CHAPTER 2—ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT; REPEALS; SEALING OF INSTRUMENTS

        

        

Editorial Notes

Amendments

2022—Pub. L. 117–263, div. E, title LIX, §5947(a)(2), Dec. 23, 2022, 136 Stat. 3481, added item 112b and struck out former item 112b "United States international agreements; transmission to Congress".

1972—Pub. L. 92–403, §2, Aug. 22, 1972, 86 Stat. 619, added item 112b.

1966—Pub. L. 89–497, §2, July 8, 1966, 80 Stat. 271, inserted "slip laws; Treaties and Other International Acts Series;" in item 113.

1951—Act Oct. 31, 1951, ch. 655, §2(a), 65 Stat. 710, added items 106a and 106b.

1950—Act Sept. 23, 1950, ch. 1001, §3, 64 Stat. 980, added item 112a.

¹ So in original. Does not conform to section catchline.

§101. Enacting clause

The enacting clause of all Acts of Congress shall be in the following form: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled."

(July 30, 1947, ch. 388, 61 Stat. 634.)

§102. Resolving clause

The resolving clause of all joint resolutions shall be in the following form: "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled."

(July 30, 1947, ch. 388, 61 Stat. 634.)

§103. Enacting or resolving words after first section

No enacting or resolving words shall be used in any section of an Act or resolution of Congress except in the first.

(July 30, 1947, ch. 388, 61 Stat. 634.)

§104. Numbering of sections; single proposition

Each section shall be numbered, and shall contain, as nearly as may be, a single proposition of enactment.

(July 30, 1947, ch. 388, 61 Stat. 634.)

§105. Title of appropriation Acts

The style and title of all Acts making appropriations for the support of Government shall be as follows: "An Act making appropriations (here insert the object) for the year ending September 30 (here insert the calendar year)."

(July 30, 1947, ch. 388, 61 Stat. 634; Pub. L. 93–344, title V, §506(a), July 12, 1974, 88 Stat. 322.)

Editorial Notes

Amendments

1974—Pub. L. 93–344 substituted "September 30" for "June 30".

Statutory Notes and Related Subsidiaries

Effective Date of 1974 Amendment

Pub. L. 93–344, title V, §506(b), July 12, 1974, 88 Stat. 322, which provided that the amendment of this section by Pub. L. 93–344 was effective with respect to Acts making appropriations for the support of the Government for any fiscal year commencing on or after Oct. 1, 1976, was omitted in the complete revision of title V of Pub. L. 93–344 by Pub. L. 101–508, title XIII, §13201(a), Nov. 5, 1990, 104 Stat. 1388–609.

§106. Printing bills and joint resolutions

Every bill or joint resolution in each House of Congress shall, when such bill or resolution passes either House, be printed, and such printed copy shall be called the engrossed bill or resolution as the case may be. Said engrossed bill or resolution shall be signed by the Clerk of the House or the Secretary of the Senate, and shall be sent to the other House, and in that form shall be dealt with by that House and its officers, and, if passed, returned signed by said Clerk or Secretary. When such bill, or joint resolution shall have passed both Houses, it shall be printed and shall then be called the enrolled bill, or joint resolution, as the case may be, and shall be signed by the presiding officers of both Houses and sent to the President of the United States. During the last six days of a session such engrossing and enrolling of bills and joint resolutions may be done otherwise than as above prescribed, upon the order of Congress by concurrent resolution.

(July 30, 1947, ch. 388, 61 Stat. 634.)

Statutory Notes and Related Subsidiaries

Reference to OBRA; Effective Date; Ratification of Enrollment Corrections and Printed Enrollment

Pub. L. 100–360, title IV, §411(a), July 1, 1988, 102 Stat. 768, provided that:

"(1) Reference.—In this section, the term 'OBRA' refers to the Omnibus Budget Reconciliation Act of 1987 (Public Law 100–203) [Pub. L. 100–203, Dec. 22, 1987, 101 Stat. 1330, see Tables for classification].

"(2) Effective date.—Except as specifically provided in this section, the amendments made by this section [amending sections 254o, 294f, 300aa–12, 300aa–15, 300aa–21, 426, 704, 912, 1320a–7, 1320a–7a, 1320a–7b, 1320b–5, 1320b–7, 1320b–8, 1320c–3, 1320c–5, 1320c–9, 1395e, 1395h, 1395i–2, 1395i–3, 1395k, 1395l, 1395m, 1395u, 1395w–1, 1395w–2, 1395x, 1395y, 1395aa, 1395bb, 1395cc, 1395dd, 1395gg, 1395mm, 1395ss, 1395tt, 1395ww, 1395aaa, 1395bbb, 1395ccc, 1396a, 1396b, 1396d, 1396j, 1396n, 1396o, 1396p, 1396r, 1396r–1, 1396r–3, 1396r–4, 1396s, and 1397d of Title 42, The Public Health and Welfare, amending provisions set out as notes under sections 426, 1320a–7a, 1320c–2, 1320c–3, 1395b–1, 1395h, 1395i–3, 1395l, 1395m, 1395n, 1395u, 1395w–1, 1395x, 1395aa, 1395dd, 1395mm, 1395ss, 1395ww, 1395bbb, 1396a, 1396b, and 1396r of Title 42, and repealing provisions set out as notes under section 1395l of Title 42], as they relate to a provision in OBRA, shall be effective as if they were included in the enactment of that provision in OBRA.

"(3) Ratification of enrollment corrections and printed enrollment.—

"(A) In general.—Except as provided in subparagraph (B), the enrollment corrections noted in footnotes numbered 9 through 72 of OBRA are hereby ratified and shall be considered to have been enacted as part of OBRA. The printed enrollment of title IV of OBRA [Pub. L. 100–203, title IV, Dec. 22, 1987, 101 Stat. 1330–39], as prepared and printed under section 8004 of OBRA [section 8004 of Pub. L. 100–203, set out below] (including the footnote corrections described in subparagraph (B) and as incorporating the clarifications described in subparagraph (C)), shall be deemed to constitute title IV of OBRA as enacted.

"(B) Footnote corrections.—(i) With respect to the reference to which footnote 28 relates (101 Stat. 1330–81), the reference shall be deemed to have read '1320a–7b)'.

"(ii) With respect to the word to which footnote 30 relates (101 Stat. 1330–91), the word shall be deemed to have read 'the'.

"(iii) With respect to the designation to which footnote 52 relates (101 Stat. 1330–151), the designation shall be deemed to have read '(F)'.

"(C) Clarifications of illegible matter.—(i) Section 1842(n)(1)(A) of the Social Security Act, as added by section 4051(a) of OBRA (101 Stat. 1330–93) [42 U.S.C. 1395m(n)(1)(A)], is deemed to have the phrase 'the supplier's reasonable charge to individuals enrolled under this part for the test' immediately after 'or, if lower, the'.

"(ii) Section 1834(a)(7)(B)(i) of the Social Security Act, as inserted by section 4062(b) of OBRA (101 Stat. 1330–103) [42 U.S.C. 1395m(a)(7)(B)(i)], is deemed to have a reference to '1987' immediately after 'December'."

