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I
116TH CONGRESS
2D SESSION
H. R. 6364
To authorize and establish minimum standards for electronic and remote
notarizations that occur in or affect interstate commerce, to require
any Federal court located in a State to recognize notarizations performed
by a notary public commissioned by another State when the notarization
occurs in or affects interstate commerce, and to require any State to
recognize notarizations performed by a notary public commissioned by
another State when the notarization occurs in or affects interstate com-
merce or when the notarization was performed under or relates to a
public act, record, or judicial proceeding of the State in which the
notary public was commissioned.
IN THE HOUSE OF REPRESENTATIVES
MARCH 23, 2020
Mr. RESCHENTHALER (for himself and Ms. DEAN) 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 subse-
quently 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 and establish minimum standards for electronic
and remote notarizations that occur in or affect inter-
state commerce, to require any Federal court located
in a State to recognize notarizations performed by a
notary public commissioned by another State when the
notarization occurs in or affects interstate commerce,
and to require any State to recognize notarizations per-
formed by a notary public commissioned by another State
when the notarization occurs in or affects interstate com-
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•HR 6364 IH
merce or when the notarization was performed under
or relates to a public act, record, or judicial proceeding
of the State in which the notary public was commis-
sioned.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Securing and Enabling
4
Commerce Using Remote and Electronic Notarization Act
5
of 2020’’.
6
SEC. 2. DEFINITIONS.
7
In this Act:
8
(1)
COMMISSIONED.—The
term
‘‘commis-
9
sioned’’, with respect to a notary public, includes a
10
notary public who is appointed and licensed.
11
(2) ELECTRONIC; ELECTRONIC RECORD; ELEC-
12
TRONIC
SIGNATURE;
INFORMATION;
PERSON;
13
RECORD.—The
terms
‘‘electronic’’,
‘‘electronic
14
record’’, ‘‘electronic signature’’, ‘‘information’’, ‘‘per-
15
son’’, and ‘‘record’’ have the meanings given those
16
terms in section 106 of the Electronic Signatures in
17
Global and National Commerce Act (15 U.S.C.
18
7006).
19
(3) LAW.—The term ‘‘law’’ includes any stat-
20
ute, regulation, or rule.
21
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(4) NOTARIZATION.—The term ‘‘notarization’’
1
includes any act—
2
(A) that a notary public may perform
3
under Federal law, including this Act, or under
4
the laws of the State in which the notary public
5
is commissioned, without regard to whether the
6
notary public performs the act—
7
(i) with respect to a tangible or elec-
8
tronic record; or
9
(ii) in an individual, official, or rep-
10
resentative capacity; and
11
(B) in which an individual making a state-
12
ment or executing a record is not in the phys-
13
ical presence of a notary public but is able to
14
communicate with the notary public simulta-
15
neously by sight and sound through an elec-
16
tronic device or process at the time of the act.
17
(5) REQUIREMENT.—The term ‘‘requirement’’
18
includes a duty, a standard of care, and a prohibi-
19
tion.
20
(6) SIMULTANEOUSLY.—The term ‘‘simulta-
21
neously’’, with respect to a communication between
22
parties—
23
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(A) means that each party communicates
1
substantially simultaneously and without unrea-
2
sonable interruption or disconnection; and
3
(B) includes a reasonably short delay that
4
is inherent in, or common with respect to, the
5
method used for the communication.
6
(7) STAMP
OR
SEAL
OF
OFFICE.—The term
7
‘‘stamp or seal of office’’ means an image that—
8
(A) contains information as specified under
9
the law of the State in which a notary public
10
is commissioned;
11
(B) a notary public uses to authenticate
12
the notarization of a record; and
13
(C) may consist of—
14
(i) a physical image or impression af-
15
fixed to or embossed on a tangible record;
16
or
17
(ii) an electronic image attached to, or
18
logically associated with, an electronic
19
record.
20
(8) STATE.—The term ‘‘State’’—
21
(A) means—
22
(i) any State of the United States;
23
(ii) the District of Columbia;
24
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(iii) the Commonwealth of Puerto
1
Rico;
2
(iv) any territory or possession of the
3
United States; and
4
(v) any federally recognized Indian
5
tribe; and
6
(B) includes any executive, legislative, or
7
judicial agency, court, department, board, of-
8
fice, clerk, recorder, register, commission, au-
9
thority, institution, instrumentality, county,
10
municipality, or other political subdivision of an
11
entity described in any of clauses (i) through
12
(v) of subparagraph (A).
13
SEC. 3. AUTHORIZATION TO PERFORM AND MINIMUM
14
STANDARDS FOR ELECTRONIC NOTARIZA-
15
TION.
16
A notary public commissioned under the laws of a
17
State may perform a notarization that occurs in or affects
18
interstate commerce with respect to an electronic record,
19
if—
20
(1)(A) a stamp or seal of office is attached to
21
or logically associated with the electronic record; or
22
(B) the electronic signature of the notary pub-
23
lic, and all other information required to be included
24
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•HR 6364 IH
under other applicable law, is attached to or logically
1
associated with the signature or record; and
2
(2) the stamp or seal of office, electronic signa-
3
ture, or other information described in paragraph
4
(1) is securely bound to the electronic record in a
5
manner that is capable of independent verification
6
and renders any subsequent change or modification
7
to the electronic record evident.
8
SEC. 4. AUTHORIZATION TO PERFORM AND MINIMUM
9
STANDARDS FOR REMOTE NOTARIZATION.
10
(a) REQUIREMENTS OF REMOTE NOTARIZATION.—A
11
notary public commissioned under the laws of a State may
12
perform a notarization that occurs in or affects interstate
13
commerce for an individual not in the physical presence
14
of the notary public, if—
15
(1) the individual and the notary public are able
16
to communicate simultaneously by sight and sound
17
through an electronic device or process at the time
18
of the notarization;
19
(2) the notary public—
20
(A) has reasonably identified the individual
21
through—
22
(i) personal knowledge of the indi-
23
vidual;
24
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•HR 6364 IH
(ii) not fewer than 2 distinct types of
1
processes or services through which a third
2
person provides a means to verify the iden-
3
tity of the individual through a review of
4
public or private data sources; or
5
(iii) oath or affirmation of a credible
6
witness who—
7
(I)(aa) is in the physical presence
8
of the notary public or the individual;
9
or
10
(bb) is able to communicate with
11
the notary public and the individual
12
simultaneously by sight and sound
13
through an electronic device or proc-
14
ess at the time of the notarization;
15
(II) has personal knowledge of
16
the individual; and
17
(III) has been reasonably identi-
18
fied by the notary public under clause
19
(i) or (ii); and
20
(B) either directly or through an agent—
21
(i) creates an audio and visual record-
22
ing of the performance of the notarization;
23
and
24
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(ii) retains the recording created
1
under clause (i)—
2
(I) as a notarial record during
3
the term of the notary public’s office,
4
including renewals of that term, un-
5
less a law of the State requires a dif-
6
ferent period of retention; and
7
(II) if any laws of the State gov-
8
ern the content, retention, security,
9
use, effect, and disclosure of that re-
10
cording and any information con-
11
tained in the recording, in accordance
12
with those laws; and
13
(3) with respect to an individual physically lo-
14
cated outside the geographic boundaries of a State
15
or other location subject to the jurisdiction of the
16
United States at the time of the notarization—
17
(A) the record—
18
(i) is intended for filing with, or re-
19
lates to a matter before, a court, govern-
20
mental entity, public official, or other enti-
21
ty subject to the jurisdiction of the United
22
States; or
23
(ii) involves property located in the
24
territorial jurisdiction of the United States
25
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•HR 6364 IH
or a transaction substantially connected to
1
the United States; and
2
(B) the notary public has no actual knowl-
3
edge that the act of making the statement or
4
signing the record is prohibited by the laws of
5
the jurisdiction in which the individual is phys-
6
ically located.
