H.R. 1777

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

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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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