Printed Enrollments Prepared After Enactment

Pub. L. 106–93, Nov. 10, 1999, 113 Stat. 1310, provided: "That the provisions of sections 106 and 107 of title 1, United States Code, are waived for the remainder of the first session of the One Hundred Sixth Congress with respect to the printing (on parchment or otherwise) of the enrollment of any bill or joint resolution making general appropriations or continuing appropriations for the fiscal year ending September 30, 2000. The enrollment of any such bill or joint resolution shall be in such form as the Committee on House Administration of the House of Representatives certifies to be a true enrollment."

Pub. L. 105–253, Oct. 12, 1998, 112 Stat. 1887, provided: "That the provisions of sections 106 and 107 of title 1, United States Code, are waived for the remainder of the One Hundred Fifth Congress with respect to the printing (on parchment or otherwise) of the enrollment of any bill or joint resolution making general appropriations or continuing appropriations for the fiscal year ending September 30, 1999. The enrollment of any such bill or joint resolution shall be in such form as the Committee on House Oversight of the House of Representatives certifies to be a true enrollment."

Pub. L. 105–120, Nov. 26, 1997, 111 Stat. 2527, provided: "That the provisions of sections 106 and 107 of title 1, United States Code, are waived for the balance of the first session of the One Hundred Fifth Congress with respect to the printing (on parchment or otherwise) of the enrollment of any bill or joint resolution making general appropriations for the fiscal year ending on September 30, 1998, or continuing appropriations for the fiscal year ending on September 30, 1998. The enrollment of any such bill or joint resolution shall be in such form as the Committee on House Oversight of the House of Representatives certifies to be a true enrollment."

Pub. L. 105–32, Aug. 1, 1997, 111 Stat. 250, provided: "That the provisions of sections 106 and 107 of title 1, United States Code, are waived with respect to the printing (on parchment or otherwise) of the enrollment of H.R. 2014 [Pub. L. 105–34, Aug. 5, 1997, 111 Stat. 788] and of H.R. 2015 [Pub. L. 105–33, Aug. 5, 1997, 111 Stat. 251] of the One Hundred Fifth Congress. The enrollment of each of those bills shall be in such form as the Committee on House Oversight of the House of Representatives certifies to be a true enrollment."

Pub. L. 104–207, Sept. 30, 1996, 110 Stat. 3008, provided that:

"SECTION 1. WAIVER OF REQUIREMENT FOR PARCHMENT PRINTING.

"(a) Waiver.—The provisions of sections 106 and 107 of title 1, United States Code, are waived with respect to the printing (on parchment or otherwise) of the enrollment of any appropriation measure of the One Hundred Fourth Congress presented to the President after the enactment of this joint resolution [Sept. 30, 1996].

"(b) Certification of Enrollment by Committee on House Oversight.—The enrollment of any such measure shall be in such form as the Committee on House Oversight of the House of Representatives certifies to be a true enrollment.

"SEC. 2. APPROPRIATION MEASURE DEFINED.

"For purposes of this joint resolution, the term 'appropriation measure' means a bill or joint resolution that includes provisions making general or continuing appropriations for the fiscal year ending September 30, 1997."

Pub. L. 104–129, Apr. 9, 1996, 110 Stat. 1199, provided: "That the provisions of sections 106 and 107 of title 1, United States Code, are waived with respect to the printing (on parchment or otherwise) of the enrollment of H.R. 3019 [Pub. L. 104–134, Apr. 26, 1996, 110 Stat. 1321] and the enrollment of H.R. 3136 [Pub. L. 104–121, Mar. 29, 1996, 110 Stat. 847], each of the One Hundred Fourth Congress. The enrollment of either such bill shall be in such form as the Committee on House Oversight of the House of Representatives certifies to be a true enrollment."

Pub. L. 104–56, title II, §§201, 202, Nov. 20, 1995, 109 Stat. 553, provided that:

"SEC. 201. WAIVER OF REQUIREMENT FOR PARCHMENT PRINTING.

"(a) Waiver.—The provisions of sections 106 and 107 of title 1, United States Code, are waived with respect to the printing (on parchment or otherwise) of the enrollment of any of the following measures of the first session of the One Hundred Fourth Congress presented to the President after the enactment of this joint resolution [Nov. 20, 1995]:

"(1) A continuing resolution.

"(2) A debt limit extension measure.

"(3) A reconciliation bill.

"(b) Certification by Committee on House Oversight.—The enrollment of a measure to which subsection (a) applies shall be in such form as the Committee on House Oversight of the House of Representatives certifies to be a true enrollment.

"SEC. 202. DEFINITIONS.

"As used in this joint resolution:

"(1) Continuing resolution.—The term 'continuing resolution' means a bill or joint resolution that includes provisions making further continuing appropriations for fiscal year 1996.

"(2) Debt limit extension measure.—The term 'debt limit extension measure' means a bill or joint resolution that includes provisions increasing or waiving (for a temporary period or otherwise) the public debt limit under section 3101(b) of title 31, United States Code.

"(3) Reconciliation bill.—The term 'reconciliation bill' means a bill that is a reconciliation bill within the meaning of section 310 of the Congressional Budget Act of 1974 [2 U.S.C. 641]."

Identical provisions were contained in Pub. L. 104–54, title II, §§201, 202, Nov. 19, 1995, 109 Stat. 545.

Pub. L. 102–387, Oct. 6, 1992, 106 Stat. 1519, provided: "That the provisions of sections 106 and 107 of title 1, United States Code, are waived with respect to the printing (on parchment or otherwise) of the enrollment of any appropriation bill of the One Hundred Second Congress hereafter to be presented to the President. Such an enrollment shall be in such form as the Committee on House Administration of the House of Representatives certifies to be a true enrollment. As used in this resolution, the term 'appropriation bill' means a bill or joint resolution making or continuing appropriations for the fiscal year ending September 30, 1993."

Pub. L. 102–260, Mar. 20, 1992, 106 Stat. 85, provided that:

"SECTION 1. WAIVER OF REQUIREMENT FOR PARCHMENT PRINTING.

"The provisions of sections 106 and 107 of title 1, United States Code, are waived with respect to the printing (on parchment or otherwise) of the enrollment of H.R. 4210 of the 102d Congress [H.R. 4210 was vetoed by the President on Mar. 20, 1992].

"SEC. 2. CERTIFICATION BY COMMITTEE ON HOUSE ADMINISTRATION.

"The enrollment of H.R. 4210 of the 102d Congress shall be in such form as the Committee on House Administration of the House of Representatives certifies to be a true enrollment."

Pub. L. 101–497, Oct. 31, 1990, 104 Stat. 1205, provided that:

"SECTION 1. WAIVER OF REQUIREMENT FOR PARCHMENT PRINTING OF ENROLLMENT OF CERTAIN MEASURES.

"(a) Waiver.—The provisions of sections 106 and 107 of title 1, United States Code, are waived with respect to the printing (on parchment or otherwise) of the enrollment of S. 2830 [Pub. L. 101–624, Nov. 28, 1990, 104 Stat. 3359].

