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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1950

   Pub. L. 81–1001 § 2 · 64 Stat. 979

   Enacted · 1 U.S.C. § 112a

   Added Sept. 23, 1950, ch. 1001, § 2, 64 Stat. 980

   Source evidence

   Code source credit
   Added Sept. 23, 1950, ch. 1001, § 2, 64 Stat. 980

   Enacted provision · exact public law section
   Sec. 2. Title 1, United States Code, is further amended by adding, immediately following section 112 of such title, a new section, to be designated as section 112a, as follows: “§ 112a. “united states treaties and other international agreements; contents; admissibility in evidence 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 Legal evidence. 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.”

2. 1994

   Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

   Pub. L. 103–236 title I § 138 · 108 Stat. 382

   1. Amended · 1 U.S.C. § 112a

      Pub. L. 103–236 designated existing provisions as subsec. (a)

   2. Added · 1 U.S.C. § 112a

      Pub. L. 103–236 added subsecs. (b) and (c)

   Source evidence

   Code amendment note
   Pub. L. 103–236 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).

   Enacted provision · exact public law section
   SEC. 138. PUBLISHING INTERNATIONAL AGREEMENTS. Section 112a of title 1 of the United States Code is amended— (1) by inserting “(a)” immediately before “The Secretary of State”; and (2) by adding at the end the following new subsections: “(b) The Secretary of State may determine that publication of certain categories of agreements is not required, if the following criteria are met: “(1) such agreements are not treaties which have been brought into force for the United States after having received Senate advice and consent pursuant to section 2(2) of Article II of the Constitution of the United States; “(2) the public interest in such agreements is insufficient to justify their publication, because (A) as of the date of enactment of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, the agreements are no longer in force, (B) the agreements do not create private rights or duties, or establish standards intended to govern government action in the treatment of private individuals; (C) in view of the limited or specialized nature of the public interest in such agreements, such interest can adequately be satisfied by an alternative means; or (D) the public disclosure of the text of the agreement would, in the opinion of the President, be prejudicial to the national security of the United States; and “(3) copies of such agreements (other than those in paragraph (2)(D)), including certified copies where necessary for litigation or similar purposes, will be made available by the Department of State upon request. “(c) Any determination pursuant to subsection (b) shall be published Federal Register, publication. in the Federal Register.”.

3. 2004

   9/11 Commission Implementation Act of 2004

   Pub. L. 108–458 title VII § 7121(a) · 118 Stat. 3638

   Added · 1 U.S.C. § 112a(d)

   Pub. L. 108–458 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 108–458 added subsec. (d).

   Enacted provision · exact public law section
   (a) Availability of Treaties and International Agreements.— Section 112a of title 1, United States Code, is amended by adding at the end the following: “(d) Public information. Deadline. The Secretary of State shall make publicly available through the Internet website of the Department of State each treaty or international agreement proposed to be published in the compilation entitled ‘United States Treaties and Other International Agreements’ not later than 180 days after the date on which the treaty or agreement enters into force.” .

4. 2022

   James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

   Pub. L. 117–263 div. E title LIX § 5947(b) · 136 Stat. 2395

   1. Added · 1 U.S.C. § 112a(b)(d)

      Pub. L. 117–263 added subsec. (b)

   2. Struck · 1 U.S.C. § 112a(b)(d)

      Pub. L. 117–263 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (b) Section 112a of Title 1, United States Code.— Section 112a of title 1, United States Code, is amended— (1) by striking subsections (b), (c), and (d); and (2) by inserting after subsection (a) the following: “(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.” .

   Effective date note
   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 [Dec. 23, 2022].”

6 of 6 references resolved to an enrolled provision