Page:United States Statutes at Large Volume 90 Part 2.djvu/1066

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PUBLIC LAW 94-000—MMMM. DD, 1976

90 STAT. 2534

PUBLIC LAW 94-550—OCT. 18, 1976

Public Law 94-550 94th Congress An Act Oct. 18, 1976 [H.R. 15531]

Federal proceedings. Use of unsworn declarations. 28 USC 1746.

To permit the use of unsworn declarations under penalty of perjury as evidence in Federal proceedings.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) chapter 115 of title 28, United States Code, is amended by adding at the end thereof the following new section: "§ 1746. Unsworn declarations under penalty of perjury "Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form: "(1) If executed without the United States: 'I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature)'. "(2) If executed within the United States, its territories, possessions, or commonwealths: 'I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)'.". (b) The table of sections for chapter 115 of title 28, United States Code, is amended by adding at the end the following new item: "1746. Unsworn declarations under penalty of perjury.". SEC. 2. Section 1621 of title 18, United States Code, is amended to read as follows: "§ 1621. Perjury generally "Whoever— " (1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or "(2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true;