"(b) Certification of Enrollment by the Secretary of the Senate.—The enrollment of S. 2830 shall be in such form as the Secretary of the Senate certifies to be a true enrollment.

"SEC. 2. SUBSEQUENT PREPARATION AND CERTIFICATION OF PRINTED ENROLLMENT.

"(a) Preparation.—

"(1) In general.—If S. 2830 is presented to the President in the form of a hand enrollment pursuant to the authority of section 1, then upon the enactment of that bill the Secretary of the Senate shall prepare a printed enrollment of the bill as in the case of a bill to which sections 106 and 107 of title 1, United States Code, apply.

"(2) Typographical corrections.—A printed enrollment prepared pursuant to paragraph (1) may, in order to conform to customary style for printed laws, include corrections in indentation, type face, and type size and may include notations (in the margins or as otherwise appropriate) of obvious errors in spelling or punctuation in the hand enrollment.

"(b) Transmittal to President.—A printed enrollment prepared pursuant to subsection (a), after being certified by the Secretary of the Senate to be a correct printing of the hand enrollment, shall be signed by the presiding officer of each House of Congress and transmitted to the President.

"(c) Certification by President; Preservation in Archives.—Upon certification by the President that a printed enrollment transmitted pursuant to subsection (b) is a correct printing of the hand enrollment, such printed enrollment shall be transmitted to the Archivist of the United States, who shall preserve it with the hand enrollment.

"(d) Publication of Law.—In preparing the bill or joint resolution for publication in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall use the printed enrollment certified by the President under subsection (c) in lieu of the hand enrollment.

"SEC. 3. DEFINITIONS.

"As used in this resolution:

"(1) [sic] Hand enrollment.—The term 'hand enrollment' means the enrollment, as authorized by section 1, of a bill or joint resolution for presentment to the President in a form other than the printed form required by sections 106 and 107 of title 1, United States Code."

Pub. L. 101–466, Oct. 27, 1990, 104 Stat. 1084, provided that:

"SECTION 1. WAIVER OF REQUIREMENT FOR PARCHMENT PRINTING OF ENROLLMENT OF CERTAIN MEASURES.

"(a) Waiver.—The provisions of sections 106 and 107 of title 1, United States Code, are waived with respect to the printing (on parchment or otherwise) of the enrollment of any reconciliation bill, appropriation bill, or continuing resolution of the One Hundred First Congress presented to the President after the enactment of this joint resolution [Oct. 27, 1990].

"(b) Certification of Enrollment by Committee on House Administration.—The enrollment of any such bill or joint resolution shall be in such form as the Committee on House Administration of the House of Representatives certifies to be a true enrollment.

"SEC. 2. SUBSEQUENT PREPARATION AND CERTIFICATION OF PRINTED ENROLLMENT.

"(a) Preparation.—

"(1) In general.—If a reconciliation bill, appropriation bill, or continuing resolution is presented to the President in the form of a hand enrollment pursuant to the authority of section 1, then upon the enactment of that bill or joint resolution the Clerk of the House of Representatives shall prepare a printed enrollment of the bill or joint resolution as in the case of a bill or joint resolution to which sections 106 and 107 of title 1, United States Code, apply.

"(2) Typographical corrections.—A printed enrollment prepared pursuant to paragraph (1) may, in order to conform to customary style for printed laws, include corrections in indentation, type face, and type size and may include notations (in the margins or as otherwise appropriate) of obvious errors in spelling or punctuation in the hand enrollment.

"(b) Transmittal to President.—A printed enrollment prepared pursuant to subsection (a), after being certified by the Committee on House Administration of the House of Representatives to be a correct printing of the hand enrollment, shall be signed by the presiding officer of each House of Congress and transmitted to the President.

"(c) Certification by President; Preservation in Archives.—Upon certification by the President that a printed enrollment transmitted pursuant to subsection (b) is a correct printing of the hand enrollment, such printed enrollment shall be transmitted to the Archivist of the United States, who shall preserve it with the hand enrollment.

"(d) Publication of Law.—In preparing the bill or joint resolution for publication in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall use the printed enrollment certified by the President under subsection (c) in lieu of the hand enrollment.

"SEC. 3. DEFINITIONS.

"As used in this resolution:

"(1) Reconciliation bill.—The term 'reconciliation bill' means a bill to provide for reconciliation pursuant to section 4 of the concurrent resolution on the budget for fiscal year 1991.

"(2) Appropriation bill.—The term 'appropriation bill' means a general appropriation bill making appropriations for the fiscal year ending September 30, 1991.

"(3) Continuing resolution.—The term 'continuing resolution' means a joint resolution making continuing appropriations for the fiscal year 1991.

"(4) Hand enrollment.—The term 'hand enrollment' means the enrollment, as authorized by section 1, of a bill or joint resolution for presentment to the President in a form other than the printed form required by sections 106 and 107 of title 1, United States Code."

Pub. L. 100–454, Sept. 29, 1988, 102 Stat. 1914, provided that:

"SECTION 1. HAND ENROLLMENT AUTHORIZED FOR GENERAL APPROPRIATIONS BILLS.

"(a) Waiver of Certain Laws With Respect to Printing of Enrolled Bills.—During the remainder of the second session of the One Hundredth Congress, the provisions of sections 106 and 107 of title 1, United States Code, are waived with respect to the printing (on parchment or otherwise) of the enrollment of any general appropriations bill making appropriations for the fiscal year ending September 30, 1989.

"(b) Certification by Committee on House Administration.—The enrollment of any such bill shall be in such form as the Committee on House Administration of the House of Representatives certifies to be a true enrollment.

"SEC. 2. SUBSEQUENT PREPARATION AND CERTIFICATION OF PRINTED ENROLLMENTS.

"(a) Preparation.—

"(1) In general.—Upon the enactment of a bill following presentment of such bill to the President in the form of a hand enrollment pursuant to the authority of section 1 of this resolution, the Clerk of the House of Representatives shall prepare a printed enrollment of that bill as in the case of a bill to which sections 106 and 107 of title 1, United States Code, apply.

"(2) Limited stylistic corrections.—A printed enrollment prepared pursuant to paragraph (1) may, in order to conform to customary style for printed laws, include corrections in spelling, punctuation, indentation, type face, and type size and other necessary stylistic corrections to the hand enrollment. Such a printed enrollment shall include notations (in the margins or as otherwise appropriate) of all such corrections.

"(b) Transmittal to President.—A printed enrollment prepared pursuant to subsection (a) shall be signed by the presiding officer of each House of Congress as a correct printing of the hand enrollment and shall be transmitted to the President.

"(c) Certification by President; Legal Effect.—Upon certification by the President that a printed enrollment transmitted pursuant to subsection (b) is a correct printing of the hand enrollment, such printed enrollment shall be considered for all purposes as the original enrollment of the bill concerned and as valid evidence of the enactment of that bill.

