,,ib ,union ,calendar ,no4 #cdg #aagth ,,congress #b;d ,session ,h4 ,r4 #cifb ,report ,no4 #aag-ddc1 ,part ,i ,,in ,,the ,,house ,,of ,,representatives ,june #ag1 #bjba,ms4 ,dean 7for herself1 ,mr4 ,armstrong1 ,mr4 ,david ,scott of ,georgia1 ,mr4 ,gottheimer1 ,mr4 ,fitzpatrick1 ,mr4 ,norcross1 ,mrs4 ,kim of ,california1 ,mr4 ,timmons1 ,mr4 ,kustoff1 ,mrs4 ,axne1 ,mr4 ,garca of ,illinois1 ,mr4 ,perlmutter1 ,mrs4 ,beatty1 ,mr4 ,khanna1 ,mr4 ,good of ,virginia1 ,mr4 ,gooden of ,texas1 ,mr4 ,swalwell1 ,ms4 ,velzquez1 ,ms4 ,herrera ,beutler1 ,mr4 ,banks1 ,mr4 ,budd1 ,ms4 ,eshoo1 ,ms4 ,del,bene1 ,mr4 ,mooney1 ,mrs4 ,wagner1 ,mr4 ,barr1 ,mr4 ,steil1 ,mrs4 ,lesko1 ,mr4 ,gonzalez of ,ohio1 ,mr4 ,reschenthaler1 ,ms4 ,slotkin1 ,ms4 ,wexton1 and ,mr4 ,guest7 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 ,july #bf1 #bjbb;,additional sponsors3 ,mr4 ,pocan1 ,mr4 ,hill1 ,mrs4 ,mc,bath1 ,mr4 ,crow1 ,ms4 ,blunt ,rochester1 ,mr4 ,kilmer1 ,mr4 ,kim of ,new ,jersey1 ,mr4 ,burgess1 ,mr4 ,mc,caul1 ,mr4 ,higgins of ,new ,york1 ,mr4 ,lucas1 ,mr4 ,foster1 ,mr4 ,simpson1 ,mr4 ,correa1 ,mr4 ,auchincloss1 ,mr4 ,lowenthal1 ,mr4 ,smucker1 ,mr4 ,bacon1 ,mr4 ,griffith1 ,mr4 ,davidson1 ,mr4 ,lieu1 ,mr4 ,harder of ,california1 ,mr4 ,quigley1 ,mr4 ,steube1 ,ms4 ,granger1 ,ms4 ,bourdeaux1 ,mr4 ,neguse1 ,mr4 ,cartwright1 ,mr4 ,costa1 ,mr4 ,lawson of ,florida1 ,ms4 ,escobar1 ,mr4 ,crawford1 ,ms4 ,roybal-,allard1 ,mr4 ,rush1 ,ms4 ,sherrill1 ,mr4 ,stauber1 ,mr4 ,soto1 ,mr4 ,crist1 ,mr4 ,rodney ,davis of ,illinois1 ,mr4 ,smith of ,missouri1 ,mr4 ,womack1 ,mr4 ,estes1 ,mr4 ,huizenga1 ,mr4 ,tiffany1 ,mr4 ,keller1 ,mr4 ,wittman1 ,mr4 ,cohen1 ,mr4 ,joyce of ,pennsylvania1 ,mr4 ,mann1 ,mr4 ,donalds1 ,mr4 ,o',halleran1 ,mr4 ,rose1 ,mr4 ,krishnamoorthi1 ,mr4 ,hudson1 ,ms4 ,strickland1 ,mr4 ,garbarino1 ,mr4 ,ellzey1 ,mr4 ,mullin1 ,ms4 ,porter1 ,mr4 ,la,turner1 ,mr4 ,langevin1 ,mr4 ,phillips1 ,mrs4 ,bice of ,oklahoma1 ,mr4 ,blumenauer1 ,mrs4 ,luria1 ,mr4 ,kildee1 ,ms4 ,scanlon1 ,ms4 ,craig1 ,mr4 ,williams of ,texas1 ,mr4 ,rutherford1 ,mr4 ,fallon1 ,mr4 ,vicente ,gonzalez of ,texas1 ,mr4 ,kind1 ,ms4 ,schrier1 ,ms4 ,speier1 ,ms4 ,omar1 ,mr4 ,mc,govern1 ,mr4 ,courtney1 ,mr4 ,larsen of ,washington1 ,ms4 ,schakowsky1 ,mrs4 ,hartzler1 ,mr4 ,luetkemeyer1 ,mr4 ,san ,nicolas1 ,ms4 ,wild1 ,mr4 ,michael ,f4 ,doyle of ,pennsylvania1 ,mr4 ,evans1 ,mr4 ,mc,nerney1 ,mr4 ,trone1 ,mr4 ,mfume1 ,mr4 ,sarbanes1 ,ms4 ,kuster1 ,ms4 ,houlahan1 ,mrs4 ,carolyn ,b4 ,maloney of ,new ,york1 ,mr4 ,pappas1 ,ms4 ,titus1 and ,ms4 ,williams of ,georgia ,july #bf1 #bjbb,reported from the ,committee on ,energy and ,commerce with an amendment,strike out all after the enacting clause and insert the part printed in italic ,july #bf1 #bjbb;,committee on the ,judiciary discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed,for text of introduced bill1 see copy of bill as introduced on ,june #ag1 #bjba ,a ,,bill ,to authorize notaries public to perform1 and to establish minimum standards for1 electronic notarizations and remote notarizations that occur in or affect interstate commerce1 to require any ,federal court to recognize notarizations performed by a notarial officer of any ,state1 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 ,act1 record1 or judicial proceeding of the notarial officer's ,state or when the notarization occurs in or affects interstate commerce1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,securing and ,enabling ,commerce ,using ,remote and ,electronic ,notarization ,act of #bjbb or the ,,secure ,notarization ,act of #bjbb4 #b4 ,definitions ,in this ,act3 7#a7 ,communication technology ,the term communication technology1 with respect to a notarization1 means an electronic device or process that allows the notary public performing the notarization1 a remotely located individual1 and 7if applicable7 a credible witness to communicate with each other simultaneously by sight and sound during the notarization4 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 rule1 or rule of law4 7#d7 ,notarial officer ,the term notarial officer means-- 7,a7 a notary public2 or 7,b7 any other individual authorized to perform a notarization under the laws of a ,state without a commission or appointment as a notary public4 7#e7 ,notarial officer's ,state2 notary public's ,state ,the term notarial officer's ,state or notary public's ,state means the ,state in which a notarial officer1 or a notary public1 as applicable1 is authorized to perform a notarization4 7#f7 ,notarization ,the term notarization-- 7,a7 means any act that a notarial officer may perform under-- 7i7 ,federal law1 including this ,act2 or 7ii7 the laws of the notarial officer's ,state2 and 7,b7 includes any act described in subparagraph 7,a7 and performed by a notarial officer-- 7i7 with respect to-- 7,i7 a tangible record2 or 7,,ii7 an electronic record2 