119-hr1777

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1777 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1777

 To authorize notaries public to perform, and to establish minimum 
 standards for, electronic notarizations and remote notarizations that 
occur in or affect interstate commerce, to require any Federal court to 
 recognize notarizations performed by a notarial officer of any State, 
to require any State to recognize notarizations performed by a notarial 
officer of any other State when the notarization was performed under or 
relates to a public Act, record, or judicial proceeding of the notarial 
 officer's State or when the notarization occurs in or affects 
 interstate commerce, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 March 3, 2025

 Mr. Bentz (for himself, Ms. Dean of Pennsylvania, and Ms. Fedorchak) 
 introduced the following bill; which was referred to the Committee on 
Energy and Commerce, and in addition to the Committee on the Judiciary, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
 the committee concerned

_______________________________________________________________________

 A BILL

 To authorize notaries public to perform, and to establish minimum 
 standards for, electronic notarizations and remote notarizations that 
occur in or affect interstate commerce, to require any Federal court to 
 recognize notarizations performed by a notarial officer of any State, 
to require any State to recognize notarizations performed by a notarial 
officer of any other State when the notarization was performed under or 
relates to a public Act, record, or judicial proceeding of the notarial 
 officer's State or when the notarization occurs in or affects 
 interstate commerce, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Securing and Enabling Commerce Using 
Remote and Electronic Notarization Act of 2025'' or the ``SECURE 
Notarization Act of 2025''.

SEC. 2. DEFINITIONS.

 In this Act:

    (1) Communication technology.--The term ``communication 
 technology'', with respect to a notarization, means an 
 electronic device or process that allows the notary public 
 performing the notarization, a remotely located individual, and 
 (if applicable) a credible witness to communicate with each 
 other simultaneously by sight and sound during the 
 notarization.

    (2) Electronic; electronic record; electronic signature; 
 information; person; record.--The terms ``electronic'', 
 ``electronic record'', ``electronic signature'', 
 ``information'', ``person'', and ``record'' have the meanings 
 given those terms in 

section 106 of the Electronic Signatures 
 in Global and National Commerce Act (15 U.S.C. 7006).

    (3) Law.--The term ``law'' includes any statute, 
 regulation, rule, or rule of law.

    (4) Notarial officer.--The term ``notarial officer'' 
 means--
        (A) a notary public; or
        (B) any other individual authorized to perform a 
 notarization under the laws of a State without a 
 commission or appointment as a notary public.

    (5) Notarial officer's state; notary public's state.--The 
 term ``notarial officer's State'' or ``notary public's State'' 
 means the State in which a notarial officer, or a notary 
 public, as applicable, is authorized to perform a notarization.

    (6) Notarization.--The term ``notarization''--
        (A) means any act that a notarial officer may 
 perform under--
            (i) Federal law, including this Act; or
            (ii) the laws of the notarial officer's 
 State; and
        (B) includes any act described in subparagraph
        (A) and performed by a notarial officer--
            (i) with respect to--
            (I) a tangible record; or
            (II) an electronic record; and
            (ii) for--
            (I) an individual in the physical 
 presence of the notarial officer; or
            (II) a remotely located individual.

    (7) Notary public.--The term ``notary public'' means an 
 individual commissioned or appointed as a notary public to 
 perform a notarization under the laws of a State.

    (8) Personal knowledge.--The term ``personal knowledge'', 
 with respect to the identity of an individual, means knowledge 
 of the identity of the individual through dealings sufficient 
 to provide reasonable certainty that the individual has the 
 identity claimed.

    (9) Remotely located individual.--The term ``remotely 
 located individual'', with respect to a notarization, means an 
 individual who is not in the physical presence of the notarial 
 officer performing the notarization.

    (10) Requirement.--The term ``requirement'' includes a 
 duty, a standard of care, and a prohibition.

    (11) Signature.--The term ``signature'' means--
        (A) an electronic signature; or
        (B) a tangible symbol executed or adopted by a 
 person and evidencing the present intent to 
 authenticate or adopt a record.

