[Congressional Record Volume 168, Number 124 (Tuesday, July 26, 2022)]
[House]
[Pages H7116-H7120]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SECURING AND ENABLING COMMERCE USING REMOTE AND ELECTRONIC NOTARIZATION 
                              ACT OF 2022

  Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3962) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3962

       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 
     2022'' or the ``SECURE Notarization Act of 2022''.

     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

[[Page H7117]]

     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.

[[Page H7118]]

       (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.

       (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.--A notary 
     public may not perform a notarization under section 3 or 4 
     if--
       (1)(A) 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
       (B) the commission or appointment of the notary public is 
     not of the class or type or the notary public has not 
     received the endorsement or other authorization; or
       (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.

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Pallone) and the gentleman from Georgia (Mr. Carter) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PALLONE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 3962.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise to speak in support of H.R. 3962, the Securing 
and Enabling Commerce Using Remote and Electronic Notarization Act of 
2022.
  In the modern era, you can cash a check, book a flight, and lock and 
unlock your doors all from the convenience of your smartphone. To get 
something notarized, a process of authenticating documents required for 
wills, marriage certificates, mortgages, and other valuable assets, 
many States still require a person to physically appear before a notary 
public.
  During the height of the COVID-19 pandemic, in-person notarizations 
were not only inconvenient but also posed a health risk. In-person 
notarizations forced far too many consumers to choose between 
potentially exposing themselves to COVID-19 in purchasing a house or 
updating their wills.
  To protect consumers and commerce, dozens of States enacted laws or 
took emergency actions to permit electronic and remote online 
notarizations. Such notarizations allow the consumer and the notary to 
execute notarizations through secure audio-visual communications.
  As our lives are returning to a new normal, it has become apparent 
that electronic and remote online notarizations are a valuable tool for 
facilitating commerce and making notarial services more accessible. 
Such tools are particularly important for vulnerable populations like 
the elderly, underserved communities, and those

[[Page H7119]]

lacking access to reliable transportation.
  But State action alone cannot ensure universal access to electronic 
and remote online notarizations that need robust security standards and 
consumer protections. This Nation lacks a universal standard for 
electronic and remote online notarizations.
  As a result, there is no standard that permits nationwide use of 
electronic and remote online notarizations, creates robust security 
requirements, and ensures electronic and remote online notarizations 
are valid nationwide.
  That is why I thank Congresswoman Dean for the SECURE Notarization 
Act. This legislation will transition notarization to the 21st century 
without sacrificing security, making the process more convenient and 
safer for the American public.
  I commend Representative Dean for her leadership on this bipartisan 
legislation. She has been pressing for this to get out of committee and 
on the floor, and we are finally here today.
  Mr. Speaker, I strongly urge my colleagues to support H.R. 3962 
today, and I reserve the balance of my time.
  Mr. CARTER of Georgia. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in favor of H.R. 3962, the Securing and 
Enabling Commerce Using Remote and Electronic Notarization Act of 2022.
  Historically, notarization has required a person to appear before a 
notary public. However, during the height of the COVID-19 pandemic, 
such in-person appointments were paused, causing States to permit 
remote online notarizations so as to ensure commerce would not come to 
a halt when so many other things were.
  The passage of H.R. 3962, which establishes nationwide standards and 
technical requirements for remote online notarization, showcases the 
benefits that technology can have to reduce the barriers on commerce in 
America and provide an easier way of life for our constituents.
  Mr. Speaker, I thank Representatives Dean and Armstrong for their 
work on this legislation.
  Mr. Speaker, I urge my colleagues to support H.R. 3962, and I reserve 
the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield such time as she may consume to the 
gentlewoman from Pennsylvania (Ms. Dean), the sponsor of this bill.
  Ms. DEAN. Mr. Speaker, I thank Chairman Pallone for his work and that 
of his committee. I thank Representative Carter, and I especially thank 
Representative Armstrong for working alongside me on the SECURE 
Notarization Act, H.R. 3962.
  The SECURE Notarization Act will authorize nationwide use of remote 
online notarization, also known as RON, and would include key consumer 
protections, including multifactor authentication of the signer and the 
use of tamper-evident technology. The bill would also ensure the 
certainty of interstate recognition of RON.
  Importantly, this bill sets a floor for the use of remote online 
notarization, and States will be able to regulate further protections 
as they decide.
  The COVID-19 pandemic has taught us so much about the necessity and 
the benefits of new technologies used to streamline services for 
consumers across industries. Remote online notarization has been and 
should continue to be a time-saving, convenient, and safe way for 
consumers to execute important documents.
  Notarizations are used extensively in real estate transactions and in 
other key areas, including affidavits, powers of attorney, living 
wills, advance directives, and more.
  Remote online notarizations allow the consumer, notary, and other 
parties to a transaction to be in different locations using two-way 
audio-visual communication to securely notarize documents. This process 
provides assured consumer access to notarization and affords customers 
options and flexible scheduling.
  This is key: Remote online notarization allows flexibility for people 
who are chronically ill or immobile, for parents who can't get away 
from work or are taking care of their children, for servicemembers 
abroad seeking to buy a home or correct wills.
  I know well the impact this bill could have for notary publics across 
the country. When I served as a State representative in Pennsylvania, 
most members of our team were notaries, and our office served as a 
notary hub for the local community. I know many people struggled making 
appointments, often because of a lack of transportation or because they 
were ill and physically unable to move. Remote online notarization 
would have allowed us to streamline our performance and better serve 
our community.
  This legislation will help streamline notary processes into the 
digital and electronic consumer-facing ecosystem, ensuring as people 
become more reliant on digital spaces, platforms, and services, they 
still have access to services as important as our notary system.
  This bill is supported by more than 120 of our colleagues. It passed 
out of the Energy and Commerce Committee by 56-0. It is supported by a 
coalition of 20 industry partners. Simply stated, it is commonsense and 
convenient legislation that is completely secure.
  Mr. Speaker, I thank Chairman Pallone and Ranking Member McMorris 
Rodgers, as well as Representative Carter, for their support of this 
bill, moving it swiftly through the Energy and Commerce Committee to 
the House floor. I also thank Congressmen Perlmutter and Reschenthaler 
for being strong allies and supporters of this bill as we work to forge 
a path.
  Finally, I thank the co-lead of this legislation, Congressman Kelly 
Armstrong. I see Mr. Armstrong here. I am delighted to have worked with 
him. I thank him for all of his work and the work of his staff in 
helping us make this strong piece of bipartisan legislation. We took 
this bill on the road and gathered a tremendous amount of support and 
had fun along the way.
  Mr. Speaker, I urge my colleagues to support this bill.
  Mr. CARTER of Georgia. Mr. Speaker, I yield such time as he may 
consume to the gentleman from North Dakota (Mr. Armstrong), the 
Republican sponsor of this bill.