"(d) Archives.—A printed enrollment certified by the President under subsection (c) shall be transmitted to the Archivist of the United States, who shall preserve it with the hand enrollment. In preparing the bill concerned for publication in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall use the printed enrollment certified by the President under subsection (c) in lieu of the hand enrollment.

"(e) Hand Enrollment Defined.—As used in this section, the term 'hand enrollment' means the enrollment, as authorized by section 1, of a bill for presentment to the President in a form other than the printed form required by sections 106 and 107 of title 1, United States Code."

Pub. L. 100–203, title VIII, §8004, Dec. 22, 1987, 101 Stat. 1330–282, provided that:

"(a) Preparation of Printed Enrollment.—(1) Upon the enactment of this Act enrolled as a hand enrollment, the Clerk of the House of Representatives shall prepare a printed enrollment of this Act as in the case of a bill or joint resolution to which sections 106 and 107 of title 1, United States Code, apply. Such enrollment shall be a correct enrollment of this Act as enrolled in the hand enrollment.

"(2) A printed enrollment prepared pursuant to paragraph (1) may, in order to conform to customary style for printed laws, include corrections in spelling, punctuation, indentation, type face, and type size and other necessary stylistic corrections to the hand enrollment. Such a printed enrollment shall include notations (in the margins or as otherwise appropriate) of all such corrections.

"(b) Transmittal to President.—A printed enrollment prepared pursuant to subsection (a) shall be signed by the presiding officers of both Houses of Congress as a correct printing of the hand enrollment of this Act and shall be transmitted to the President.

"(c) Certification by President; Legal Effect.—Upon certification by the President that a printed enrollment transmitted pursuant to subsection (b) is a correct printing of the hand enrollment of this Act, such printed enrollment shall be considered for all purposes as the original enrollment of this Act and as valid evidence of the enactment of this Act.

"(d) Archives.—A printed enrollment certified by the President under subsection (c) shall be transmitted to the Archivist of the United States, who shall preserve it with the hand enrollment. In preparing this Act for publication in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall use the printed enrollment certified by the President under subsection (c) in lieu of the hand enrollment.

"(e) Hand Enrollment Defined.—As used in this section, the term 'hand enrollment' means enrollment in a form other than the printed form required by sections 106 and 107 of title 1, United States Code, as authorized by the joint resolution entitled 'Joint resolution authorizing the hand enrollment of the budget reconciliation bill and of the full-year continuing resolution for fiscal year 1988', approved December 1987 (H.J. Res. 426 of the 100th Congress) [Pub. L. 100–199, Dec. 21, 1987, 101 Stat. 1326]."

Pub. L. 100–202, §101(n), Dec. 22, 1987, 101 Stat. 1329–432, provided that:

"(1) Upon the enactment of this resolution enrolled as a hand enrollment, the Clerk of the House of Representatives shall prepare a printed enrollment of this resolution as in the case of a bill or joint resolution to which sections 106 and 107 of title 1, United States Code, apply. Such enrollment shall be a correct enrollment of this resolution as enrolled in the hand enrollment.

"(2) A printed enrollment prepared pursuant to subsection (n)(1) may, in order to conform to customary style for printed laws, include corrections in spelling, punctuation, indentation, type face, and type size and other necessary stylistic corrections to the hand enrollment. Such a printed enrollment shall include notations (in the margins or as otherwise appropriate) of all such corrections.

"(3) A printed enrollment prepared pursuant to subsection (n)(1) shall be signed by the presiding officers of both Houses of Congress as a correct printing of the hand enrollment of this resolution and shall be transmitted to the President.

"(4) Upon certification by the President that a printed enrollment transmitted pursuant to subsection (n)(3) is a correct printing of the hand enrollment of this resolution, such printed enrollment shall be considered for all purposes as the original enrollment of this resolution and as valid evidence of the enactment of this resolution.

"(5) A printed enrollment certified by the President under subsection (n)(4) shall be transmitted to the Archivist of the United States, who shall preserve it with the hand enrollment. In preparing this resolution for publication in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall use the printed enrollment certified by the President under subsection (n)(4) in lieu of the hand enrollment.

"(6) As used in this section, the term 'hand enrollment' means enrollment in a form other than the printed form required by sections 106 and 107 of title 1, United States Code, as authorized by the joint resolution entitled 'Joint resolution authorizing the hand enrollment of the budget reconciliation bill and of the full-year continuing resolution for fiscal year 1988', approved December 1987 (H.J. Res. 426 of the 100th Congress) [Pub. L. 100–199, Dec. 21, 1987, 101 Stat. 1326]."

Executive Documents

Certification of Printed Enrollments of Certain Public Laws

Memorandum of the President of the United States, Jan. 10, 1991, 56 F.R. 1481, provided:

Memorandum for the Archivist of the United States

By the authority vested in me as President by the Constitution and laws of the United States, including Section 301 of Title 3 of the United States Code, I hereby authorize you to ascertain whether the printed enrollment of H.R. 5835, the Omnibus Budget Reconciliation Act of 1990 (Public Law 101–508), approved on November 5, 1990, is a correct printing of the hand enrollment and if so to make on my behalf the certification specified in Section 2(c) of H.J. Res. 682 (Public Law 101–466) [set out as a note above].

Attached is the printed enrollment that was received at the White House on January 7, 1991.

This memorandum shall be published in the Federal Register.

George Bush.      

Memorandum of the President of the United States, Dec. 12, 1988, 53 F.R. 50373, provided:

Memorandum for the Archivist of the United States

By the authority vested in me as President by the Constitution and laws of the United States, including Section 301 of Title 3 of the United States Code, I hereby authorize you to ascertain whether the printed enrollments of H.R. 4637, the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100–461), H.R. 4776, the District of Columbia Appropriations Act, 1989 (Public Law 100–462), and H.R. 4781, the Department of Defense Appropriations Act, 1989 (Public Law 100–463), are correct printings of the hand enrollments, which were approved on October 1, 1988, and if so to make on my behalf the certifications required by Section 2(c) of H.J. Res. 665 (Public Law 100–454) [set out as a note above].

Attached are the printed enrollments of H.R. 4637, H.R. 4776, and H.R. 4781, which were received at the White House on December 1, 1988.

This memorandum shall be published in the Federal Register.

Ronald Reagan.      

Memorandum of the President of the United States, Jan. 28, 1988, 53 F.R. 2816, provided:

Memorandum for the Archivist of the United States

By the authority vested in me as President by the Constitution and laws of the United States, including Section 301 of Title 3 of the United States Code, I hereby authorize you to ascertain whether the printed enrollments of H.J. Res. 395, Joint Resolution making further continuing appropriations for the fiscal year 1988 (Public Law 100–202), and H.R. 3545, the Omnibus Budget Reconciliation Act of 1987 (Public Law 100–203), are correct printings of the hand enrollments, which were approved on December 22, 1987, and if so to make on my behalf the certifications required by Section 101(n)(4) of H.J. Res. 395 and Section 8004(c) of H.R. 3545 [set out as notes above].

Attached are the printed enrollments of H.J. Res. 395 and H.R. 3545, which were received at the White House on January 27, 1988.

This memorandum shall be published in the Federal Register.

Ronald Reagan.      

§106a. Promulgation of laws

Whenever a bill, order, resolution, or vote of the Senate and House of Representatives, having been approved by the President, or not having been returned by him with his objections, becomes a law or takes effect, it shall forthwith be received by the Archivist of the United States from the President; and whenever a bill, order, resolution, or vote is returned by the President with his objections, and, on being reconsidered, is agreed to be passed, and is approved by two-thirds of both Houses of Congress, and thereby becomes a law or takes effect, it shall be received by the Archivist of the United States from the President of the Senate, or Speaker of the House of Representatives in whichsoever House it shall last have been so approved, and he shall carefully preserve the originals.

(Added Oct. 31, 1951, ch. 655, §2(b), 65 Stat. 710; amended Pub. L. 98–497, title I, §107(d), Oct. 19, 1984, 98 Stat. 2291.)

Editorial Notes

Amendments

1984—Pub. L. 98–497 substituted "Archivist of the United States" for "Administrator of General Services" in two places.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.

Similar Provisions; Repeal; Saving Clause; Delegation of Functions; Transfer of Property and Personnel

Similar provisions were contained in R.S. §204; act Dec. 28, 1874, ch. 9, §2, 18 Stat. 294; 1950 Reorg. Plan No. 20, §1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1272, which with the exception of the reorganization plan, were repealed by section 56(h) of act Oct. 31, 1951. Subsec. (l) of that section 56 provided that the repeal should not affect any rights or liabilities existing under those statutes on the effective date of the repeal (Oct. 31, 1951). For delegation of functions under the repealed statutes, and transfer of records, property, personnel, and funds, see sections 3 and 4 of 1950 Reorg. Plan No. 20, set out in the Appendix to Title 5, Government Organization and Employees.

§106b. Amendments to Constitution

Whenever official notice is received at the National Archives and Records Administration that any amendment proposed to the Constitution of the United States has been adopted, according to the provisions of the Constitution, the Archivist of the United States shall forthwith cause the amendment to be published, with his certificate, specifying the States by which the same may have been adopted, and that the same has become valid, to all intents and purposes, as a part of the Constitution of the United States.

(Added Oct. 31, 1951, ch. 655, §2(b), 65 Stat. 710; amended Pub. L. 98–497, title I, §107(d), Oct. 19, 1984, 98 Stat. 2291.)

Editorial Notes

Amendments

1984—Pub. L. 98–497 substituted "National Archives and Records Administration" and "Archivist of the United States" for "General Services Administration" and "Administrator of General Services", respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.

Similar Provisions; Repeal; Saving Clause; Delegation of Functions; Transfer of Property and Personnel

Similar provisions were contained in R.S. §205; 1950 Reorg. Plan No. 20, §1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1272. R.S. §205 was repealed by section 56(h) of act Oct. 31, 1951. Subsec. (l) of section 56 provided that the repeal should not affect any rights or liabilities existing under the repealed statute on the effective date of the repeal (Oct. 31, 1951). For delegation of functions under the repealed statute, and transfer of records, property, personnel, and funds, see sections 3 and 4 of 1950 Reorg. Plan No. 20, set out in the Appendix to Title 5, Government Organization and Employees.

§107. Parchment or paper for printing enrolled bills or resolutions

Enrolled bills and resolutions of either House of Congress shall be printed on parchment or paper of suitable quality as shall be determined by the Joint Committee on Printing.

(July 30, 1947, ch. 388, 61 Stat. 635.)

§108. Repeal of repealing act

Whenever an Act is repealed, which repealed a former Act, such former Act shall not thereby be revived, unless it shall be expressly so provided.

(July 30, 1947, ch. 388, 61 Stat. 635.)

§109. Repeal of statutes as affecting existing liabilities

The repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the repealing Act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability. The expiration of a temporary statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the temporary statute shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability.

(July 30, 1947, ch. 388, 61 Stat. 635.)

§110. Saving clause of Revised Statutes

All acts of limitation, whether applicable to civil causes and proceedings, or to the prosecution of offenses, or for the recovery of penalties or forfeitures, embraced in the Revised Statutes and covered by the repeal contained therein, shall not be affected thereby, but all suits, proceedings, or prosecutions, whether civil or criminal, for causes arising, or acts done or committed prior to said repeal, may be commenced and prosecuted within the same time as if said repeal had not been made.

(July 30, 1947, ch. 388, 61 Stat. 635.)

§111. Repeals as evidence of prior effectiveness

No inference shall be raised by the enactment of the Act of March 3, 1933 (ch. 202, 47 Stat. 1431), that the sections of the Revised Statutes repealed by such Act were in force or effect at the time of such enactment: Provided, however, That any rights or liabilities existing under such repealed sections shall not be affected by their repeal.

(July 30, 1947, ch. 388, 61 Stat. 635.)

Editorial Notes

References in Text

Act of March 3, 1933, referred to in text, was repealed by section 2 of act July 30, 1947, section 1 of which enacted this title.

§112. Statutes at Large; contents; admissibility in evidence

The Archivist of the United States shall cause to be compiled, edited, indexed, and published, the United States Statutes at Large, which shall contain all the laws and concurrent resolutions enacted during each regular session of Congress; all proclamations by the President in the numbered series issued since the date of the adjournment of the regular session of Congress next preceding; and also any amendments to the Constitution of the United States proposed or ratified pursuant to article V thereof since that date, together with the certificate of the Archivist of the United States issued in compliance with the provision contained in section 106b of this title. In the event of an extra session of Congress, the Archivist of the United States shall cause all the laws and concurrent resolutions enacted during said extra session to be consolidated with, and published as part of, the contents of the volume for the next regular session. The United States Statutes at Large shall be legal evidence of laws, concurrent resolutions, treaties, international agreements other than treaties, proclamations by the President, and proposed or ratified amendments to the Constitution of the United States therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States.

(July 30, 1947, ch. 388, 61 Stat. 636; Sept. 23, 1950, ch. 1001, §1, 64 Stat. 979; Oct. 31, 1951, ch. 655, §3, 65 Stat. 710; Pub. L. 98–497, title I, §107(d), Oct. 19, 1984, 98 Stat. 2291.)

Editorial Notes

Amendments

1984—Pub. L. 98–497 substituted "Archivist of the United States" for "Administrator of General Services" in three places.

1951—Act Oct. 31, 1951, substituted "106b of this title" for "205 of the Revised Statutes" in first sentence.

1950—Act Sept. 23, 1950, amended section generally to implement 1950 Reorg. Plan No. 20, §1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1272, which transferred to the Administrator of General Services certain duties formerly performed by the Secretary of State.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.

Publishing Pub. L. 115–141 in Statutes at Large

Pub. L. 115–141, div. G, title I, §121(c), Mar. 23, 2018, 132 Stat. 662, provided that: "In publishing this Act in slip form and in the United States Statutes at large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end an appendix setting forth the text of the sections of the bill and the bills referred to in subsections (a) [enacting into law from the 115th Congress sections 7130 and 7134 of S. 1460, as placed on the calendar of the Senate on June 29, 2017] and (b) [enacting into law from the 115th Congress H.R. 1281, as introduced on Mar. 1, 2017, and H.R. 4134, as introduced on Oct. 25, 2017], respectively."

