U.S. House to Vote on ALTA-supported SECURE Notarization Act
July 26, 2022
The U.S. House of Representatives is scheduled to vote on a series of bills including the ALTA-supported Securing and Enabling Commerce Using Remote and Electronic (SECURE) Notarization Act of 2021 (H.R. 3962).
Last week, the House Energy and Commerce Committee passed the SECURE Act by a 56-0 vote.
The SECURE Act would:
- Permit immediate nationwide use of RON
- Create national minimum standards for its use
- Provide certainty for the interstate recognition of RON
The minimum standards require multi-factor authentication that includes knowledge-based authentication and credential analysis, use of tamper-evident technology and an audio-visual recording of the notarial act.
The bipartisan SECURE Act was introduced by U.S. Reps. Madeleine Dean (D-PA) and Kelly Armstrong (R-ND). The bill has 123 cosponsors in the House. Sens. Kevin Cramer (R-ND) and Mark Warner (D-VA) have reintroduced the SECURE Notarization Act of 2021 (S. 1625) in the Senate. The bill has 11 cosponsors in the Senate.
If passed by Congress, the legislation would not preempt state laws that adhere to minimum consumer protections, such as laws based on RULONA (Revised Uniform Law on Notarial Acts of 2018). The SECURE Notarization Act also does not interfere with a state’s sovereignty to authorize or regulate RON. The legislation allows states the flexibility to add additional requirements through legislation or regulation. States can set higher standards than the national mini-mum framework found in the SECURE Notarization Act.
“By passing the SECURE Notarization Act, we will take a much-needed step into the future by modernizing the notarization process with a secure system that has proved to meet consumer needs and expectations,” said Diane Tomb, ALTA’s chief executive officer. “We urge members of Congress to continue moving this bipartisan bill forward to ensure that digital closings continue to be a convenient option for all Americans.”
Currently, 42 states have passed bills allowing permanent use of RON.
Contact ALTA at 202-296-3671 or [email protected].