A bill to permit the use of unsworn declarations under penalty of perjury as evidence in Federal proceedings.
PL 94-550 (H.R.15531), enacted 10/18/1976

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 u s e 1746. 
To permit the use of unsworn declarations under penalty of perjury as evidence 
in Federal proceedings. 
Be it enacted hy 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 state-
ment, 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 w^ithin the United States, its territories, posses-
sions, 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 author-
izes an oath to be administered, that he will testify, declare, 
depose, or certify truly, or that any written testimony, declara-
tion, 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; 
PUBLIC LAW 94-550—OCT. 18, 1976 
90 STAT. 2535 
is guilty of perjury and shall, except as otherwise expressly provided 
by law, be fined not more than $2,000 or imprisoned not more than five 
years, or both. This section is applicable whether the statement or 
subscription is made within or without the United States.". 
SEC. 3. Section 931 of title 10, United States Code, is amended to 
read as follows: 
«§ 931. Art. 131. Perjury 
"Any person subject to this chapter who in a judicial proceeding or 
in a course of justice willfully and corruptly— 
"(1) upori a lawful oath or in any form allowed by law to ba 
substituted for an oath, gives any false testimony material to the 
issue or matter of inquiry; or 
"(2) in any declaration, certificate, verification, or statement 
under penalty of perjury as permitted under section 1746 of title 
28, United States Code, subscribes any false statement material to 
the issue or matter of inquiry; 
is guilty of perjury and shall be punished as a court-martial may 
direct.". 
SEC. 4. Section 152 of title 18, United States Code, is amended by 
inserting immediately after the second paragraph the following new 
paragraph: 
"Whoever knowingly and fraudulently makes a false declaration, 
certificate, verification, or statement under penalty or perjury as per-
mitted under section 1746 of title 28, United States Code, in or in rela-
tion to any bankruptcy proceeding; or". 
SEC. 5. The fourth paragraph of section 1546 of title 18, United 
States Code, is amended by inserting immediately after "under oath" 
the following: ", or as permitted under penalty of perjury under sec-
tion 1746 of title 28, United States Code, knowingly subscribes as 
true,". 
SEC. 6. Section 1623(a) of title 18, United States Code, is amended 
by inserting immediately after "under oath" the following: "(or in 
any declaration, certificate, verification, or statement under penalty of 
perjury as permitted under section 1746 of title 28, United States 
Code)". 
SEC. 7. Section 287(b) of the Immigration and Nationality Act (8 
U.S.C. 1357(b)) is amended— 
(1) by inserting immediately after "to whom such oath has 
been administered" the following: "(or who has executed an 
unsworn declaration, certificate, verification, or statement under 
penalty of perjury as permitted under section 1746 of title 28, 
United States Code)"; and 
(2) by inserting immediately after "give false evidence or 
swear" the following: "(or subscribe under penalty of perjury as 
permitted under section 1746 of title 28, United States Code)". 
SEC. 8. Section 5 of the Act entitled "An Act to provide for the 
licensing of marine radiotelegraph operators as ship radio officers, and 
for other purposes", approved May 12, 1948 (46 U.S.C. 229e), is 
amended by inserting in the third paragraph immediately after "oath 
90 STAT. 2536 
PUBLIC LAW 94-550—OCT. 18, 1976 
or affirmation" the following: "(or to the truth of any unsworn dec-
laration, certificate, verification, or statement under penalty of perjury 
as permitted under section 1746 of title 28, United States Code)". 
SEC. 9. Section 4445 of the Revised Statutes of the United States (46 
U.S.C. 231) is amended by inserting in the third paragraph immedi-
ately after "oath or affirmation" the following: "(or to the truth of 
any unsworn declaration, certificate, verification, or statement under 
penalty of perjury as permitted under section 1746 of title 28, United 
States Code)". 
SEC. 10. Section 26 of the Act entitled "An Act making appropria-
tions for the current and contingent expenses of the Bureau of Indian 
Affairs, for fulfilling treaty stipulations with various Indian tribes, 
and for other purposes, for the fiscal year ending June 30, 1920", 
approved June 30, 1919 (25 U.S.C. 399), is amended by inserting in 
the tenth paragraph immediately after "under oath" the following: 
"or in any declaration, certificate, verification, or statement under pen-
alty of perjury as permitted under section 1746 of title 28, United 
States Code,". 
Approved October 18, 1976. 
\ 
' ' ' ' " ; . 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-1616 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
Sept. 27, considered and passed House. 
Oct. 1, considered and passed Senate.