15 U.S.C. § 7031 — Principles governing the use of electronic

Page 2310 TITLE 15—COMMERCE AND TRADE § 7031 A transferable record may be executed using an electronic signature. (2) Other definitions The terms ‘‘electronic record’’, ‘‘electronic signature’’, and ‘‘person’’ have the same mean- ings provided in section 7006 of this title. (b) Control A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably es- tablishes that person as the person to which the transferable record was issued or transferred. (c) Conditions A system satisfies subsection (b), and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that— (1) a single authoritative copy of the trans- ferable record exists which is unique, identifi- able, and, except as otherwise provided in paragraphs (4), (5), and (6), unalterable; (2) the authoritative copy identifies the per- son asserting control as— (A) the person to which the transferable record was issued; or (B) if the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred; (3) the authoritative copy is communicated to and maintained by the person asserting control or its designated custodian; (4) copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the per- son asserting control; (5) each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and (6) any revision of the authoritative copy is readily identifiable as authorized or unauthor- ized. (d) Status as holder Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in section 1–201(20) of the Uniform Com- mercial Code, of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the Uniform Commercial Code, including, if the applicable statutory requirements under section 3–302(a), 9–308, or revised section 9–330 of the Uniform Commercial Code are satisfied, the rights and defenses of a holder in due course or a pur- chaser, respectively. Delivery, possession, and endorsement are not required to obtain or exer- cise any of the rights under this subsection. (e) Obligor rights Except as otherwise agreed, an obligor under a transferable record has the same rights and de- fenses as an equivalent obligor under equivalent records or writings under the Uniform Commer- cial Code. (f) Proof of control If requested by a person against which en- forcement is sought, the person seeking to en- force the transferable record shall provide rea- sonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to es- tablish the identity of the person having control of the transferable record. (g) UCC references For purposes of this subsection, all references to the Uniform Commercial Code are to the Uni- form Commercial Code as in effect in the juris- diction the law of which governs the transfer- able record. (Pub. L. 106–229, title II, § 201, June 30, 2000, 114 Stat. 473.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 106–229, title II, § 202, June 30, 2000, 114 Stat. 475, provided that: ‘‘This title [enacting this sub- chapter] shall be effective 90 days after the date of en- actment of this Act [June 30, 2000].’’ SUBCHAPTER III—PROMOTION OF INTERNATIONAL ELECTRONIC COMMERCE § 7031. Principles governing the use of electronic signatures in international transactions (a) Promotion of electronic signatures (1) Required actions The Secretary of Commerce shall promote the acceptance and use, on an international basis, of electronic signatures in accordance with the principles specified in paragraph (2) and in a manner consistent with section 7001 of this title. The Secretary of Commerce shall take all actions necessary in a manner con- sistent with such principles to eliminate or re- duce, to the maximum extent possible, the im- pediments to commerce in electronic signa- tures, for the purpose of facilitating the devel- opment of interstate and foreign commerce. (2) Principles The principles specified in this paragraph are the following: (A) Remove paper-based obstacles to elec- tronic transactions by adopting relevant principles from the Model Law on Electronic Commerce adopted in 1996 by the United Na- tions Commission on International Trade Law. (B) Permit parties to a transaction to de- termine the appropriate authentication technologies and implementation models for their transactions, with assurance that those technologies and implementation mod- els will be recognized and enforced. (C) Permit parties to a transaction to have the opportunity to prove in court or other proceedings that their authentication ap- proaches and their transactions are valid. (D) Take a nondiscriminatory approach to electronic signatures and authentication methods from other jurisdictions. (b) Consultation In conducting the activities required by this section, the Secretary shall consult with users Page 2311 TITLE 15—COMMERCE AND TRADE § 7101 and providers of electronic signature products and services and other interested persons. (c) Definitions As used in this section, the terms ‘‘electronic record’’ and ‘‘electronic signature’’ have the same meanings provided in section 7006 of this title. (Pub. L. 106–229, title III, § 301, June 30, 2000, 114 Stat. 475.) CHAPTER 97—WOMEN’S BUSINESS ENTERPRISE DEVELOPMENT Sec. 7101. Establishment of the Interagency Committee. 7102. Duties of the Interagency Committee. 7103. Membership of the Interagency Committee. 7104. Reports from the Interagency Committee. 7105. Establishment of the National Women’s Busi- ness Council. 