and 7ii7 for-- 7,i7 an individual in the physical presence of the notarial officer2 or 7,,ii7 a remotely located individual4 7#g7 ,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 ,state4 7#h7 ,personal knowledge ,the term personal knowledge1 with respect to the identity of an individual1 means knowledge of the identity of the individual through dealings sufficient to provide reasonable certainty that the individual has the identity claimed4 7#i7 ,remotely located individual ,the term remotely located individual1 with respect to a notarization1 means an individual who is not in the physical presence of the notarial officer performing the notarization4 7#aj7 ,requirement ,the term requirement includes a duty1 a standard of care1 and a prohibition4 7#aa7 ,signature ,the term signature means-- 7,a7 an electronic signature2 or 7,b7 a tangible symbol executed or adopted by a person and evidencing the present intent to authenticate or adopt a record4 7#ab7 ,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 any reasonably short delay that is inherent in1 or common with respect to1 the method used for the communication4 7#ac7 ,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 registrar1 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 7a7 ,authorization ,unless prohibited under section #aj1 and subject to subsection 7b71 a notary public may perform a notarization that occurs in or affects interstate commerce with respect to an electronic record4 7b7 ,requirements of electronic notarization ,if a notary public performs a notarization under subsection 7a71 the following requirements shall apply with respect to the notarization3 7#a7 ,the electronic signature of the notary public1 and all other information required to be included under other applicable law1 shall be attached to or logically associated with the electronic record4 7#b7 ,the electronic signature and other information described in paragraph 7#a7 shall be bound to the electronic record in a manner that renders any subsequent change or modification to the electronic record evident4 #d4 ,authorization to perform and minimum standards for remote notarization 7a7 ,authorization ,unless prohibited under section #aj1 and subject to subsection 7b71 a notary public may perform a notarization that occurs in or affects interstate commerce for a remotely located individual4 7b7 ,requirements of remote notarization ,if a notary public performs a notarization under subsection 7a71 the following requirements shall apply with respect to the notarization3 7#a7 ,the remotely located individual shall appear personally before the notary public at the time of the notarization by using communication technology4 7#b7 ,the notary public shall-- 7,a7 reasonably identify the remotely located individual-- 7i7 through personal knowledge of the identity of the remotely located individual2 or 7ii7 by obtaining satisfactory evidence of the identity of the remotely located individual by-- 7,i7 using not fewer than #b 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 sources2 or 7,,ii7 oath or affirmation of a credible witness who-- 7aa7 7,,aa7 is in the physical presence of the notary public or the remotely located individual2 or 7,,bb7 appears personally before the notary public and the remotely located individual by using communication technology2 7bb7 has personal knowledge of the identity of the remotely located individual2 and 7cc7 has been identified by the notary public in the same manner as specified for identification of a remotely located individual under clause 7i7 or subclause 7,i7 of this clause2 7,b7 either directly or through an agent-- 7i7 create an audio and visual recording of the performance of the notarization2 and 7ii7 notwithstanding any resignation from1 or revocation1 suspension1 or termination of1 the notary public's commission or appointment1 retain the recording created under clause 7i7 as a notarial record-- 7,i7 for a period of not less than-- 7aa7 if an applicable law of the notary public's ,state specifies a period of retention1 the greater of-- 7,,aa7 that specified period2 or 7,,bb7 #e years after the date on which the recording is created2 or 7bb7 if no applicable law of the notary public's ,state specifies a period of retention1 #aj years after the date on which the recording is created2 and 7,,ii7 if any applicable law of the notary public's ,state governs the content1 manner or place of retention1 security1 use1 effect1 or disclosure of the recording or any information contained in the recording1 in accordance with that law2 and 7,c7 if the notarization is performed with respect to a tangible or electronic record1 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 signature4 7#c7 ,if a guardian1 conservator1 executor1 personal representative1 administrator1 or similar fiduciary or