    (12) Simultaneously.--The term ``simultaneously'', with 
 respect to a communication between parties--
        (A) means that each party communicates 
 substantially simultaneously and without unreasonable 
 interruption or disconnection; and
        (B) includes any reasonably short delay that is 
 inherent in, or common with respect to, the method used 
 for the communication.

    (13) State.--The term ``State''--
        (A) means--
            (i) any State of the United States;
            (ii) the District of Columbia;
            (iii) the Commonwealth of Puerto Rico;
            (iv) any territory or possession of the 
 United States; and
            (v) any federally recognized Indian Tribe; 
 and
        (B) includes any executive, legislative, or 
 judicial agency, court, department, board, office, 
 clerk, recorder, register, registrar, commission, 
 authority, institution, instrumentality, county, 
 municipality, or other political subdivision of an 
 entity described in any of clauses
            (i) through
            (v) of 
 subparagraph
        (A) .

SEC. 3. AUTHORIZATION TO PERFORM AND MINIMUM STANDARDS FOR ELECTRONIC 
 NOTARIZATION.

    (a) Authorization.--Unless prohibited under 

section 10, and subject 
to subsection

    (b) , a notary public may perform a notarization that 
occurs in or affects interstate commerce with respect to an electronic 
record.

    (b) Requirements of Electronic Notarization.--If a notary public 
performs a notarization under subsection

    (a) , the following 
requirements shall apply with respect to the notarization:

    (1) The electronic signature of the notary public, and all 
 other information required to be included under other 
 applicable law, shall be attached to or logically associated 
 with the electronic record.

    (2) The electronic signature and other information 
 described in paragraph

    (1) shall be bound to the electronic 
 record in a manner that renders any subsequent change or 
 modification to the electronic record evident.

SEC. 4. AUTHORIZATION TO PERFORM AND MINIMUM STANDARDS FOR REMOTE 
 NOTARIZATION.

    (a) Authorization.--Unless prohibited under 

section 10, and subject 
to subsection

    (b) , a notary public may perform a notarization that 
occurs in or affects interstate commerce for a remotely located 
individual.

    (b) Requirements of Remote Notarization.--If a notary public 
performs a notarization under subsection

    (a) , the following 
requirements shall apply with respect to the notarization:

    (1) The remotely located individual shall appear personally 
 before the notary public at the time of the notarization by 
 using communication technology.

    (2) The notary public shall--
        (A) reasonably identify the remotely located 
 individual--
            (i) through personal knowledge of the 
 identity of the remotely located individual; or
            (ii) by obtaining satisfactory evidence of 
 the identity of the remotely located individual 
 by--
            (I) using not fewer than 2 distinct 
 types of processes or services through 
 which a third person provides a means 
 to verify the identity of the remotely 
 located individual through a review of 
 public or private data sources; or
            (II) oath or affirmation of a 
 credible witness who--

    (aa) 

    (AA) is in the physical 
 presence of the notary public 
 or the remotely located 
 individual; or

    (BB) appears personally 
 before the notary public and 
 the remotely located individual 
 by using communication 
 technology;

    (bb) has personal knowledge 
 of the identity of the remotely 
 located individual; and
            (cc) has been identified by 
 the notary public in the same 
 manner as specified for 
 identification of a remotely 
 located individual under clause
            (i) or subclause
            (I) of this 
 clause;
        (B) either directly or through an agent--
            (i) create an audio and visual recording of 
 the performance of the notarization; and
            (ii) notwithstanding any resignation from, 
 or revocation, suspension, or termination of, 
 the notary public's commission or appointment, 
 retain the recording created under clause
            (i) as a notarial record--
            (I) for a period of not less than--

    (aa) if an applicable law 
 of the notary public's State 
 specifies a period of 
 retention, the greater of--

    (AA) that specified 
 period; or

    (BB) 5 years after 
 the date on which the 
 recording is created; 
 or

    (bb) if no applicable law 
 of the notary public's State 
 specifies a period of 
 retention, 10 years after the 
 date on which the recording is 
 created; and
            (II) if any applicable law of the 
 notary public's State governs the 
 content, manner or place of retention, 
 security, use, effect, or disclosure of 
 the recording or any information 
 contained in the recording, in 
 accordance with that law; and
            (C) if the notarization is performed with respect 
 to a tangible or electronic record, take reasonable 
 steps to confirm that the record before the notary 
 public is the same record with respect to which the 
 remotely located individual made a statement or on 
 which the individual executed a signature.

