Page:United States Statutes at Large Volume 114 Part 1.djvu/506

 114 STAT. 470 PUBLIC LAW 106-229—JUNE 30, 2000 (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 CEirry out that purpose— (I) are substantieJly 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 101(d) to specify performance steindards 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 101(d). (B) PAPER OR PRINTED FORM. —Notwithstanding subsection (c)(1), a Federal regulatory agency or State regulatory agency may interpret section ll(d) 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.

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