,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #fcfd  ,,in ,,the ,,house ,,of  
,,representatives  ,march #bc1 #bjbj,mr4
 ,reschenthaler 7for himself and ,ms4   
,dean7 introduced the following bill2   
which was referred to the ,committee on 
,energy and ,commerce1 and in addition  
to the ,committee on the ,judiciary1 for
 a period to be subsequently determined 
by the ,speaker1 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   
interstate commerce1 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 commerce1 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 commerce or when the 
notarization was performed under or     
relates to a public act1 record1 or     
judicial proceeding of the ,state in    
which the notary public was             
commissioned4  #a4 ,short title ,this   
,act may be cited as the ,securing and  
,enabling ,commerce ,using ,remote and  
,electronic ,notarization ,act of #bjbj4
  #b4 ,definitions ,in this ,act3 7#a7  
,commissioned ,the term commissioned1   
with respect to a notary public1        
includes a notary public who is         
appointed and licensed4  7#b7           
,electronic2 electronic record2         
electronic signature2 information2      
person2 record ,the terms electronic1   
electronic record1 electronic signature1
 information1 person1 and record have   
the meanings given those terms in       
section #ajf of the ,electronic         
,signatures in ,global and ,national    
,commerce ,act 7#ae ,u4,s4,c4 #gjjf74   
7#c7 ,law ,the term law includes any    

statute1 regulation1 or rule4  7#d7     
,notarization ,the term notarization    
includes any act-- 7,a7 that a notary   
public may perform under ,federal law1  
including this ,act1 or under the laws  
of the ,state in which the notary public
 is commissioned1 without regard to     
whether the notary public performs the  
act-- 7i7 with respect to a tangible or 
electronic record2 or  7ii7 in an       
individual1 official1 or representative 
capacity2 and  7,b7 in which an         
individual making a statement or        
executing a record is not in the        
physical presence of a notary public but
 is able to communicate with the notary 
public simultaneously by sight and sound
 through an electronic device or process
 at the time of the act4  7#e7          
,requirement ,the term requirement      
includes a duty1 a standard of care1 and
 a prohibition4  7#f7 ,simultaneously   
,the term simultaneously1 with respect  
to a communication between parties--    
7,a7 means that each party communicates 

substantially simultaneously and without
 unreasonable interruption or           
disconnection2 and  7,b7 includes a     
reasonably short delay that is inherent 
in1 or common with respect to1 the      
method used for the communication4  7#g7
 ,stamp or seal of office ,the term     
stamp or seal of office means an image  
that-- 7,a7 contains information as     
specified under the law of the ,state in
 which a notary public is commissioned2 
7,b7 a notary public uses to            
authenticate the notarization of a      
record2 and  7,c7 may consist of-- 7i7 a
 physical image or impression affixed to
 or embossed on a tangible record2 or   
7ii7 an electronic image attached to1 or
 logically associated with1 an          
electronic record4  7#h7 ,state ,the    
term ,state-- 7,a7 means-- 7i7 any      
,state of the ,united ,states2  7ii7 the
 ,district of ,columbia2  7iii7 the     
,commonwealth of ,puerto ,rico2  7iv7   
any territory or possession of the      
,united ,states2 and  7v7 any federally 

recognized ,indian tribe2 and  7,b7     
includes any executive1 legislative1 or 
judicial agency1 court1 department1     
board1 office1 clerk1 recorder1         
register1 commission1 authority1        
institution1 instrumentality1 county1   
municipality1 or other political        
subdivision of an entity described in   
any of clauses 7i7 through 7v7 of       
subparagraph 7,a74  #c4 ,authorization  
to perform and minimum standards for    
electronic notarization ,a notary public
 commissioned under the laws of a ,state
 may perform a notarization that occurs 
in or affects interstate commerce with  
respect to an electronic record1 if--   
7#a7 7,a7 a stamp or seal of office is  
attached to or logically associated with
 the electronic record2 or  7,b7 the    
electronic signature of the notary      
public1 and all other information       
required to be included under other     
applicable law1 is attached to or       
logically associated with the signature 
or record2 and  7#b7 the stamp or seal  