successor is appointed for or on behalf of a notary public or a deceased notary public under applicable law1 that person shall retain the recording under paragraph 7#b77;,b77ii71 unless-- 7,a7 another person is obligated to retain the recording under applicable law of the notary public's ,state2 or 7,b7 7i7 under applicable law of the notary public's ,state1 that person may transmit the recording to an office1 archive1 or repository approved or designated by the ,state2 and 7ii7 that person transmits the recording to the office1 archive1 or repository described in clause 7i7 in accordance with applicable law of the notary public's ,state4 7#d7 ,if the remotely located individual is physically located outside the geographic boundaries of a ,state1 or is otherwise physically located in a location that is not subject to the jurisdiction of the ,united ,states1 at the time of the notarization-- 7,a7 the record shall-- 7i7 be intended for filing with1 or relate to a matter before1 a court1 governmental entity1 public official1 or other entity that is subject to the jurisdiction of the ,united ,states2 or 7ii7 involve property located in the territorial jurisdiction of the ,united ,states or a transaction substantially connected to the ,united ,states2 and 7,b7 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 located4 7c7 ,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 notarization1 that requirement shall be considered to be satisfied if-- 7#a7 the individual-- 7,a7 is a remotely located individual2 and 7,b7 appears personally before the notary public at the time of the notarization by using communication technology2 and 7#b7 7,a7 the notarization was performed under or relates to a public act1 record1 or judicial proceeding of the notary public's ,state2 or 7,b7 the notarization occurs in or affects interstate commerce4 #e4 ,recognition of notarizations in ,federal court 7a7 ,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 ,act4 7b7 ,legal effect of recognized notarization ,a notarization recognized under subsection 7a7 shall have the same effect under the ,state or ,federal law applicable in the applicable judicial proceeding as if that notarization was validly performed-- 7#a7 7,a7 by a notarial officer of the ,state1 the law of which is applicable in the proceeding2 or 7,b7 under this ,act or other ,federal law2 and 7#b7 without regard to whether the notarization was performed-- 7,a7 with respect to-- 7i7 a tangible record2 or 7ii7 an electronic record2 or 7,b7 for-- 7i7 an individual in the physical presence of the notarial officer2 or 7ii7 a remotely located individual4 7c7 ,presumption of genuineness ,in a determination of the validity of a notarization for the purposes of subsection 7a71 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 title4 7d7 ,conclusive evidence of authority ,in a determination of the validity of a notarization for the purposes of subsection 7a71 the signature and title of the following notarial officers of a ,state shall conclusively establish the authority of the officer to perform the notarization3 7#a7 ,a notary public of that ,state4 7#b7 ,a judge1 clerk1 or deputy clerk of a court of that ,state4 #f4 ,recognition by ,state of notarizations performed under authority of another ,state 7a7 ,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-- 7#a7 the notarization is valid under the laws of the notarial officer's ,state or under this ,act2 and 7#b7 7,a7 the notarization was performed under or relates to a public act1 record1 or judicial proceeding of the notarial officer's ,state2 or 7,b7 the notarization occurs in or affects interstate commerce4 7b7 ,legal effect of recognized notarization ,a notarization recognized under subsection 7a7 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 ,state1 without regard to whether the notarization was performed-- 7#a7 with respect to-- 7,a7 a tangible record2 or 7,b7 an electronic record2 or 7#b7 for-- 7,a7 an individual in the physical presence of the notarial officer2 or 7,b7 a remotely located individual4 7c7 ,presumption of genuineness ,in a determination of the validity of a notarization for the purposes of subsection 7a71 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 title4 7d7 ,conclusive evidence of authority ,in a determination of the validity of a notarization for the purposes of subsection 7a71 the signature and title of the following notarial officers of a ,state shall conclusively establish the authority of the officer to perform the notarization3 7#a7 ,a notary public of that ,state4 7#b7 ,a judge1 clerk1 or deputy clerk of a court of that ,state4 #g4 ,electronic and remote notarization not required ,nothing in this ,act may be construed to require a notary public to perform a notarization-- 7#a7 with respect to an electronic record2 7#b7 for a