On Wednesday, July 27, 2022, the U.S. House of Representatives passed a series of bills rolled into a package that includes the Securing and Enabling Commerce Using Remote and Electronic (SECURE) Notarization Act (H.R. 3962).
The SECURE Notarization Act, which passed by a vote of 336-90, has been backed by the American Land Title Association. ALTA CEO Diane Tomb commented that, with the passage of this bill, "the U.S. House took a major leap toward establishing a more modernized notarization system that doesn't leave anyone behind." 8 states currently do not have access to Remote Online Notarization (RON): California, Mississippi, Alabama, Georgia, South Carolina, Delaware, Connecticut, Massachusetts, plus the District of Columbia.
The SECURE Notarization Act would permit immediate nationwide use of RON, create national minimum standards for its use, and provide certainty for the interstate recognition of RON. The bill provides technical requirements for RON, including the creation and retention of video and audio recordings and the use of communication technologies such as video chat. The bill also includes important security requirements including tamper-evident technology and multifactor authentication. The bill would require individuals to continue to follow existing state laws and regulations on RON.
The bipartisan SECURE Notarization Act was introduced in the House by Reps. Madeleine Dean (D-PA) and Kelly Armstrong (R-ND). It has 12 cosponsors in the House. The bill will now move on to the Senate, where it must also pass in order to be signed into law by the President.