    (3) If a guardian, conservator, executor, personal 
 representative, administrator, or similar fiduciary or 
 successor is appointed for or on behalf of a notary public or a 
 deceased notary public under applicable law, that person shall 
 retain the recording under paragraph

    (2)
        (B)
            (ii) , unless--
        (A) another person is obligated to retain the 
 recording under applicable law of the notary public's 
 State; or
        (B)
            (i) under applicable law of the notary public's 
 State, that person may transmit the recording to an 
 office, archive, or repository approved or designated 
 by the State; and
            (ii) that person transmits the recording to the 
 office, archive, or repository described in clause
            (i) in accordance with applicable law of the notary 
 public's State.

    (4) If the remotely located individual is physically 
 located outside the geographic boundaries of a State, or is 
 otherwise physically located in a location that is not subject 
 to the jurisdiction of the United States, at the time of the 
 notarization--
        (A) the record shall--
            (i) be intended for filing with, or relate 
 to a matter before, a court, governmental 
 entity, public official, or other entity that 
 is subject to the jurisdiction of the United 
 States; or
            (ii) involve property located in the 
 territorial jurisdiction of the United States 
 or a transaction substantially connected to the 
 United States; and
        (B) the act of making the statement or signing the 
 record may not be prohibited by a law of the 
 jurisdiction in which the individual is physically 
 located.
            (c) Personal Appearance Satisfied.--If a State or Federal law 
requires an individual to appear personally before or be in the 
physical presence of a notary public at the time of a notarization, 
that requirement shall be considered to be satisfied if--

    (1) the individual--
        (A) is a remotely located individual; and
        (B) appears personally before the notary public at 
 the time of the notarization by using communication 
 technology; and

    (2)
        (A) the notarization was performed under or relates to a 
 public act, record, or judicial proceeding of the notary 
 public's State; or
        (B) the notarization occurs in or affects interstate 
 commerce.

SEC. 5. RECOGNITION OF NOTARIZATIONS IN FEDERAL COURT.

    (a) Recognition of Validity.--Each court of the United States shall 
recognize as valid under the State or Federal law applicable in a 
judicial proceeding before the court any notarization performed by a 
notarial officer of any State if the notarization is valid under the 
laws of the notarial officer's State or under this Act.

    (b) Legal Effect of Recognized Notarization.--A notarization 
recognized under subsection

    (a) shall have the same effect under the 
State or Federal law applicable in the applicable judicial proceeding 
as if that notarization was validly performed--

    (1)
        (A) by a notarial officer of the State, the law of which 
 is applicable in the proceeding; or
        (B) under this Act or other Federal law; and

    (2) without regard to whether the notarization was 
 performed--
        (A) with respect to--
            (i) a tangible record; or
            (ii) an electronic record; or
        (B) for--
            (i) an individual in the physical presence 
 of the notarial officer; or
            (ii) a remotely located individual.
            (c) Presumption of Genuineness.--In a determination of the validity 
of a notarization for the purposes of subsection

    (a) , the signature and 
title of an individual performing the notarization shall be prima facie 
evidence in any court of the United States that the signature of the 
individual is genuine and that the individual holds the designated 
title.
            (d) Conclusive Evidence of Authority.--In a determination of the 
validity of a notarization for the purposes of subsection

    (a) , the 
signature and title of the following notarial officers of a State shall 
conclusively establish the authority of the officer to perform the 
notarization:

    (1) A notary public of that State.

    (2) A judge, clerk, or deputy clerk of a court of that 
 State.

SEC. 6. RECOGNITION BY STATE OF NOTARIZATIONS PERFORMED UNDER AUTHORITY 
 OF ANOTHER STATE.