of office1 electronic signature1 or     
other information described in paragraph
 7#a7 is securely bound to the          
electronic record in a manner that is   
capable of independent verification and 
renders any subsequent change or        
modification to the electronic record   
evident4  #d4 ,authorization to perform 
and minimum standards for remote        
notarization  7a7 ,requirements of      
remote notarization ,a notary public    
commissioned under the laws of a ,state 
may perform a notarization that occurs  
in or affects interstate commerce for an
 individual not in the physical presence
 of the notary public1 if-- 7#a7 the    
individual and the notary public are    
able to communicate simultaneously by   
sight and sound through an electronic   
device or process at the time of the    
notarization2  7#b7 the notary public-- 
7,a7 has reasonably identified the      
individual through-- 7i7 personal       
knowledge of the individual2  7ii7 not  
fewer than #b distinct types of         

processes or services through which a   
third person provides a means to verify 
the identity of the individual through a
 review of public or private data       
sources2 or  7iii7 oath or affirmation  
of a credible witness who-- 7,i7 7aa7 is
 in the physical presence of the notary 
public or the individual2 or  7bb7 is   
able to communicate with the notary     
public and the individual simultaneously
 by sight and sound through an          
electronic device or process at the time
 of the notarization2  7,,ii7 has       
personal knowledge of the individual2   
and  7,,iii7 has been reasonably        
identified by the notary public under   
clause 7i7 or 7ii72 and  7,b7 either    
directly or through an agent-- 7i7      
creates an audio and visual recording of
 the performance of the notarization2   
and  7ii7 retains the recording created 
under clause 7i7-- 7,i7 as a notarial   
record during the term of the notary    
public's office1 including renewals of  
that term1 unless a law of the ,state   

requires a different period of          
retention2 and  7,,ii7 if any laws of   
the ,state govern the content1          
retention1 security1 use1 effect1 and   
disclosure of that recording and any    
information contained in the recording1 
in accordance with those laws2 and  7#c7
 with respect to an individual          
physically located outside the          
geographic boundaries of a ,state or    
other location subject to the           
jurisdiction of the ,united ,states at  
the time of the notarization-- 7,a7 the 
record-- 7i7 is intended for filing     
with1 or relates to a matter before1 a  
court1 governmental entity1 public      
official1 or other entity subject to the
 jurisdiction of the ,united ,states2 or
  7ii7 involves property located in the 
territorial jurisdiction of the ,united 
,states or a transaction substantially  
connected to the ,united ,states2 and   
7,b7 the notary public has no actual    
knowledge that the act of making the    
statement or signing the record is      

prohibited by the laws of the           
jurisdiction in which the individual is 
physically located4  7b7 ,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 occurs  
in or affects interstate commerce1 that 
requirement is satisfied if the         
individual and the notary public are not
 in the physical presence of each other 
but can communicate simultaneously by   
sight and sound through an electronic   
device or process at the time of the    
notarization4  #e4 ,recognition of      
notarizations in ,federal court ,each   
court of the ,united ,states shall      
recognize any notarization performed by 
a notary public commissioned under the  
laws of a ,state other than the ,state  
in which the court is located if-- 7#a7 
the notarization occurs in or affects   
interstate commerce2 and  7#b7 7,a7 a   
stamp or seal of office is affixed or   

embossed on a tangible record2 or  7,b7 
in the case of an electronic record--   
7i7 a stamp or seal of office is        
attached to or logically associated with
 the electronic record2 or  7ii7 the    
electronic signature of the notary      
public1 and all other information       
required to be included under other     
applicable law1 is attached to or       
logically associated with the electronic
 record4  #f4 ,recognition by ,state of 
notarizations performed under authority 
of another ,state ,each ,state shall    
recognize as having the same effect     
under the laws of that ,state as if     
performed by a notary public of that    
,state any notarization performed by a  
notary public commissioned under the    
laws of any other ,state if-- 7#a7 7,a7 
the notarization was performed under or 
relates to a public act1 record1 or     
judicial proceeding of the ,state in    
which the notary public is commissioned2
 or  7,b7 the notarization occurs in or 
affects interstate commerce2 and  7#b7  

