of law governing procurement by the Federal or any State government, or any agency or instrumentality thereof.
**(c) Additional limitations**
(1) **Reimposing paper prohibited** — Nothing in subsection (b) (other than paragraph (3)(B) thereof) shall be construed to grant any Federal regulatory agency or State regulatory agency authority to impose or reimpose any requirement that a record be in a tangible printed or paper form.
(2) **Continuing obligation under Government Paperwork Elimination Act** — Nothing in subsection (a) or (b) relieves any Federal regulatory agency of its obligations under the Government Paperwork Elimination Act (title XVII of Public Law 105–277).
**(d) Authority to exempt from consent provision**
(1) **In general** — A Federal regulatory agency may, with respect to matter within its jurisdiction, by regulation or order issued after notice and an opportunity for public comment, exempt without condition a specified category or type of record from the requirements relating to consent in [section 7001(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7001/c&num=0&edition=prelim) if such exemption is necessary to eliminate a substantial burden on electronic commerce and will not increase the material risk of harm to consumers.
(2) **Prospectuses** — Within 30 days after June 30, 2000, the Securities and Exchange Commission shall issue a regulation or order pursuant to paragraph (1) exempting from [section 7001(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7001/c&num=0&edition=prelim) any records that are required to be provided in order to allow advertising, sales literature, or other information concerning a security issued by an investment company that is registered under the Investment Company Act of 1940 [[15 U.S.C. 80a–1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section80a-1&num=0&edition=prelim) et seq.], or concerning the issuer thereof, to be excluded from the definition of a prospectus under [section 77b(a)(10)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section77b/a/10/A&num=0&edition=prelim).
**(e) Electronic letters of agency** The Federal Communications Commission shall not hold any contract for telecommunications service or letter of agency for a preferred carrier change, that otherwise complies with the Commission’s rules, to be legally ineffective, invalid, or unenforceable solely because an electronic record or electronic signature was used in its formation or authorization.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Notwithstanding any statute, regulation, or other rule of law (other than this subchapter and subchapter II), with respect to any transaction in or affecting interstate or foreign commerce—
(1) a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form; and
(2) a contract relating to such transaction may not be denied legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation.
**(b) Preservation of rights and obligations** This subchapter does not—
(1) limit, alter, or otherwise affect any requirement imposed by a statute, regulation, or rule of law relating to the rights and obligations of persons under such statute, regulation, or rule of law other than a requirement that contracts or other records be written, signed, or in nonelectronic form; or
(2) require any person to agree to use or accept electronic records or electronic signatures, other than a governmental agency with respect to a record other than a contract to which it is a party.
**(c) Consumer disclosures**
(1) **Consent to electronic records** — Notwithstanding subsection (a), if a statute, regulation, or other rule of law requires that information relating to a transaction or transactions in or affecting interstate or foreign commerce be provided or made available to a consumer in writing, the use of an electronic record to provide or make available (whichever is required) such information satisfies the requirement that such information be in writing if—
(A) the consumer has affirmatively consented to such use and has not withdrawn such consent;
(B) the consumer, prior to consenting, is provided wi
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Director shall oversee the use of information resources to improve the efficiency and effectiveness of governmental operations to serve agency missions, including burden reduction and service delivery to the public. In performing such oversight, the Director shall—
(A) develop, coordinate and oversee the implementation of Federal information resources management policies, principles, standards, and guidelines; and
(B) provide direction and oversee—
(i) the review and approval of the collection of information and the reduction of the information collection burden;
(ii) agency dissemination of and public access to information;
(iii) statistical activities;
(iv) records management activities;
(v) privacy, confidentiality, security, disclosure, and sharing of information; and
(vi) the acquisition and use of information technology, including alternative information technologies that provide for electronic submission, maintenance, or disclosure of information as a substitute for paper and for the use and acceptance of electronic signatures.
(2) The authority of the Director under this subchapter shall be exercised consistent with applicable law.
**(b)** With respect to general information resources management policy, the Director shall—
(1) develop and oversee the implementation of uniform information resources management policies, principles, standards, and guidelines;
(2) foster greater sharing, dissemination, and access to public information, including through—
(A) the use of comprehensive data inventories and the Federal data catalogue under section 3511; and
(B) the development and utilization of common standards for information collection, storage, processing and communication, including standards for securi
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Federal law — U.S. Code and appendices · legal_authorities
Page 2307
TITLE 15—COMMERCE AND TRADE
§ 7004
(1) a statute, regulation, or other rule of law
governing the creation and execution of wills,
codicils, or testamentary trusts;
(2) a State statute, regulation, or other rule
of law governing adoption, divorce, or other
matters of family law; or
(3) the Uniform Commercial Code, as in ef-
fect in any State, other than sections 1–107
and 1–206 and Articles 2 and 2A.
(b) Additional exceptions
The provisions of section 7001 of this title
shall not apply to—
(1) court orders or notices, or official court
documents (including briefs, pleadings, and
other writings) required to be executed in con-
nection with court proceedings;
(2) any notice of—
(A) the cancellation or termination of util-
ity services (including water, heat, and
power);
(B)
default,
acceleration,
repossession,
foreclosure, or eviction, or the right to cure,
under a credit agreement secured by, or a
rental agreement for, a primary residence of
an individual;
(C) the cancellation or termination of
health insurance or benefits or life insurance
benefits (excluding annuities); or
(D) recall of a product, or material failure
of a product, that risks endangering health
or safety; or
(3) any document required to accompany any
transportation or handling of hazardous mate-
rials, pesticides, or other toxic or dangerous
materials.
(c) Review of exceptions
(1) Evaluation required
The Secretary of Commerce, acting through
the Assistant Secretary for Communications
and Information, shall review the operation of
the exceptions in subsections (a) and (b) to
evaluate, over a period of 3 years, whether
such exceptions continue to be necessary for
the protection of consumers. Within 3 years
after June 30, 2000, the Assistant Secretary
shall
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