remotely located individual2 or 7#c7 using a technology that the notary public has not selected4 #h4 ,validity of notarizations2 rights of aggrieved persons not affected2 ,state laws on the practice of law not affected 7a7 ,validity not affected ,the failure of a notary public to meet a requirement under section #c or #d in the performance of a notarization1 or the failure of a notarization to conform to a requirement under section #c or #d1 shall not invalidate or impair the validity or recognition of the notarization4 7b7 ,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 ,act1 including on the basis-- 7#a7 that a person did not1 with present intent to authenticate or adopt a record1 execute a signature on the record2 7#b7 that an individual was incompetent1 lacked authority or capacity to authenticate or adopt a record1 or did not knowingly and voluntarily authenticate or adopt a record2 or 7#c7 of fraud1 forgery1 mistake1 misrepresentation1 impersonation1 duress1 undue influence1 or other invalidating cause4 7c7 ,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 7a7 ,in general ,a ,state law may modify1 limit1 or supersede the provisions of section #c1 or subsection 7a7 or 7b7 of section #d1 with respect to ,state law only if that ,state law-- 7#a7 either-- 7,a7 constitutes an enactment or adoption of the ,revised ,uniform ,law on ,notarial ,acts1 as approved and recommended for enactment in all the ,states by the ,national ,conference of ,commissioners on ,uniform ,state ,laws in #bjah or the ,revised ,uniform ,law on ,notarial ,acts1 as approved and recommended for enactment in all the ,states by the ,national ,conference of ,commissioners on ,uniform ,state ,laws in #bjba1 except that a modification to such ,law enacted or adopted by a ,state shall be preempted to the extent such modification-- 7i7 is inconsistent with a provision of section #c or subsection 7a7 or 7b7 of section #d1 as applicable2 or 7ii7 would not be permitted under subparagraph 7,b72 or 7,b7 specifies additional or alternative procedures or requirements for the performance of notarizations with respect to electronic records or for remotely located individuals1 if those additional or alternative procedures or requirements-- 7i7 are consistent with section #c and subsections 7a7 and 7b7 of section #d2 and 7ii7 do not accord greater legal effect to the implementation or application of a specific technology or technical specification for performing those notarizations2 and 7#b7 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 #e years after the recording is created4 7b7 ,rule of construction ,nothing in section #e or #f may be construed to preclude the recognition of a notarization under applicable ,state law1 regardless of whether such ,state law is consistent with section #e or #f4 #aj4 ,standard of care2 special notarial commissions 7a7 ,state standards of care2 authority of ,state regulatory officials ,nothing in this ,act may be construed to prevent a ,state1 or a notarial regulatory 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 for1 or denying1 refusing to renew1 revoking1 suspending1 or imposing a condition on1 a commission or appointment as a notary public2 7#c7 creating or designating a class or type of commission or appointment1 or requiring an endorsement or other authorization to be received by a notary public1 as a condition on the authority to perform notarizations with respect to electronic records or for remotely located individuals2 or 7#d7 prohibiting a notary public from performing a notarization under section #c or #d as a sanction for a breach of duty or standard of care or for official misconduct4 7b7 ,special commissions or authorizations created by a ,state2 sanction for breach or official misconduct ,a notary public may not perform a notarization under section #c or #d if-- 7#a7 7,a7 the notary public's ,state has enacted a law that creates or designates a class or type of commission or appointment1 or requires an endorsement or other authorization to be received by a notary public1 as a condition on the authority to perform notarizations with respect to electronic records or for remotely located individuals2 and 7,b7 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 authorization2 or 7#b7 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 misconduct4 #aa4 ,severability ,if any provision of this ,act or the application of such provision to any person or circumstance is held to be invalid or unconstitutional1 the remainder of this ,act and the application of the provisions thereof to other persons or circumstances shall not be affected by that holding4 ,july #bf1 #bjbb,reported from the ,committee on ,energy and ,commerce with an amendment,july #bf1 #bjbb;,committee on the ,judiciary discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed