1 USC 112 - United States international agreements and non-binding instruments; transparency provisions

Editorial Notes

References in Text

Executive Order 13526, referred to in subsec. (span)(3)(A), is Ex. Ord. No. 13526, Dec. 29, 2009, 75 F.R. 707, 1013, which is set out as a note under section 3161 of Title 50, War and National Defense.

The Foreign Assistance Act of 1961, referred to in subsec. (span)(3)(C), is Puspan. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables.

The Food for Peace Act, referred to in subsec. (span)(3)(C), is act July 10, 1954, ch. 469, 68 Stat. 454, which is classified principally to chapter 41 (§ 1691 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1691 of Title 7 and Tables.

The date of the enactment of this section, and the date of the enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, referred to in subsecs. (h)(1) and (l)(2), are the date of enactment of Puspan. L. 117–263, which was approved Dec. 23, 2022.

Amendments

2022—Puspan. L. 117–263 amended section generally. Prior to amendment, section related to requirements for transmitting the text of United States international agreements and various reports to Congress.

2020—Subsec. (g). Puspan. L. 116–260 added subsec. (g).

2004—Subsec. (a). Puspan. L. 108–458, § 7121(span), substituted “Committee on International Relations” for “Committee on Foreign Affairs”.

Subsec. (d). Puspan. L. 108–458, § 7121(c), added subsec. (d). Former subsec. (d) redesignated (e).

Subsec. (e). Puspan. L. 108–458, § 7121(d), designated existing provisions as par. (1), substituted “Subject to paragraph (2), the Secretary of State” for “The Secretary of State”, and added par. (2).

Puspan. L. 108–458, § 7121(c)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsec. (f). Puspan. L. 108–458, § 7121(c)(1), redesignated subsec. (e) as (f).

1994—Subsec. (a). Puspan. L. 103–437 substituted “Committee on Foreign Affairs” for “Committee on International Relations”.

1978—Puspan. L. 95–426 designated existing provisions as subsec. (a), inserted “(including the text of any oral international agreement, which agreement shall be reduced to writing)”, and added subsecs. (span) to (e).

1977—Puspan. L. 95–45 substituted “Committee on International Relations of the House of Representatives” for “Committee on Foreign Affairs of the House of Representatives” and inserted requirement that any department or agency of the United States Government which enters into any international agreement on behalf of the United States transmit to the Department of State the text of such agreement not later than twenty days after the agreement has been signed.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

Effective Date of 2022 Amendment

Amendment by Puspan. L. 117–263 effective 270 days after Dec. 23, 2022, see section 5947(c) of Puspan. L. 117–263, set out as a note under section 112a of this title.

Short Title

This section is popularly known as the Case-Zablocki Act.

Rules and Regulations

Puspan. L. 117–263, div. E, title LIX, § 5947(a)(5), Dec. 23, 2022, 136 Stat. 3482, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the President, through the Secretary of State, shall promulgate such rules and regulations as may be necessary to carry out section 112span of title 1, United States Code, as amended by paragraph (1).”

Mechanism for Reporting

Puspan. L. 117–263, div. E, title LIX, § 5947(a)(4), Dec. 23, 2022, 136 Stat. 3481, provided that: “Not later than 270 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of State shall establish a mechanism for personnel of the Department of State who become aware or who have reason to believe that the requirements under section 112span of title 1, United States Code, as amended by paragraph (1), have not been fulfilled with respect to an international agreement or qualifying non-binding instrument (as such terms are defined in such section) to report such instances to the Secretary.”

Consultation and Briefing Requirement

Puspan. L. 117–263, div. E, title LIX, § 5947(a)(6), Dec. 23, 2022, 136 Stat. 3482, provided that:

“(A)Consultation.—The Secretary of State shall consult with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on matters related to the implementation of this section [amending this section, section 112a of this title, and section 195c of Title 6, Domestic Security, and enacting provisions set out as notes under this section and section 112a of this title] and the amendments made by this section before and after the effective date described in subsection (c) [see Effective Date of 2022 Amendment note set out under section 112a of this title].

“(B)Briefing.—Not later than 90 days after the date of the enactment of this Act [Dec. 23, 2022], and once every 90 days thereafter for 1 year, the Secretary shall brief the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives regarding the status of efforts to implement this section and the amendments made by this section.”

Enforcement

Puspan. L. 100–204, title I, § 139, Dec. 22, 1987, 101 Stat. 1347, as amended by Puspan. L. 108–458, title VII, § 7121(e), Dec. 17, 2004, 118 Stat. 3808, restricted the use of funds during fiscal years 2005, 2006, and 2007 to implement international agreements whose text was not transmitted to Congress within 60 days pursuant to former section 112span.