Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2023

Floor Speech

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Mr. ARMSTRONG. Mr. Speaker, H.R. 1059, the SECURE Notarization Act is a bipartisan bill that would authorize the nationwide use of remote online notarizations performed in interstate commerce. This is simply an electronic notarization where the party and the 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 deployment or travel limitations.

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 communications while protecting consumers with a multifactor authentication and the use of tamper-evident technology.

The bill would not replace the State laws governing the authorization and regulation of notaries public, nor would the bill alter State control over the practice of law or commonly notarized legal papers, like estate documents.

This bill is limited only to remote online notaries performed in interstate commerce. It does not alter the regulation of notaries, nor does it require the use of remote online notaries.

It would simply provide for the recognition of remote notarization performed in interstate commerce. It would also ensure that the Federal and State courts recognize such remote notarizations.

This is similar to the Full Faith and Credit Clause implementing statutes that ensure the recognition of official activities or judicial proceedings conducted in another State.

In the 117th Congress, this bill passed the House by voice vote after earning 123 cosponsors and passing the Committee on Energy and Commerce with a 56-0 vote. It also has the support of 20 organizations, like the American Land Title Association, the National Association of Federally Insured Credit Unions, and Mortgage Action Alliance. All of these groups supporting the bill utilize notaries public on a daily basis.

I say a special thank you to my friend, Representative Madeleine Dean, for working on this important legislation over the last two Congresses.

Mr. Speaker, I urge my colleagues to support this legislation.

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