Gambar halaman
PDF
ePub

9tr CONGRESS

1st SESSION

H. R. 11217

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 17, 1975 Mr. Wiggins introduced the following bill; which was referred to the Com

mittee on the Judiciary

A BILL

To amend titles 18 and 28 of the l'nited States Code to permit

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

1

Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

3 That (a) chapter 115 of title 28, U'nited States Code, is

4 amended by adding at the end thereof the following new

5 section:

6 " 1746. Unsworn declarations under penalty of perjury

7 "Whenever, under any law of the United States or un8 der any rule, regulation, order, or requirement made pur

suant to law, any matter is required or permitted to be sup

9

10 ported, evidenced, established, or proved by the sworn dec

I

2

1 laration, verification, certificate, statement, oath, or affidavit,

2 in writing of the person making the same (other than a dep3 osition, or an oath of office, or an oath required to be taken 4 before a specified official other than a notary public), such 5 matter may, with like force and effect, be supported, evi6 denced, established, or proved by the unsworn declaration,

7

certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of

8

9 perjury, and dated, in substantially the following form: 10 “(1) If executed any place, within or without the 11 United States: 'I declare (or certify, verify, or state) under 12 penalty of perjury under the laws of the United States of

13 America that the foregoing is true and correct. Executed

14

on (date).

15

(Signature)':

16

"(2) If executed within the United States, its terri

17

tories, possessions, or commonwealths: 'I declare (or cer18

tify, verify, or State) under penalty of perjury that the 19 foregoing is true and correct. Executed on (date). 20

(Signature)?”. 21

(b) The table of sections for chapter 115 of title 28, 22 United States Code, is amended by adding at the end the 23 following new item:

“1746. Unsworn declarations under penalty of perjury.".

3

1

SEC. 2. Section 1621 of title 18, United States Code,

[blocks in formation]

5

“(1) having taken an oath before a competent

6

tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be adminis

7

8

tered, that he will testify, declare, depose, or certify

9

truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully

10

11

and contrary to such oath states or subscribes any mate

12

rial matter which he does not believe to be true; or

13

14

“ (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

15

16

17

believe to be true;

18 is guilty or perjury and shall, except as otherwise expressly 19 provided by law, be fined not more than $2,000 or im20 prisoned not more than five years, or both. This section is 21 applicable whether the statement or subscription is made

22 within or without the United States.",

Union Calendar No. 821 H. R. 15531

94TH CONGRESS

2D SESSION

[Report No. 94-1616]

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 13, 1976 Mr. DANIELSON (for himself, Mr. WIGGINS, Mr. HUNGATE, Ms. HOLTZMAN, Mr.

Drinan, and Mr. HYDE) introduced the following bill; which was referred to the Committee on the Judiciary

SEPTEMBER 20, 1976 Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

To permit the use of unsworn declarations under penalty of

perjury as evidence in Federal proceedings. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That (a) chapter 115 of title 28, United States Code, is 4 amended by adding at the end thereof the following new

5 section:

6 " 1746. Unsworn declarations under penalty of perjury

7 “Wherever, under any law of the United States or un8 der any rule, regulation, order, or requirement made pur9 suant to law, any matter is required or permitted to be sup10 ported, evidenced, established, or proved by the sworn dec

I

2

1 laration, verification, certificate, statement, oath, or affidavit, 2 in writing of the person making the same (other than a dep3 osition, or an oath of office, or an oath required to be taken 4 before a specified official other than a notary public), such 5 matter may, with like force and effect, be supported, evi6 denced, established, or proved by the unsworn declaration, 7 certificate, verification, or statement, in writing of such per8 son which is subscribed by him, as true under penalty of 9 perjury, and dated, in substantially the following form: 10 “(1) If executed without the United States: 'I declare 11 (or certify, verify, or state) under penalty of perjury under 12 the laws of the United States of America that the foregoing 13 is true and correct. Executed on (date). 14

(Signature)'. 15 “(2) If executed within the United States, its terri16 tories, possessions, or commonwealths: 'I declare (or cer17 tify, verify, or state) under penalty of perjury that the 18 foregoing is true and correct. Executed on (date). 19

(Signature)?. 20 (b) The table of sections for chapter 115 of title 28, 21 United States Code, is amended by adding at the end the

22 following new item:

“1746. Unsworn declarations under penalty of perjury.".

SEC. 2. Section 1621 of title 18, United States Code,

23

24 is amended to read as follows:

« SebelumnyaLanjutkan »