                              {time}  1645

  Mr. ARMSTRONG. Mr. Speaker, H.R. 3962, the SECURE Notarization Act, 
is a bipartisan bill that would authorize the nationwide use of remote, 
online notarizations, which is simply an electronic notarization where 
the party and notary are in different locations.
  Society has widely adopted remote meetings, events, and even social 
activities. Requirements for a signer to be physically present before a 
notary are often impractical and sometimes impossible, such as with 
military deployments or travel restrictions.
  Remote online notarization increases the use of notarization and 
allows individuals to conduct crucial business, particularly if both 
parties are unable to be physically present with a notary.
  This bill would provide businesses and individuals with the ability 
to execute documents using two-way audiovisual communication, while 
protecting consumers with multifactor authentication and tamper-evident 
technology.
  The bill would not replace State laws governing the authorization and 
regulation of notaries public, nor would this bill alter State control 
over the practice of law or commonly notarized legal papers, like 
estate documents.
  It would simply provide for the recognition of remote notarization 
performed in interstate commerce, Federal courts, and would ensure the 
recognition of remote notarizations performed under another State's 
law.
  This is similar to the Full Faith and Credit Clause and 
implementation statutes that ensure the recognition of official 
activities or judicial proceedings in another State.
  Again, this has been said, but this bill has 123 cosponsors. It 
proceeded through regular order. It passed the Energy and Commerce 
Committee with a 56-0 vote. It also has the support of 20 organizations 
like the American Land Title Association, which utilizes notaries 
public on a daily basis.
  Mr. Speaker, I, too, thank the gentlewoman from Pennsylvania (Ms. 
Dean), my friend, for working so closely with our office and having a 
lot of fun as we moved the notary bill forward. If you think having fun 
on a notary bill is easy, Mr. Speaker, you have got to work at it, but 
we have had a lot of fun, and I appreciate it.
  Mr. PALLONE. Mr. Speaker, I have no additional speakers, and I 
reserve the balance of my time.

[[Page H7120]]

  

  Mr. CARTER of Georgia. Mr. Speaker, in closing, I encourage my 
colleagues to support this bill, and I yield back the balance of my 
time.
  Mr. PALLONE. Mr. Speaker, again, I urge my colleagues on both sides 
of the aisle to support this very important piece of bipartisan 
legislation. In the aftermath of COVID, we realize more and more that 
this type of electronic notarization really is the way to go.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Pallone) that the House suspend the 
rules and pass the bill, H.R. 3962, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. CLOUD. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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