28 U.S.C. § 1746 is a law which makes certain government filings the equivalent of testimony under oath in terms of making the person subject to criminal prosecution for perjury if the statement is false. Historically, only certain officials could administer an oath and there were formalities in making a sworn statement. Under this law, a person can go to a tavern, have a few drinks, sign a form with the language specified in 28 U.S.C. § 1746 printed in small print above the signature line, and be treated as if he had lied in open court after swearing on a bible.
28 U.S.C. § 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)”.