    (a) Recognition of Validity.--Each State shall recognize as valid 
under the laws of that State any notarization performed by a notarial 
officer of any other State if--

    (1) the notarization is valid under the laws of the 
 notarial officer's State or under this Act; and

    (2)
        (A) the notarization was performed under or relates to a 
 public act, record, or judicial proceeding of the notarial 
 officer's State; or
        (B) the notarization occurs in or affects interstate 
 commerce.

    (b) Legal Effect of Recognized Notarization.--A notarization 
recognized under subsection

    (a) shall have the same effect under the 
laws of the recognizing State as if that notarization was validly 
performed by a notarial officer of the recognizing State, without 
regard to whether the notarization was performed--

    (1) with respect to--
        (A) a tangible record; or
        (B) an electronic record; or

    (2) for--
        (A) an individual in the physical presence of the 
 notarial officer; or
        (B) a remotely located individual.
            (c) Presumption of Genuineness.--In a determination of the validity 
of a notarization for the purposes of subsection

    (a) , the signature and 
title of an individual performing a notarization shall be prima facie 
evidence in any State court or judicial proceeding that the signature 
is genuine and that the individual holds the designated title.
            (d) Conclusive Evidence of Authority.--In a determination of the 
validity of a notarization for the purposes of subsection

    (a) , the 
signature and title of the following notarial officers of a State shall 
conclusively establish the authority of the officer to perform the 
notarization:

    (1) A notary public of that State.

    (2) A judge, clerk, or deputy clerk of a court of that 
 State.

SEC. 7. ELECTRONIC AND REMOTE NOTARIZATION NOT REQUIRED.

 Nothing in this Act may be construed to require a notary public to 
perform a notarization--

    (1) with respect to an electronic record;

    (2) for a remotely located individual; or

    (3) using a technology that the notary public has not 
 selected.

SEC. 8. VALIDITY OF NOTARIZATIONS; RIGHTS OF AGGRIEVED PERSONS NOT 
 AFFECTED; STATE LAWS ON THE PRACTICE OF LAW NOT AFFECTED.

    (a) Validity Not Affected.--The failure of a notary public to meet 
a requirement under 

section 3 or 4 in the performance of a 
notarization, or the failure of a notarization to conform to a 
requirement under 

section 3 or 4, shall not invalidate or impair the 
validity or recognition of the notarization.

    (b) Rights of Aggrieved Persons.--The validity and recognition of a 
notarization under this Act may not be construed to prevent an 
aggrieved person from seeking to invalidate a record or transaction 
that is the subject of a notarization or from seeking other remedies 
based on State or Federal law other than this Act for any reason not 
specified in this Act, including on the basis--

    (1) that a person did not, with present intent to 
 authenticate or adopt a record, execute a signature on the 
 record;

    (2) that an individual was incompetent, lacked authority or 
 capacity to authenticate or adopt a record, or did not 
 knowingly and voluntarily authenticate or adopt a record; or

    (3) of fraud, forgery, mistake, misrepresentation, 
 impersonation, duress, undue influence, or other invalidating 
 cause.
            (c) Rule of Construction.--Nothing in this Act may be construed to 
affect a State law governing, authorizing, or prohibiting the practice 
of law.

SEC. 9. EXCEPTION TO PREEMPTION.

    (a) In General.--A State law may modify, limit, or supersede the 
provisions of 

section 3, or subsection

    (a) or

    (b) of 

section 4, with 
respect to State law only if that State law--

    (1) either--
        (A) constitutes an enactment or adoption of the 
 Revised Uniform Law on Notarial Acts, as approved and 
 recommended for enactment in all the States by the 
 National Conference of Commissioners on Uniform State 
 Laws in 2018 or the Revised Uniform Law on Notarial 
 Acts, as approved and recommended for enactment in all 
 the States by the National Conference of Commissioners 
 on Uniform State Laws in 2021, except that a 
 modification to such Law enacted or adopted by a State 
 shall be preempted to the extent such modification--
            (i) is inconsistent with a provision of 
 

section 3 or subsection

    (a) or

    (b) of 

section 4, as applicable; or
            (ii) would not be permitted under 
 subparagraph
        (B) ; or
        (B) specifies additional or alternative procedures 
 or requirements for the performance of notarizations 
 with respect to electronic records or for remotely 
 located individuals, if those additional or alternative 
 procedures or requirements--
            (i) are consistent with 

section 3 and 
 subsections

    (a) and

    (b) of 

section 4; and
            (ii) do not accord greater legal effect to 
 the implementation or application of a specific 
 technology or technical specification for 
 performing those notarizations; and

    (2) requires the retention of an audio and visual recording 
 of the performance of a notarization for a remotely located 
 individual for a period of not less than 5 years after the 
 recording is created.

    (b) Rule of Construction.--Nothing in 

section 5 or 6 may be 
construed to preclude the recognition of a notarization under 
applicable State law, regardless of whether such State law is 
consistent with 

section 5 or 6.

SEC. 10. STANDARD OF CARE; SPECIAL NOTARIAL COMMISSIONS; FALSE 
 ADVERTISING.

    (a) State Standards of Care; Authority of State Regulatory 
Officials.--Nothing in this Act may be construed to prevent a State, or 
a notarial regulatory official of a State, from--

    (1) adopting a requirement in this Act as a duty or 
 standard of care under the laws of that State or sanctioning a 
 notary public for breach of such a duty or standard of care;

    (2) establishing requirements and qualifications for, or 
 denying, refusing to renew, revoking, suspending, or imposing a 
 condition on, a commission or appointment as a notary public;

    (3) creating or designating a class or type of commission 
 or appointment, or requiring an endorsement or other 
 authorization to be received by a notary public, as a condition 
 on the authority to perform notarizations with respect to 
 electronic records or for remotely located individuals; or

    (4) prohibiting a notary public from performing a 
 notarization under 

section 3 or 4 as a sanction for a breach of 
 duty or standard of care or for official misconduct.

    (b) Special Commissions or Authorizations Created by a State; 
Sanction for Breach or Official Misconduct; False Advertising.--A 
notary public may not perform a notarization under 

section 3 or 4 if 
any of the following applies:

    (1) The notary public's State has enacted a law that 
 creates or designates a class or type of commission or 
 appointment, or requires an endorsement or other authorization 
 to be received by a notary public, as a condition on the 
 authority to perform notarizations with respect to electronic 
 records or for remotely located individuals, and--
        (A) the commission or appointment of the notary 
 public is not of that class or type; or
        (B) the notary public has not received the 
 endorsement or other authorization.

    (2) The notarial regulatory official of the notary public's 
 State has prohibited the notary public from performing the 
 notarization as a sanction for a breach of duty or standard of 
 care or for official misconduct.

    (3)
        (A) The notary public has engaged in false or deceptive 
 advertising.
        (B) For the purposes of subparagraph
        (A) , a notary public 
 shall be considered to have engaged in false or deceptive 
 advertising if the notary public (unless the notary public is 
 an attorney licensed to practice law in a State)--
            (i) uses the term ``notario'' or ``notario 
 publico''; or
            (ii) states or represents in a record offering 
 commercial notarial services that the notary public is 
 authorized to--
            (I) assist in drafting legal records, give 
 legal advice, or otherwise practice law;
            (II) act as an immigration consultant or an 
 expert on matters pertaining to immigration;
            (III) represent a person in a judicial or 
 administrative proceeding relating to 
 immigration to the United States, United States 
 citizenship, or related matters; or
            (IV) receive compensation for performing 
 any activity described in this subparagraph.
            (C) For the purposes of a notarization performed by a 
 notary public under 

section 4 for a remotely located 
 individual, if a record executed by the remotely located 
 individual attests that the notary public disclosed to the 
 individual the prohibitions under this paragraph, and that the 
 notary public did not make any statement or representation in 
 violation of this paragraph, that record shall conclusively 
 establish compliance by the notary public with the requirements 
 of this paragraph, as of the date on which the individual 
 executes that record.

SEC. 11. SEVERABILITY.

 If any provision of this Act or the application of such provision 
to any person or circumstance is held to be invalid or 
unconstitutional, the remainder of this Act and the application of the 
provisions thereof to other persons or circumstances shall not be 
affected by that holding.
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