Publishing Pub. L. 115–31 in Statutes at Large

Pub. L. 115–31, div. G, title IV, §431(b), May 5, 2017, 131 Stat. 502, provided that: "In publishing this Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end an appendix setting forth the text of the bills referred to in subsection (a) [enacting into law from the 115th Congress H.R. 2104, as introduced on Apr. 20, 2017; S. 131, as ordered to be reported on Mar. 30, 2017, by the Committee on Energy and Natural Resources of the Senate; and S. 847, as introduced on Apr. 5, 2017]."

Publishing Pub. L. 107–206 in Statutes at Large

Pub. L. 107–206, title III, §3002(h), Aug. 2, 2002, 116 Stat. 924, provided that: "In publishing the Act in slip form and in the United States Statutes at Large pursuant to section 112, of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end an appendix setting forth the text of the bill referred to in subsection (a) [set out as a Short Title of 2002 Amendment note under section 101 of Title 39, Postal Service]."

Publication of Certain Laws of 106th Congress

Pub. L. 106–554, §1(b), Dec. 21, 2000, 114 Stat. 2763, provided that: "In publishing this Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end appendixes setting forth the texts of the bills referred to in subsection (a) of this section [enacting into law H.R. 5656, H.R. 5657, H.R. 5658, H.R. 5660, H.R. 5661, H.R. 5662, and H.R. 5663 of the 106th Congress, as introduced on Dec. 14, 2000, and H.R. 5666 and H.R. 5667 of the 106th Congress, as introduced on Dec. 15, 2000, except that the text of H.R. 5666, as so enacted, shall not include section 123] and the text of any other bill enacted into law by reference by reason of the enactment of this Act."

Pub. L. 106–553, §1(b), Dec. 21, 2000, 114 Stat. 2762, provided that: "In publishing this Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end appendixes setting forth the texts of the bills referred to in subsection (a) of this section [enacting into law H.R. 5547 and H.R. 5548 of the 106th Congress, as introduced on Oct. 25, 2000]."

Pub. L. 106–429, §101(a) [title V, §595(b)], Nov. 6, 2000, 114 Stat. 1900, 1900A-60, provided that: "In publishing the Act in slip form and in the United States Statutes at Large pursuant to section 112, of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end appendixes setting forth the texts of the bill referred to in subsection (a) of this section [enacting into law S. 3140 of the 106th Congress, as introduced on Sept. 28, 2000]."

Pub. L. 106–429, §101(b), Nov. 6, 2000, 114 Stat. 1900, provided that: "In publishing this Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end an appendix setting forth the text of the bill referred to in subsection (a) of this section [enacting into law H.R. 5526 of the 106th Congress, as introduced on Oct. 24, 2000]."

Pub. L. 106–398, §2, Oct. 30, 2000, 114 Stat. 1654, provided that: "In publishing this Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval an appendix setting forth the text of the bill referred to in section 1 [enacting into law H.R. 5408 of the 106th Congress, as introduced on Oct. 6, 2000]."

Pub. L. 106–387, §1(b), Oct. 28, 2000, 114 Stat. 1549, provided that: "In publishing this Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end an appendix setting forth the text of the bill referred to in subsection (a) of this section [enacting into law H.R. 5426 of the 106th Congress, as introduced on Oct. 6, 2000]."

Pub. L. 106–377, §1(b), Oct. 27, 2000, 114 Stat. 1441, provided that: "In publishing this Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end appendixes setting forth the texts of the bills referred to in subsection (a) of this section [enacting into law H.R. 5482 and 5483 of the 106th Congress, as introduced on Oct. 18, 2000]."

Pub. L. 106–346, §101(b), Oct. 23, 2000, 114 Stat. 1356, provided that: "In publishing the Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end an appendix setting forth the text of the bill referred to in subsection (a) of this section [enacting into law H.R. 5394 of the 106th Congress, as introduced on Oct. 5, 2000]."

Pub. L. 106–113, div. B, §1000(b), Nov. 29, 1999, 113 Stat. 1536, provided that: "In publishing the Act in slip form and in the United States Statutes at Large pursuant to section 112, of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end appendixes setting forth the texts of the bills referred to in subsection (a) of this section [enacting into law H.R. 3421, H.R. 3422, H.R. 3423, H.R. 3424, H.R. 3425, H.R. 3426, H.R. 3427 (as amended), H.R. 3428, and S. 1948 of the 106th Congress, as introduced on Nov. 17, 1999]."

Effect of Repeal of Section 73 of Act Jan. 12, 1895

This section and section 112a of this title as not affected by the repeal of section 73 of act Jan. 12, 1895, ch. 23, 28 Stat. 615, which related to the same subject matter, see section 56(i) of act Oct. 31, 1951, ch. 655, 65 Stat. 729.

§112a. United States Treaties and Other International Agreements; contents; admissibility in evidence

(a) The Secretary of State shall cause to be compiled, edited, indexed, and published, beginning as of January 1, 1950, a compilation entitled "United States Treaties and Other International Agreements," which shall contain all treaties to which the United States is a party that have been proclaimed during each calendar year, and all international agreements other than treaties to which the United States is a party that have been signed, proclaimed, or with reference to which any other final formality has been executed, during each calendar year. The said United States Treaties and Other International Agreements shall be legal evidence of the treaties, international agreements other than treaties, and proclamations by the President of such treaties and agreements, therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States.

(b) Copies of international agreements and qualifying non-binding instruments in the possession of the Department of State, but not published, other than the agreements described in section 112b(b)(3)(A), shall be made available by the Department of State upon request.

(Added Sept. 23, 1950, ch. 1001, §2, 64 Stat. 980; amended Pub. L. 103–236, title I, §138, Apr. 30, 1994, 108 Stat. 397; Pub. L. 108–458, title VII, §7121(a), Dec. 17, 2004, 118 Stat. 3807; Pub. L. 117–263, div. E, title LIX, §5947(b), Dec. 23, 2022, 136 Stat. 3482.)

Editorial Notes

Amendments

2022—Subsecs. (b) to (d). Pub. L. 117–263 added subsec. (b) and struck out former subsecs. (b) to (d) which related to determination that publication of certain categories of agreements is not required, publication of such determination in the Federal Register, and timely availability of certain treaties and international agreements on the Department of State website.

2004—Subsec. (d). Pub. L. 108–458 added subsec. (d).

1994—Pub. L. 103–236 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–263, div. E, title LIX, §5947(c), Dec. 23, 2022, 136 Stat. 3482, provided that: "The amendments made by this section [amending this section, section 112b of this title, and section 195c of Title 6, Domestic Security] shall take effect on the date that is 270 days after the date of the enactment of this Act."

