clause (i) in accordance with applicable law of 
the notary public’s State. 
(4) If the remotely located individual is phys-
ically 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 ter-
ritorial jurisdiction of the United States or 
a transaction substantially connected to the 
United States; and 
(B) the act of making the statement or sign-
ing 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 
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the time of a notarization, that requirement shall be consid-
ered 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 inter-
state 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— 
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(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 pres-
ence of the notarial officer; or 
(ii) a remotely located individual. 
(c) PRESUMPTION
OF GENUINENESS.—In a deter-
mination 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 des-
ignated title. 
(d) CONCLUSIVE EVIDENCE OF AUTHORITY.—In a de-
termination of the validity of a notarization for the pur-
poses of subsection (a), the signature and title of the fol-
lowing notarial officers of a State shall conclusively estab-
lish the authority of the officer to perform the notarization: 
(1) A notary public of that State. 
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(2) A judge, clerk, or deputy clerk of a court of 
that State. 
SEC. 6. RECOGNITION BY STATE OF NOTARIZATIONS PER-
FORMED UNDER AUTHORITY OF ANOTHER 
STATE. 
(a) RECOGNITION OF VALIDITY.—Each State shall rec-
ognize as valid under the laws of that State any notariza-
tion 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 inter-
state 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— 
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(A) an individual in the physical presence 
of the notarial officer; or 
(B) a remotely located individual. 
(c) PRESUMPTION
OF GENUINENESS.—In a deter-
mination 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 de-
termination of the validity of a notarization for the pur-
poses of subsection (a), the signature and title of the fol-
lowing notarial officers of a State shall conclusively estab-
lish 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 RE-
QUIRED. 
Nothing in this Act may be construed to require a no-
tary 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. 
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SEC. 8. VALIDITY OF NOTARIZATIONS; RIGHTS OF AG-
GRIEVED PERSONS NOT AFFECTED; STATE 
LAWS ON THE PRACTICE OF LAW NOT AF-
FECTED. 
(a) VALIDITY NOT AFFECTED.—The failure of a no-
tary public to meet a requirement under section 3 or 4 in 
the performance of a notarization, or the failure of a notari-
zation 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 authen-
ticate or adopt a record; or 
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(3) of fraud, forgery, mistake, misrepresentation, 
impersonation, duress, undue influence, or other in-
validating cause. 
(c) RULE OF CONSTRUCTION.—Nothing in this Act 
may be construed to affect a State law governing, author-
izing, 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 Com-
missioners 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 Com-
missioners on Uniform State Laws in 2021, ex-
cept that a modification to such Law enacted or 
adopted by a State shall be preempted to the ex-
tent such modification— 
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SEC. 10. STANDARD OF CARE; SPECIAL NOTARIAL COMMIS-
SIONS. 
(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, sus-
pending, 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 endorse-
ment or other authorization to be received by a no-
tary public, as a condition on the authority to per-
form 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 CRE-
ATED BY A STATE; SANCTION FOR BREACH OR OFFICIAL 
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MISCONDUCT.—A notary public may not perform a notari-
zation 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 com-
mission or appointment, or requires an endorsement 
or other authorization to be received by a notary pub-
lic, 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 authoriza-
tion; 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 mis-
conduct. 
SEC. 11. SEVERABILITY. 
If any provision of this Act or the application of such 
provision to any person or circumstance is held to be in-
valid 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. 
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Union Calendar No. 347 
117TH CONGRESS 
2D SESSION 
H. R. 3962 
[Report No. 117–443, Part I] 
A BILL 
To authorize notaries public to perform, and to es-
tablish 
minimum 
standards 
for, 
electronic 
notarizations and remote notarizations that occur 
in or affect interstate commerce, to require any 
Federal court to recognize notarizations per-
formed by a notarial officer of any State, to re-
quire any State to recognize notarizations per-
formed by a notarial officer of any other State 
when the notarization was performed under or 
relates to a public Act, record, or judicial pro-
ceeding of the notarial officer’s State or when the 
notarization occurs in or affects interstate com-
merce, and for other purposes. 
JULY 26, 2022 
Reported from the Committee on Energy and Commerce 
with an amendment 
JULY 26, 2022 
Committee on the Judiciary discharged; committed to the 
Committee of the Whole House on the State of the 
Union and ordered to be printed 
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