U.S. Code > Title 1 > Chapter 2 > § 112b - United States international agreements; transmission to Congress
Current as of: February 2010 (a) The Secretary of State shall transmit to the Congress the
text of any international agreement (including the text of any oral
international agreement, which agreement shall be reduced to
writing), other than a treaty, to which the United States is a
party as soon as practicable after such agreement has entered into
force with respect to the United States but in no event later than
sixty days thereafter. However, any such agreement the immediate
public disclosure of which would, in the opinion of the President,
be prejudicial to the national security of the United States shall
not be so transmitted to the Congress but shall be transmitted to
the Committee on Foreign Relations of the Senate and the Committee
on International Relations of the House of Representatives under an
appropriate injunction of secrecy to be removed only upon due
notice from the President. Any department or agency of the United
States Government which enters into any international agreement on
behalf of the United States shall transmit to the Department of
State the text of such agreement not later than twenty days after
such agreement has been signed.
(b) Not later than March 1, 1979, and at yearly intervals
thereafter, the President shall, under his own signature, transmit
to the Speaker of the House of Representatives and the chairman of
the Committee on Foreign Relations of the Senate a report with
respect to each international agreement which, during the preceding
year, was transmitted to the Congress after the expiration of the
60-day period referred to in the first sentence of subsection (a),
describing fully and completely the reasons for the late
transmittal.
(c) Notwithstanding any other provision of law, an international
agreement may not be signed or otherwise concluded on behalf of the
United States without prior consultation with the Secretary of
State. Such consultation may encompass a class of agreements rather
than a particular agreement.
(d)(1) The Secretary of State shall annually submit to Congress a
report that contains an index of all international agreements,
listed by country, date, title, and summary of each such agreement
(including a description of the duration of activities under the
agreement and the agreement itself), that the United States -
(A) has signed, proclaimed, or with reference to which any
other final formality has been executed, or that has been
extended or otherwise modified, during the preceding calendar
year; and
(B) has not been published, or is not proposed to be published,
in the compilation entitled "United States Treaties and Other
International Agreements".
(2) The report described in paragraph (1) may be submitted in
classified form.
(e)(1) Subject to paragraph (2), the Secretary of State shall
determine for and within the executive branch whether an
arrangement constitutes an international agreement within the
meaning of this section.
(2)(A) An arrangement shall constitute an international agreement
within the meaning of this section (other than subsection (c))
irrespective of the duration of activities under the arrangement or
the arrangement itself.
(B) Arrangements that constitute an international agreement
within the meaning of this section (other than subsection (c))
include the following:
(i) A bilateral or multilateral counterterrorism agreement.
(ii) A bilateral agreement with a country that is subject to a
determination under section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)),
section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2371(a)), or section 40(d) of the Arms Export Control Act (22
U.S.C. 2780(d)).
(f) The President shall, through the Secretary of State,
promulgate such rules and regulations as may be necessary to carry
out this section.Legislative History Prev ________________________________________________________________________
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