Effective Date of 2004 Amendment

Pub. L. 108–458, title VII, §7122, Dec. 17, 2004, 118 Stat. 3808, provided that: "Notwithstanding any other provision of this Act [see Tables for classification], this subtitle [subtitle A (§§7101–7122) of title VII of Pub. L. 108–458, enacting sections 2228, 2732, 3922b, 4029, 7536a, and 7555 of Title 22, Foreign Relations and Intercourse, amending this section, section 112b of this title, section 1189 of Title 8, Aliens and Nationality, sections 2651a, 2656f, 4003, 7513, 7514, 7518, 7536, 7537, 7538, and 7554 of Title 22, and section 4605 of Title 50, War and National Defense, repealing section 2374 of Title 22, enacting provisions set out as notes under section 1189 of Title 8, sections 1431, 2451, 2452, 2651a, 2656, 2656f, 7501, 7511, 7513, 7514, and 7536 of Title 22, and section 4605 of Title 50, and amending provisions set out as a note under section 112b of this title] shall take effect on the date of enactment of this Act [Dec. 17, 2004]."

Effect of Repeal of Section 73 of Act Jan. 12, 1895

This section and section 112 of this title as not affected by the repeal of section 73 of act Jan. 12, 1895, ch. 23, 28 Stat. 615, which related to the same subject matter, see section 56(i) of act Oct. 31, 1951, ch. 655, 65 Stat. 729.

Written Requests for Documents

Copies of United States Treaties and Other International Agreements not available to Senators or Representatives unless specifically requested by them, in writing, see Pub. L. 94–59, title VIII, §801, July 25, 1975, 89 Stat. 296, set out as a note under section 1317 of Title 44, Public Printing and Documents.

§112b. United States international agreements and non-binding instruments; transparency provisions

(a)(1) Not less frequently than once each month, the Secretary shall provide in writing to the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, and the appropriate congressional committees the following:

(A)(i) A list of all international agreements and qualifying non-binding instruments signed, concluded, or otherwise finalized during the prior month.

(ii) The text of all international agreements and qualifying non-binding instruments described in clause (i).

(iii) A detailed description of the legal authority that, in the view of the Secretary, provides authorization for each international agreement and that, in the view of the appropriate department or agency, provides authorization for each qualifying non-binding instrument provided under clause (ii) to become operative. If multiple authorities are relied upon in relation to an international agreement, the Secretary shall cite all such authorities, and if multiple authorities are relied upon in relation to a qualifying non-binding instrument, the appropriate department or agency shall cite all such authorities. All citations to the Constitution of the United States, a treaty, or a statute shall include the specific article or section and subsection reference whenever available and, if not available, shall be as specific as possible. If the authority relied upon is or includes article II of the Constitution of the United States, the Secretary or appropriate department or agency shall explain the basis for that reliance.

(B)(i) A list of all international agreements that entered into force and qualifying non-binding instruments that became operative for the United States or an agency of the United States during the prior month.

(ii) The text of all international agreements and qualifying non-binding instruments described in clause (i) if such text differs from the text of the agreement or instrument previously provided pursuant to subparagraph (A)(ii).

(iii) A statement describing any new or amended statutory or regulatory authority anticipated to be required to fully implement each proposed international agreement and qualifying non-binding instrument included in the list described in clause (i).

(2) The information and text required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(b)(1) Not later than 120 days after the date on which an international agreement enters into force, the Secretary shall make the text of the agreement, and the information described in subparagraphs (A)(iii) and (B)(iii) of subsection (a)(1) relating to the agreement, available to the public on the website of the Department of State.

(2) Not less frequently than once every 120 days, the Secretary shall make the text of each qualifying non-binding instrument that became operative during the preceding 120 days, and the information described in subparagraphs (A)(iii) and (B)(iii) of subsection (a)(1) relating to each such instrument, available to the public on the website of the Department of State.

(3) The requirements under paragraphs (1) and (2) shall not apply to the following categories of international agreements or qualifying non-binding instruments, or to information described in subparagraphs (A)(iii) and (B)(iii) of subsection (a)(1) relating to such agreements or qualifying non-binding instruments:

(A) International agreements and qualifying non-binding instruments that contain information that has been given a national security classification pursuant to Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information) or any predecessor or successor order, or that contain any information that is otherwise exempt from public disclosure pursuant to United States law.

(B) International agreements and qualifying non-binding instruments that address military operations, military exercises, acquisition and cross servicing, logistics support, military personnel exchange or education programs, or the provision of health care to military personnel on a reciprocal basis.

(C) International agreements and qualifying non-binding instruments that establish the terms of grant or other similar assistance, including in-kind assistance, financed with foreign assistance funds pursuant to the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the Food for Peace Act (7 U.S.C. 1691 et seq.).

(D) International agreements and qualifying non-binding instruments, such as project annexes and other similar instruments, for which the principal function is to establish technical details for the implementation of a specific project undertaken pursuant to another agreement or qualifying non-binding instrument that has been published in accordance with paragraph (1) or (2).

(E) International agreements and qualifying non-binding instruments that have been separately published by a depositary or other similar administrative body, except that the Secretary shall make the information described in subparagraphs (A)(iii) and (B)(iii) of subsection (a)(1), relating to such agreements or qualifying non-binding instruments, available to the public on the website of the Department of State within the timeframes required by paragraph (1) or (2).

(c) For any international agreement or qualifying non-binding instrument for which an implementing agreement or arrangement, or any document of similar purpose or function to the aforementioned regardless of the title of the document, is not otherwise required to be submitted to the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, and the appropriate congressional committees under subparagraphs (A)(ii) or (B)(ii) of subsection (a)(1), not later than 30 days after the date on which the Secretary receives a written communication from the Chair or Ranking Member of either of the appropriate congressional committees requesting the text of any such implementing agreements or arrangements, whether binding or non-binding, the Secretary shall submit such implementing agreements or arrangements to the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, and the appropriate congressional committees.

(d) Any department or agency of the United States Government that enters into any international agreement or qualifying non-binding instrument on behalf of itself or the United States shall—

(1) provide to the Secretary the text of each international agreement not later than 15 days after the date on which such agreement is signed or otherwise concluded;

(2) provide to the Secretary the text of each qualifying non-binding instrument not later than 15 days after the date on which such instrument is concluded or otherwise becomes finalized;

(3) provide to the Secretary a detailed description of the legal authority that provides authorization for each qualifying non-binding instrument to become operative not later than 15 days after such instrument is signed or otherwise becomes finalized; and

(4) on an ongoing basis, provide any implementing material to the Secretary for transmittal to the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, and the appropriate congressional committees as needed to satisfy the requirements described in subsection (c).

(e)(1) Each department or agency of the United States Government that enters into any international agreement or qualifying non-binding instrument on behalf of itself or the United States shall designate a Chief International Agreements Officer, who shall—

(A) be selected from among employees of such department or agency;

(B) serve concurrently as the Chief International Agreements Officer; and

(C) subject to the authority of the head of such department or agency, have department- or agency-wide responsibility for efficient and appropriate compliance with this section.

(2) There shall be a Chief International Agreements Officer who serves at the Department of State with the title of International Agreements Compliance Officer.

(f) The substance of oral international agreements shall be reduced to writing for the purpose of meeting the requirements of subsections (a) and (b).

