BOP Program Statement 1315.08 § 11

28 U.S.C. § 1746 provides that an unsworn declaration under penalty of perjury may be used

with “like force and effect” as a sworn declaration, verification, certification, statement, oath, or

affidavit, when such action is required by any law, rule, regulation, order, or requirement of the

United States. Exceptions specified in the statute are a deposition, an oath of office, and an oath

required to be taken before a specified official other than a notary public.

Since most documents inmates sign are pursuant to a United States law, rule, or regulation, a

sworn oath is often not required.

When an unsworn declaration is not sufficient, 18 U.S.C. § 4004 authorizes specified Bureau

staff members to administer oaths and take acknowledgments of officers, staff, and inmates.

Thus, while state and local laws may often refer only to a notary public (or similar officials)

because they are the only officials authorized by state law to administer oaths and witness

signatures, Federal law also authorizes certain Bureau officials to perform such functions in

Federal prisons.

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Unsworn Declarations. Other than for the exceptions cited above, staff need not administer

oaths and witness inmate signatures on any documents to be filed in Federal courts or with

Federal agencies, unless directly instructed to do so by the Court or agency. Inmates may make

their own unsworn declaration on such documents by placing the following paragraph at the end

of the document:

"I declare (or certify, verify or state), under penalty of perjury, that the

foregoing is true and correct. Executed on (date)."

(Signature)

Oaths. Unsworn declarations are not legally sufficient for declarations on depositions, for oaths

of office, or for oaths required to be taken before an official other than a notary public. In

addition, documents for submission to state courts and state agencies may require a sworn

declaration. For such documents, it is Bureau policy to administer oaths prior to witnessing the

signatures of persons executing these documents.

a. Administering Oaths. Title 18 U.S.C. § 4004 provides:

“The wardens and superintendents, associate wardens and superintendents, chief clerks, and

record clerks, of Federal penal or correctional institutions, may administer oaths to and take

acknowledgments of officers, employees, and inmates of such institutions, but shall not demand

or accept any fee or compensation therefor.”

For the purpose of this program statement, institution Case Managers are considered to be chief

clerks and record clerks.

The person giving the oath must face the oath administrator and raise their right hand while the

administrator states:

“You do solemnly, sincerely, and truly swear that the various matters and things set forth in

this paper which you are about to sign before me are true, and that you do this under the

pains and penalties of perjury.”

After receiving the affirmative answer, the proper stamp is to be affixed in the necessary places,

and the paper(s) duly signed by parties in the places provided.

b. Administering Affirmations. Affirmations are to be offered for individuals who cannot or

do not wish to swear or take oaths.

The person giving the affirmation must face the affirmation administrator and raise their right

hand while the administrator states:

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“You do solemnly, sincerely, and truly affirm and declare that the various matters and things

set forth in this paper which you are about to sign before me are true, and that you do this

under the pains and penalties of perjury.”

After receiving the affirmative answer, the proper stamp is to be affixed in the necessary places,

and the paper(s) duly signed by parties in the places provided.

c. Stamps. The following shall be the wording of the stamps used:

(name), (title), Authorized by the Act of July 7, 1955, as amended, to administer

oaths (18 U.S.C. § 4004).

d. Validity of Witnessing. Any document witnessed without the initiator's taking the oath or

affirmation may be invalid. The witnessing of a person's signature in no way is a representation

by the witness as to the validity of the material or its contents but is an indication that the

document has been signed by the individual whose signature appears thereon.

Employee Responsibility. Each Warden will assign an employee to instruct appropriate

personnel in the proper procedures to follow in witnessing signatures and in giving affirmations.

Each person issued a stamp is responsible for its control and safekeeping, so it will not be

available to unauthorized persons.

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REFERENCES

Program Statements

Acceptance of Donations

Correspondence

Incoming Publications

Information Security

Inmate Discipline Program

Inmate Personal Property

Inmate Telephone Regulations

Pretrial Inmates

Release of Information

Searching, Detaining, or Arresting Visitors to Bureau Grounds and Facilities

Special Housing Units

Suicide Prevention Program

Trust Fund/Deposit Fund Manual

Visiting Regulations

Bureau Forms Prescribed by 1315.08

BP-A1155 E-Discovery Material Authorization

BP-A0241 Visiting Attorney Statement

BP-A0242 Paralegal or Legal Assistant Agreement

BP-A0243 Application to Enter Institution as Representative

Other Bureau Forms

BP-A0660 Criminal History Check

BP-199 Request for Withdrawal of Inmate’s Personal Funds

Federal Statutes

18 U.S.C. § 4004

28 U.S.C. § 1746

Federal Regulations

28 CFR §543.10-16

ACA Standards

Performance-Based Standards and Expected Practices for Adult Correctional Institutions (5th

Edition): 5-ACI-4A-22, 5-ACI-4A-23, 5-ACI-4A-27, 5-ACI-4B-22, 5-ACI-3D-01, 5-ACI-3D-

02, 5-ACI-3D-03, 5-ACI-7E-01

Performance-Based Standards and Expected Practices for Adult Local Detention Facilities (5th

Edition): 5-ALDF-2E-20, 5-ALDF-2E-23, 5-ALDF-2F-17, 5-ALDF-6A-01, 5-ALDF-6A-02,

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5-ALDF-6A-03, 5-ALDF-5B-03

Standards for the Administration of Correctional Agencies, 2nd Edition: 2-CO-5F-01

Records Retention Requirements

Requirements and retention guidance for records and information applicable to this program are

available in the Records and Information Disposition Schedule (RIDS) on the Bureau’s intranet

site.

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