7106. Duties of the Council. 7107. Membership of the Council. 7108. Definitions. 7109. Studies and other research. 7110. Authorization of appropriations. Editorial Notes CODIFICATION This chapter is comprised of title IV of Pub. L. 100–533, as added by Pub. L. 103–403, title IV, § 413, Oct. 22, 1994, 108 Stat. 4193, and amended. Title IV of Pub. L. 100–533 was formerly set out as a note under section 631 of this title. § 7101. Establishment of the Interagency Com- mittee There is established an interagency committee to be known as the Interagency Committee on Women’s Business Enterprise. (Pub. L. 100–533, title IV, § 401, as added Pub. L. 103–403, title IV, § 413, Oct. 22, 1994, 108 Stat. 4193.) Editorial Notes PRIOR PROVISIONS A prior section 401 of Pub. L. 100–533, title IV, Oct. 25, 1988, 102 Stat. 2694, related to the establishment of the National Women’s Business Council, prior to the gen- eral amendment of title IV of Pub. L. 100–533 by Pub. L. 103–403. See section 7105 of this title. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–554, § 1(a)(9) [title VII, § 701], Dec. 21, 2000, 114 Stat. 2763, 2763A–701, provided that: ‘‘This title [amending sections 7107, 7109, and 7110 of this title and repealing former section 7109 of this title] may be cited as the ‘National Women’s Business Council Reauthor- ization Act of 2000’.’’ Executive Documents EX. ORD. NO. 12138. NATIONAL WOMEN’S BUSINESS ENTER- PRISE POLICY AND NATIONAL PROGRAM FOR WOMEN’S BUSINESS ENTERPRISE Ex. Ord. No. 12138, May 18, 1979, 44 F.R. 29637, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: In response to the findings of the Interagency Task Force on Women Business Owners and congressional findings that recognize: 1. the significant role which small business and women entrepreneurs can play in promoting full em- ployment and balanced growth in our economy; 2. the many obstacles facing women entrepreneurs; and 3. the need to aid and stimulate women’s business en- terprise; By the authority vested in me as President of the United States of America, in order to create a National Women’s Business Enterprise Policy and to prescribe arrangements for developing, coordinating and imple- menting a national program for women’s business en- terprise, it is ordered as follows: 1–1. RESPONSIBILITIES OF THE FEDERAL DEPARTMENTS AND AGENCIES 1–101. Within the constraints of statutory authority and as otherwise permitted by law: (a) Each department and agency of the Executive Branch shall take appropriate action to facilitate, pre- serve and strengthen women’s business enterprise and to ensure full participation by women in the free enter- prise system. (b) Each department and agency shall take affirma- tive action in support of women’s business enterprise in appropriate programs and activities including but not limited to: (1) management, technical, financial and procure- ment assistance, (2) business-related education, training, counseling and information dissemination, and (3) procurement. (c) Each department or agency empowered to extend Federal financial assistance to any program or activity shall issue regulations requiring the recipient of such assistance to take appropriate affirmative action in support of women’s business enterprise and to prohibit actions or policies which discriminate against women’s business enterprise on the ground of sex. For purposes of this subsection, Federal financial assistance means assistance extended by way of grant, cooperative agree- ment, loan or contract other than a contract of insur- ance or guaranty. These regulations shall prescribe sanctions for noncompliance. Unless otherwise speci- fied by law, no agency sanctions shall be applied until the agency or department concerned has advised the appropriate person or persons of the failure to comply with its regulations and has determined that compli- ance cannot be secured by voluntary means. 1–102. For purposes of this Order, affirmative action may include, but is not limited to, creating or sup- porting new programs responsive to the special needs of women’s business enterprise, establishing incentives to promote business or business-related opportunities for women’s business enterprise, collecting and dissemi- nating information in support of women’s business en- terprise, and insuring to women’s business enterprise knowledge of and ready access to business-related serv- ices and resources. If, in implementing this Order, an agency undertakes to use or to require compliance with numerical set-asides, or similar measures, it shall state the purpose of such measure, and the measure shall be designed on the basis of pertinent factual findings of discrimination against women’s business enterprise and the need for such measure. 1–103. In carrying out their responsibilities under Sec- tion 1–1, the departments and agencies shall consult the Department of Justice, and the Department of Jus- tice shall provide legal guidance concerning these re- sponsibilities. 1–2. ESTABLISHMENT OF THE INTERAGENCY COMMITTEE ON WOMEN’S BUSINESS ENTERPRISE 1–201. To help insure that the actions ordered above are carried out in an effective manner, I hereby estab- lish the Interagency Committee on Women’s Business Enterprise (hereinafter called the Committee). 1–202. The Chairperson of the Committee (hereinafter called the Chairperson) shall be appointed by the Presi-