(g) 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. Such consultation may encompass a class of agreements rather than a particular agreement.

(h)(1) Not later than 3 years after the date of the enactment of this section, and not less frequently than once every 3 years thereafter during the 9-year period beginning on the date of the enactment of this section, the Comptroller General of the United States shall conduct an audit of the compliance of the Secretary with the requirements of this section.

(2) In any instance in which a failure by the Secretary to comply with such requirements is determined by the Comptroller General to have been due to the failure or refusal of another agency to provide information or material to the Department of State, or the failure to do so in a timely manner, the Comptroller General shall engage such other agency to determine—

(A) the cause and scope of such failure or refusal;

(B) the specific office or offices responsible for such failure or refusal; and

(C) recommendations for measures to ensure compliance with statutory requirements.

(3) The Comptroller General shall submit to the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, and the appropriate congressional committees in writing the results of each audit required by paragraph (1).

(4) The Comptroller General and the Secretary shall make the results of each audit required by paragraph (1) publicly available on the websites of the Government Accountability Office and the Department of State, respectively.

(i) The President shall, through the Secretary, promulgate such rules and regulations as may be necessary to carry out this section.

(j) It is the sense of Congress that the executive branch should not prescribe or otherwise commit to or include specific legislative text in a treaty, executive agreement, or non-binding instrument unless Congress has authorized such action.

(k) In this section:

(1) The term "appropriate congressional committees" means—

(A) the Committee on Foreign Relations of the Senate; and

(B) the Committee on Foreign Affairs of the House of Representatives.

(2) The term "appropriate department or agency" means the department or agency of the United States Government that negotiates and enters into a qualifying non-binding instrument on behalf of itself or the United States.

(3) The term "intelligence community" has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).

(4) The term "international agreement" includes—

(A) any treaty that requires the advice and consent of the Senate, pursuant to article II of the Constitution of the United States; and

(B) any other international agreement to which the United States is a party and that is not subject to the advice and consent of the Senate.

(5) The term "qualifying non-binding instrument"—

(A) except as provided in subparagraph (B), means a non-binding instrument that—

(i) is or will be under negotiation, is signed or otherwise becomes operative, or is implemented with one or more foreign governments, international organizations, or foreign entities, including non-state actors; and

(ii)(I) could reasonably be expected to have a significant impact on the foreign policy of the United States; or

(II) is the subject of a written communication from the Chair or Ranking Member of either of the appropriate congressional committees to the Secretary; and

(B) does not include any non-binding instrument that is signed or otherwise becomes operative or is implemented pursuant to the authorities relied upon by the Department of Defense, the Armed Forces of the United States, or any element of the intelligence community.

(6) The term "Secretary" means the Secretary of State.

(7)(A) The term "text" with respect to an international agreement or qualifying non-binding instrument includes—

(i) any annex, appendix, codicil, side agreement, side letter, or any document of similar purpose or function to the aforementioned, regardless of the title of the document, that is entered into contemporaneously and in conjunction with the international agreement or qualifying non-binding instrument; and

(ii) any implementing agreement or arrangement, or any document of similar purpose or function to the aforementioned regardless of the title of the document, that is entered into contemporaneously and in conjunction with the international agreement or qualifying non-binding instrument.

(B) As used in subparagraph (A), the term "contemporaneously and in conjunction with"—

(i) shall be construed liberally; and

(ii) may not be interpreted to require any action to have occurred simultaneously or on the same day.

(l) Nothing in this section may be construed—

(1) to authorize the withholding from disclosure to the public of any record if such disclosure is required by law; or

(2) to require the provision of any implementing agreement or arrangement, or any document of similar purpose or function regardless of its title, which was entered into by the Department of Defense, the Armed Forces of the United States, or any element of the intelligence community or any implementing material originating with the aforementioned agencies, if such implementing agreement, arrangement, document, or material was not required to be provided to the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, or the appropriate congressional committees prior to the date of the enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023.

(Added Pub. L. 92–403, §1, Aug. 22, 1972, 86 Stat. 619; amended Pub. L. 95–45, §5, June 15, 1977, 91 Stat. 224; Pub. L. 95–426, title VII, §708, Oct. 7, 1978, 92 Stat. 993; Pub. L. 103–437, §1, Nov. 2, 1994, 108 Stat. 4581; Pub. L. 108–458, title VII, §7121(b)–(d), Dec. 17, 2004, 118 Stat. 3807, 3808; Pub. L. 116–260, div. FF, title XVII, §1708(b), Dec. 27, 2020, 134 Stat. 3298; Pub. L. 117–263, div. E, title LIX, §5947(a)(1), Dec. 23, 2022, 136 Stat. 3476.)

Editorial Notes

References in Text

Executive Order 13526, referred to in subsec. (b)(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. (b)(3)(C), is Pub. 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. (b)(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 Pub. L. 117–263, which was approved Dec. 23, 2022.

Amendments

2022—Pub. 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). Pub. L. 116–260 added subsec. (g).

2004—Subsec. (a). Pub. L. 108–458, §7121(b), substituted "Committee on International Relations" for "Committee on Foreign Affairs".

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

Subsec. (e). Pub. 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).

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

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

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.

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 Pub. L. 117–263 effective 270 days after Dec. 23, 2022, see section 5947(c) of Pub. 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

Pub. 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 112b of title 1, United States Code, as amended by paragraph (1)."

Mechanism for Reporting

Pub. 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 112b 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

Pub. 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

Pub. L. 100–204, title I, §139, Dec. 22, 1987, 101 Stat. 1347, as amended by Pub. 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 112b.

§113. "Little and Brown's" edition of laws and treaties; slip laws; Treaties and Other International Acts Series; admissibility in evidence

The edition of the laws and treaties of the United States, published by Little and Brown, and the publications in slip or pamphlet form of the laws of the United States issued under the authority of the Archivist of the United States, and the Treaties and Other International Acts Series issued under the authority of the Secretary of State shall be competent evidence of the several public and private Acts of Congress, and of the treaties, international agreements other than treaties, and proclamations by the President of such treaties and international agreements other than treaties, as the case may be, therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several States, without any further proof or authentication thereof.

(July 30, 1947, ch. 388, 61 Stat. 636; Pub. L. 89–497, §1, July 8, 1966, 80 Stat. 271; Pub. L. 98–497, title I, §107(d), Oct. 19, 1984, 98 Stat. 2291.)

Editorial Notes

Amendments

1984—Pub. L. 98–497 substituted "Archivist of the United States" for "Administrator of General Services".

1966—Pub. L. 89–497 made slip laws and the Treaties and Other International Acts Series competent legal evidence of the several acts of Congress and the treaties and other international agreements contained therein.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.

§114. Sealing of instruments

In all cases where a seal is necessary by law to any commission, process, or other instrument provided for by the laws of Congress, it shall be lawful to affix the proper seal by making an impression therewith directly on the paper to which such seal is necessary; which shall be as valid as if made on wax or other adhesive substance.

(July 30, 1947, ch. 388, 61 Stat. 636.)