7,a7 a stamp or seal of office is       
affixed or embossed on a tangible       
record2 or  7,b7 in the case of an      
electronic record-- 7i7 a stamp or seal 
of office is attached to or logically   
associated with the electronic record2  
or  7ii7 the electronic signature of the
 notary public1 and all other           
information required to be included by  
other applicable law1 is attached to or 
logically associated with the electronic
 record4  #g4 ,electronic and remote    
notarization not required ,nothing in   
this ,act may be construed to require a 
notary public commissioned under the    
laws of a ,state to perform a           
notarization-- 7#a7 with respect to an  
electronic record2  7#b7 for an         
individual not in the physical presence 
of the notary public2 or  7#c7 using a  
technology that the notary public has   
not selected4  #h4 ,rights of aggrieved 
persons not affected2 ,state laws on the
 practice of law not affected  7a7 ,in  
general ,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 addressed in this ,act1 
including on the basis-- 7#a7 that a    
person did not1 with present intent to  
authenticate or adopt a record-- 7,a7   
execute or adopt on the record a        
tangible symbol2 or  7,b7 attach to or  
logically associate with the record an  
electronic signature2  7#b7 that an     
individual was incompetent1 lacked      
authority or capacity to execute the    
record1 or did not knowingly and        
voluntarily execute a record2 or  7#c7  
of fraud1 forgery1 mistake1             
misrepresentation1 impersonation1       
duress1 undue influence1 or other       
invalidating cause4  7b7 ,rule of       
construction ,nothing in this ,act may  
be construed to affect a ,state law     

governing1 authorizing1 or prohibiting  
the practice of law4  #i4 ,exception to 
preemption ,a ,state law shall not be   
affected by a provision of section #c or
 #d of this ,act to the extent that the 
law-- 7#a7 constitutes an enactment or  
adoption of the ,revised ,uniform ,law  
on ,notarial ,acts1 as approved and     
recommended for enactment in all ,states
 by the ,national ,conference of        
,commissioners on ,uniform ,state ,laws 
in #bjah1 except that a modification to 
such ,act enacted by a ,state shall be  
preempted to the extent the modification
 is inconsistent with this ,act or would
 not be permitted under paragraph 7#b72 
or  7#b7 specifies additional or        
alternative procedures or requirements  
for the performance of notarizations    
with respect to electronic records or   
for individuals not in the physical     
presence of a notary public at the time 
of the notarization1 if those additional
 or alternative procedures or           
requirements-- 7,a7 are consistent with 

this ,act2 and  7,b7 do not accord      
greater legal effect to the             
implementation or application of a      
specific technology or technical        
specification for performing those      
notarizations4  #aj4 ,validity of       
notarizations2 standard of care2 special
 notarial commissions2 savings clause   
7a7 ,validity not affected ,the failure 
of a notary public to meet a requirement
 specified in this ,act shall not       
invalidate or impair the recognition of 
a notarization performed by the notary  
public4  7b7 ,rule of construction ,this
 ,act may not be construed to create a  
public or private cause of action or    
remedy4  7c7 ,state standards of care2  
authority of ,state commissioning       
officials ,nothing in this ,act may be  
construed to prevent a ,state1 or a     
commissioning official of a ,state1     
from-- 7#a7 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 care2     
7#b7 establishing requirements and      
qualifications for denying1 refusing to 
renew1 revoking1 suspending1 or imposing
 a condition on a commission as a notary
 public2 or  7#c7 creating or           
designating a class or type of          
commission1 or requiring an endorsement 
or other authorization to be received by
 a notary public1 as a condition on the 
authority to perform notarial acts with 
respect to electronic records or for    
individuals not in the physical presence
 of the notary public4  7d7 ,special    
commissions created by a ,state ,a      
notary public commissioned under the    
laws of a ,state may not perform a      
notarization under section #c or #d of  
this ,act if-- 7#a7 the ,state has      
enacted a law that creates or designates
 a class or type of commission1 or      
requires an endorsement or other        
authorization to be received by a notary
 public1 as a condition on the authority
 to perform notarial acts with respect  

to electronic records or for individuals
 not in the physical presence of the    
notary public2 and  7#b7 the commission 
of the notary public is not of the class
 or type or the notary public has not   
received the endorsement or other       
authorization4  7e7 ,savings clause     
,this ,act shall not affect the validity
 of a notarization performed before the 
date of enactment of this ,act4  #aa4   
,severability ,if any provision of this 
,act or the application of such a       
provision to any person or circumstance 
is held to be invalid or                
unconstitutional1 the remainder of this 
,act and the application of the         
provisions of this ,act to other persons
 or circumstances shall not be affected 
by that holding4