7
(b) PERSONAL APPEARANCE SATISFIED.—If a State
8
or Federal law requires an individual to appear personally
9
before or be in the physical presence of a notary public
10
at the time of a notarization that occurs in or affects inter-
11
state commerce, that requirement is satisfied if the indi-
12
vidual and the notary public are not in the physical pres-
13
ence of each other but can communicate simultaneously
14
by sight and sound through an electronic device or process
15
at the time of the notarization.
16
SEC. 5. RECOGNITION OF NOTARIZATIONS IN FEDERAL
17
COURT.
18
Each court of the United States shall recognize any
19
notarization performed by a notary public commissioned
20
under the laws of a State other than the State in which
21
the court is located if—
22
(1) the notarization occurs in or affects inter-
23
state commerce; and
24
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(2)(A) a stamp or seal of office is affixed or
1
embossed on a tangible record; or
2
(B) in the case of an electronic record—
3
(i) a stamp or seal of office is attached to
4
or logically associated with the electronic
5
record; or
6
(ii) the electronic signature of the notary
7
public, and all other information required to be
8
included under other applicable law, is attached
9
to or logically associated with the electronic
10
record.
11
SEC. 6. RECOGNITION BY STATE OF NOTARIZATIONS PER-
12
FORMED UNDER AUTHORITY OF ANOTHER
13
STATE.
14
Each State shall recognize as having the same effect
15
under the laws of that State as if performed by a notary
16
public of that State any notarization performed by a no-
17
tary public commissioned under the laws of any other
18
State if—
19
(1)(A) the notarization was performed under or
20
relates to a public act, record, or judicial proceeding
21
of the State in which the notary public is commis-
22
sioned; or
23
(B) the notarization occurs in or affects inter-
24
state commerce; and
25
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•HR 6364 IH
(2)(A) a stamp or seal of office is affixed or
1
embossed on a tangible record; or
2
(B) in the case of an electronic record—
3
(i) a stamp or seal of office is attached to
4
or logically associated with the electronic
5
record; or
6
(ii) the electronic signature of the notary
7
public, and all other information required to be
8
included by other applicable law, is attached to
9
or logically associated with the electronic
10
record.
11
SEC. 7. ELECTRONIC AND REMOTE NOTARIZATION NOT RE-
12
QUIRED.
13
Nothing in this Act may be construed to require a
14
notary public commissioned under the laws of a State to
15
perform a notarization—
16
(1) with respect to an electronic record;
17
(2) for an individual not in the physical pres-
18
ence of the notary public; or
19
(3) using a technology that the notary public
20
has not selected.
21
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SEC. 8. RIGHTS OF AGGRIEVED PERSONS NOT AFFECTED;
1
STATE LAWS ON THE PRACTICE OF LAW NOT
2
AFFECTED.
3
(a) IN GENERAL.—The validity and recognition of a
4
notarization under this Act may not be construed to pre-
5
vent an aggrieved person from seeking to invalidate a
6
record or transaction that is the subject of a notarization
7
or from seeking other remedies based on State or Federal
8
law other than this Act for any reason not addressed in
9
this Act, including on the basis—
10
(1) that a person did not, with present intent
11
to authenticate or adopt a record—
12
(A) execute or adopt on the record a tan-
13
gible symbol; or
14
(B) attach to or logically associate with the
15
record an electronic signature;
16
(2) that an individual was incompetent, lacked
17
authority or capacity to execute the record, or did
18
not knowingly and voluntarily execute a record; or
19
(3) of fraud, forgery, mistake, misrepresenta-
20
tion, impersonation, duress, undue influence, or
21
other invalidating cause.
22
(b) RULE OF CONSTRUCTION.—Nothing in this Act
23
may be construed to affect a State law governing, author-
24
izing, or prohibiting the practice of law.
25
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SEC. 9. EXCEPTION TO PREEMPTION.
1
A State law shall not be affected by a provision of
2
section 3 or 4 of this Act to the extent that the law—
3
(1) constitutes an enact
[Text truncated for display. Full text available on Congress.gov.]