Editorial Notes

References in Text

This chapter, referred to in subsec. (c)(2)(B), was in the original “this Act”, meaning Pub. L. 106–229, June 30, 2000, 114 Stat. 464, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables.

For the effective date of this subchapter, referred to in subsec. (c)(5), see Effective Date note below.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 106–229, title I, § 107, June 30, 2000, 114 Stat. 473, provided that:

“(a)

In General.—

Except as provided in subsection (b), this title [enacting this subchapter] shall be effective on October 1, 2000.

“(b)

Exceptions.—

“(1)

Record retention.—

“(A)

In general.—

Subject to subparagraph (B), this title [enacting this subchapter] shall be effective on March 1, 2001, with respect to a requirement that a record be retained imposed by—

“(i)

a Federal statute, regulation, or other rule of law, or

“(ii)

a State statute, regulation, or other rule of law administered or promulgated by a State regulatory agency.

“(B)

Delayed effect for pending rulemakings.—

If on March 1, 2001, a Federal regulatory agency or State regulatory agency has announced, proposed, or initiated, but not completed, a rulemaking proceeding to prescribe a regulation under section 104(b)(3) [15 U.S.C. 7004(b)(3)] with respect to a requirement described in subparagraph (A), this title shall be effective on June 1, 2001, with respect to such requirement.

“(2)

Certain guaranteed and insured loans.—

With regard to any transaction involving a loan guarantee or loan guarantee commitment (as those terms are defined in section 502 of the Federal Credit Reform Act of 1990 [2 U.S.C. 661a]), or involving a program listed in the Federal Credit Supplement, Budget of the United States, FY 2001, this title applies only to such transactions entered into, and to any loan or mortgage made, insured, or guaranteed by the United States Government thereunder, on and after one year after the date of enactment of this Act [June 30, 2000].

“(3)

Student loans.—

With respect to any records that are provided or made available to a consumer pursuant to an application for a loan, or a loan made, pursuant to title IV of the Higher Education Act of 1965 [20 U.S.C. 1070 et seq.], section 101(c) of this Act [15 U.S.C. 7001(c)] shall not apply until the earlier of—

“(A)

such time as the Secretary of Education publishes revised promissory notes under section 432(m) of the Higher Education Act of 1965 [20 U.S.C. 1082(m)]; or

“(B)

one year after the date of enactment of this Act [June 30, 2000].”

Short Title

Pub. L. 106–229, § 1, June 30, 2000, 114 Stat. 464, provided that: “This Act [enacting this chapter and amending provisions set out as a note under section 231 of Title 47, Telecommunications] may be cited as the ‘Electronic Signatures in Global and National Commerce Act’.”