2 of what the document contains. The legislation will permit the signer to subscribe to a document that expressly provides that it is being executed subject to the penalties of perjury-a procedure already in use with the federal income tax return form 1040.1 On the State level, California has for some 19 years permitted the use of unsworn declarations, given subject to the penalty of perjury.2 The experience under the California statutes has been positive. The State Bar of California, whose members have practiced under those statutes, has endorsed the purpose of the legislation. The purpose of the legislation has also been endorsed by the American Bar Association and the Department of Justice. The Committee is aware of no opposition to it. SECTION-BY-SECTION ANALYSIS SECTION 1 Section 1 of H.R. 15531 amends title 28 of the United States Code by adding a new section (1746) to authorize the use of unsworn statements subscribed to under penalty of perjury. Section 1746 will permit the use of such a statement in lieu of an affidavit or sworn declaration, with 3 exceptions. An unsworn written declaration given under penalty of perjury may not be substituted for (1) deposition, (2) an oath of office, or (3) a document required to be signed before a specified official other than a notary. Section 1746 also sets forth the language that must appear in the document in order for it to qualify as an unsworn declaration under penalty of perjury. If the document is executed within the United States, it must be subscribed to as follows: I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). SECTION 2 (Signature) Section 2 of the bill amends section 1621 of title 18, United States Code. Section 1621, the general perjury statute, provides felony penalties for someone who, under oath, "willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true . . ." The legislation amends section 1746 to include within its coverage an unsworn declaration under penalty of perjury. The legislation in no way changes the elements of the offense defined in section 1746. SECTION 3 Section 3 of H.R. 15531 amends a specific perjury statute in the same manner that section 2 of the bill amends the general perjury statute. The specific perjury statute involved is section 931 of title 10, United States Code, which relates to perjury in certain military proceedings. 126 U.S.C. §§ 6065, 7206(1). The United States Patent Office has promulgated regulations permitting the use of declarations subscribed to under penalty of 18 U.S.C. § 1001. See 37 C.F.R. §§ 1.68, 3.11a, 3.12a, 3.13a, 3.14a, 3.16a, 3.17a, 3.18a, 3.26a, 3.32a. Section 1001 of title 18, United States Code provides felony penalties when someone in any matter before a department or agency of the United States, makes a false writing or document knowing that it contains a false, fraudulent or fictitious statement. * California Penal Code § 118; California Code of Civil Procedure § 2015.5. 3 SECTION 4 Section 4 of the bill amends a specific perjury statute in the same manner as section 2 amends the general perjury statute. The specific perjury statute involved in section 152 of title 18, United States Code, which relates to bankruptcy proceedings. SECTION 5 Section 5 of H.R. 15531 amends a specific perjury statute in the same manner as section 2 amends the general perjury statute. The specific perjury statute involved is section 1546, of title 18, United States Code, which relates to making false statements in connection with passports, visas or immigration documents. SECTION Section 6 of the bill amends a specific perjury statute in the same manner that section 2 amends the general perjury statute. The specific perjury statute involved is section 1623 (a) of title 18, United States Code, which relates to false declarations before a grand jury or court. SECTION 7 Section 7 of H.R. 15531 amends a specific perjury statute in the same manner that section 2 amends the general perjury statute. The specific perjury statute involved is section 287 (b) of the Immigration and Nationality Act (8 U.S.C. § 1357 (b)), which relates to the taking of evidence by immigration officers. SECTION 8 Section 8 of the bill amends a specific perjury statute in the same manner that section 2 amends the general perjury statute. The specific statute involved is 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). SECTION 9 Section 9 of H.R. 15531 amends a specific perjury statute in the same manner that section 2 amends the general perjury statute. The specific perjury statute involved is section 4445 of the Revised Statutes of the United States (46 U.S.C. § 231), which relates to certificates filed by licensed masters, chief mates, engineers or pilots of ships. SECTION 10 Section 10 of the bill amends a specific perjury statute in the same manner that section 2 of the bill amends the general perjury statute. The specific perjury statute involved is section 26 of the Act entitled "An Act making appropriations 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 4 year ending June 30, 1920," approved June 30, 1919 (25 U.S.C. § 399), which relates to the filing of certain information with the Secretary of the Interior by lessees of unallotted mineral lands withdrawn from entry under mining laws. COST Pursuant to clause 7, rule XIII of the Rules of the House of Representatives, the Committee estimates that no new cost to the United States is entailed by H.R. 15531. NEW BUDGET AUTHORITY This legislation creates no new budget authority. STATEMENT OF THE COMMITTEE ON GOVERNMENT OPERATIONS No statement on this legislation has been received from the House Committee on Government Operations. INFLATION IMPACT STATEMENT H.R. 15531 will have no foreseeable inflationary impact on prices or costs in the operation of the national economy. OVERSIGHT The Committee makes no oversight findings. COMMITTEE VOTE H.R. 15531 was reported out of Committee on Wednesday, September 15, 1976, by a vote of 30-0. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED In compliance with clause 3 of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman): 1732. Record made in regular course of business; photographic copies. 1733. Government records and papers; copies. 1734. Court record lost or destroyed' generally. 1785. Court record lost or destroyed where United States interested. 1736, Congressional Journals. 1737. Copy of officer's bond. 1738. State and Territorial statutes and judicial proceedings; full faith and credit. 5 1739. State and Territorial nonjudicial records; full faith and credit. 1740. Copies of consular papers. 1741. Foreign official documents. 1742. [Repealed]. 1743. Demand on postmaster. 1744. Copies of patent office documents generally. 1745. Copies of foreign patent documents. 1746. Unsworn declarations under penalty of perjury. § 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 alty of perjury that the foregoing is true and correct. Executed on (date). pen (Signature)" § 152. Concealment of assets; false oaths and claims; bribery Whoever knowingly and fraudulently conceals from the receiver, custodian, trustee, marshal, or other officer of the court charged with the control or custody of property, or from creditors in any bankruptcy proceeding, any property belonging to the estate of a bankrupt; or Whoever knowingly and fraudulently makes a false oath or account in or in relation to any bankruptcy proceeding; or Whoever knowingly and fraudulently makes a false declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, in or in relation to any bankruptcy proceeding; or Whoever knowingly and fraudulently presents any false claim for proof against the estate of a bankrupt, or uses any such claim in any 6 bankruptcy proceeding, personally, or by agent, proxy, or attorney, or as agent, proxy, or attorney; or Whoever knowingly and fraudulently receives any material amount of property from a bankrupt after the filing of a bankruptcy proceeding, with intent to defeat the bankruptcy law; or Whoever knowingly and fraudulently gives, offers, receives or attempts to obtain any money or property, remuneration, compensation, reward, advantage, or promise thereof, for acting or forbearing to act in any bankruptcy proceeding; or Whoever, either individually or as an agent or officer of any person or corporation, in contemplation of a bankruptcy proceeding by or against him or any other person or corporation, or with intent to defeat the bankruptcy law, knowingly and fraudulently transfers or conceals any of his property or the property of such other person or corporation; or Whoever, after the filing of a bankruptcy proceeding or in contemplation thereof, knowingly and fraudulently conceals, destroys, mutilates, falsifies, or makes a false entry in any document affecting or relating to the property or affairs of a bankrupt; or Whoever, after the filing of a bankruptcy proceeding, knowingly and fraudulently withholds from the receiver, custodian, trustee, marshal, or other officer of the court entitled to its possession, any document affecting or relating to the property or affairs of a bankrupt. Shall be fined not more than $5,000 or imprisoned not more than five years, or both. * CHAPTER 75-PASSPORTS AND VISAS * * § 1546. Fraud and misuse of visas, permits, and other entry documents Whoever knowingly forges, counterfeits, alters, or falsely makes any immigrant or nonimmigrant visa, permit, or other document required for entry into the United States, or utters, uses, attempts to use, possesses, obtains, accepts, or receives any such visa, permit, or document, knowing it to be forged, counterfeited, altered, or falsely made, or to have been procured by means of any false claim or statement, or to have been otherwise procured by fraud or unlawfully obtained; or Whoever, except under direction of the Attorney General or the Commissioner of the Immigration and Naturalization Service, or other proper officer, knowingly possesses any blank permit, or engraves, sells, brings into the United States, or has in his control or possession any plate in the likeness of a plate designed for the printing of permits, or makes any print, photograph, or impression in the likeness of any immigrant or nonimmigrant, visa, permit or other document required for entry into the United States, or has in his possession a distinctive paper which has been adopted by the Attorney General or the Commissioner of the Immigration and Naturalization Service for the printing of such visas, permits, or documents; or Whoever, when applying for an immigrant or nonimmigrant visa, permit, or other document required for entry into the United States, |