§ 112b. — United States international agreements; transmission to Congress.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 1USC112b]
TITLE 1--GENERAL PROVISIONS
CHAPTER 2--ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT; REPEALS;
SEALING OF INSTRUMENTS
Sec. 112b. United States international agreements; transmission
to Congress
(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 Foreign Affairs 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) 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.
(e) The President shall, through the Secretary of State, promulgate
such rules and regulations as may be necessary to carry out this
section.
(Added Pub. L. 92-403, Sec. 1, Aug. 22, 1972, 86 Stat. 619; amended Pub.
L. 95-45, Sec. 5, June 15, 1977, 91 Stat. 224; Pub. L. 95-426, title
VII, Sec. 708, Oct. 7, 1978, 92 Stat. 993; Pub. L. 103-437, Sec. 1, Nov.
2, 1994, 108 Stat. 4581.)
Amendments
1994--Subsec. (a). Pub. L. 103-437 substituted ``Committee on
Foreign Affairs'' for ``Committee on International Relations''.
1978--Pub. 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. (b)
to (e).
1977--Pub. 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.
Change of Name
Committee on Foreign Affairs of House of Representatives treated as
referring to Committee on International Relations of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.
Short Title
This section is popularly known as the Case-Zablocki Act.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in which the
report required by subsec. (b) of this section is listed on page 38),
see section 3003 of Pub. L. 104-66, as amended, set out as a note under
section 1113 of Title 31, Money and Finance.
Enforcement
Pub. L. 100-204, title I, Sec. 139, Dec. 22, 1987, 101 Stat. 1347,
provided that:
``(a) Restriction on Use of Funds.--If any international agreement,
whose text is required to be transmitted to the Congress pursuant to the
first sentence of subsection (a) of section 112b of title 1, United
States Code (commonly referred to as the `Case-Zablocki Act'), is not so
transmitted within the 60-day period specified in that sentence, then no
funds authorized to be appropriated by this or any other Act shall be
available after the end of that 60-day period to implement that
agreement until the text of that agreement has been so transmitted.
``(b) Effective Date.--Subsection (a) shall take effect 60 days
after the date of enactment of this Act [Dec. 22, 1987] and shall apply
during fiscal years 1988 and 1989.''
