---
kind: "section"
citation: "15 U.S.C. § 7004"
title: "15"
title_heading: "Commerce and Trade"
number: "7004"
heading: "Applicability to Federal and State governments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/7004"
units:
  - "Chapter 96 — Electronic Signatures in Global and National Commerce"
  - "Subchapter I — Electronic Records and Signatures in Commerce"
---

# §7004. Applicability to Federal and State governments

- (a) **Filing and access requirements—** Subject to [subsection (c)(2)](#c-2), nothing in this subchapter limits or supersedes any [requirement](/usc/15/7006.md?p=10) by a [Federal regulatory agency](/usc/15/7006.md?p=6), [self-regulatory organization](/usc/15/7006.md?p=11), or [State](/usc/15/7006.md?p=12) regulatory agency that [records](/usc/15/7006.md?p=9) 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)](#b-2) and [subsection (c)](#c), a [Federal regulatory agency](/usc/15/7006.md?p=6) or [State](/usc/15/7006.md?p=12) regulatory agency that is responsible for rulemaking under any other statute may interpret [section 7001 of this title](/usc/15/7001.md) 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](/usc/15/7006.md?p=6)).

    This paragraph does not grant any [Federal regulatory agency](/usc/15/7006.md?p=6) or [State](/usc/15/7006.md?p=12) 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)](#b-1), a [Federal regulatory agency](/usc/15/7006.md?p=6) shall not adopt any regulation, order, or guidance described in [paragraph (1)](#b-1), and a [State](/usc/15/7006.md?p=12) regulatory agency is preempted by [section 7001 of this title](/usc/15/7001.md) from adopting any regulation, order, or guidance described in [paragraph (1)](#b-1), unless—
    - (A) such regulation, order, or guidance is consistent with [section 7001 of this title](/usc/15/7001.md);
    - (B) such regulation, order, or guidance does not add to the [requirements](/usc/15/7006.md?p=10) 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](/usc/15/7006.md?p=10) imposed on [records](/usc/15/7006.md?p=9) that are not [electronic records](/usc/15/7006.md?p=4); and
        - (II) will not impose unreasonable costs on the acceptance and use of [electronic records](/usc/15/7006.md?p=4); 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](/usc/15/7006.md?p=4) or [electronic signatures](/usc/15/7006.md?p=5).
  - (3) **Performance standards—**
    - (A) **Accuracy, record integrity, accessibility—** Notwithstanding [paragraph (2)(C)(iii)](#b-2-C-iii), a [Federal regulatory agency](/usc/15/7006.md?p=6) or [State](/usc/15/7006.md?p=12) regulatory agency may interpret [section 7001(d) of this title](/usc/15/7001.md?p=d) to specify performance standards to assure accuracy, [record](/usc/15/7006.md?p=9) integrity, and accessibility of [records](/usc/15/7006.md?p=9) that are required to be retained. Such performance standards may be specified in a manner that imposes a [requirement](/usc/15/7006.md?p=10) in violation of [paragraph (2)(C)(iii)](#b-2-C-iii) if the [requirement](/usc/15/7006.md?p=10) (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](/usc/15/7006.md?p=6) or [State](/usc/15/7006.md?p=12) 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](/usc/15/7001.md?p=d).
    - (B) **Paper or printed form—** Notwithstanding [subsection (c)(1)](#c-1), a [Federal regulatory agency](/usc/15/7006.md?p=6) or [State](/usc/15/7006.md?p=12) regulatory agency may interpret [section 7001(d) of this title](/usc/15/7001.md?p=d) to require retention of a [record](/usc/15/7006.md?p=9) 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](/usc/15/7006.md?p=10); and
      - (ii) imposing such [requirement](/usc/15/7006.md?p=10) is essential to attaining such interest.
  - (4) **Exceptions for actions by government as market participant—** [Paragraph (2)(C)(iii)](#b-2-C-iii) shall not apply to the statutes, regulations, or other rules of law governing procurement by the Federal or any [State](/usc/15/7006.md?p=12) government, or any agency or instrumentality thereof.
- (c) **Additional limitations—**
  - (1) **Reimposing paper prohibited—** Nothing in [subsection (b)](#b) (other than [paragraph (3)(B)](#b-3-B) thereof) shall be construed to grant any [Federal regulatory agency](/usc/15/7006.md?p=6) or [State](/usc/15/7006.md?p=12) regulatory agency authority to impose or reimpose any [requirement](/usc/15/7006.md?p=10) that a [record](/usc/15/7006.md?p=9) be in a tangible printed or paper form.
  - (2) **Continuing obligation under Government Paperwork Elimination Act—** Nothing in subsection [(a)](#a) or [(b)](#b) relieves any [Federal regulatory agency](/usc/15/7006.md?p=6) 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](/usc/15/7006.md?p=6) 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](/usc/15/7006.md?p=9) from the [requirements](/usc/15/7006.md?p=10) relating to consent in [section 7001(c) of this title](/usc/15/7001.md?p=c) if such exemption is necessary to eliminate a substantial burden on [electronic](/usc/15/7006.md?p=2) commerce and will not increase the material risk of harm to [consumers](/usc/15/7006.md?p=1).
  - (2) **Prospectuses—** Within 30 days after June 30, 2000, the Securities and Exchange Commission shall issue a regulation or order pursuant to [paragraph (1)](#d-1) exempting from [section 7001(c) of this title](/usc/15/7001.md?p=c) any [records](/usc/15/7006.md?p=9) that are required to be provided in order to allow advertising, sales literature, or other [information](/usc/15/7006.md?p=7) concerning a security issued by an investment company that is registered under the Investment Company Act of 1940 [[15 U.S.C. 80a–1](/usc/15/80a–1.md) 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](/usc/15/77b.md).
- (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](/usc/15/7006.md?p=4) or [electronic signature](/usc/15/7006.md?p=5) was used in its formation or authorization.

## Source credit

(Pub. L. 106–229, title I, § 104, June 30, 2000, 114 Stat. 469.)

## Notes

### Editorial Notes

### References in Text

The Government Paperwork Elimination Act, referred to in subsec. (c)(2), is title XVII of Pub. L. 105–277, div. C, Oct. 21, 1998, 112 Stat. 2681–749, which amended section 3504 of Title 44, Public Printing and Documents, and enacted provisions set out as a note under section 3504 of Title 44. For complete classification of this Act to the Code, see Tables.

The Investment Company Act of 1940, referred to in subsec. (d)(2), is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789, which is classified generally to subchapter I (§ 80a–1 et seq.) of chapter 2D of this title. For complete classification of this Act to the Code, see section 80a–51 of this title and Tables.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Oct. 1, 2000, with exceptions relating to record retention and certain loans, see section 107 of Pub. L. 106–229, set out as a note under section 7001 of this title.