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Title 1, Chapter 3. Code of laws of United States and suppliments; District of Columbia code and suppliments

From the U.S. Code Online via GPO Access, laws in effect as of January 7, 2003.

35050United States CodeTitle 1, Chapter 3. Code of laws of United States and suppliments; District of Columbia code and supplimentsthe United States Government

STATUTORY NOTES AND RELATED SUBSIDIARIES

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 o 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; transmission to Congress

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(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)),1 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.

(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.)

REFERENCES IN TEXT

Section 6(j)(1)(A) of the Export Administration Act of 1979, referred to in subsec. (e)(2)(B)(ii), was classified to section 2405(j)(1)(A) of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as section 4605(j)(1)(A) of Title 50.

AMENDMENTS

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 NOTE AND 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.

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, §139, Dec. 22, 1987, 101 Stat. 1347, as amended by Pub. L. 108–458, title VII, §7121(e), Dec. 17, 2004, 118 Stat. 3808, 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 the 911 [probably means 9/11] Commission Implementation Act of 2004 [Dec. 17, 2004] and shall apply during fiscal years 2005, 2006, and 2007."

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

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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

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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.)

CHAPTER 3—CODE OF LAWS OF UNITED STATES AND SUPPLEMENTS;
DISTRICT OF COLUMBIA CODE AND SUPPLEMENTS

Sec.
201. Publication and distribution of Code of Laws of United States and Supplements and District of Columbia Code and Supplements.
(a) Publishing in slip or pamphlet form or in Statutes at Large.
(b) Curtailing number of copies published.
(c) Dispensing with publication more than one Supplement for each Congress.
202. Preparation and publication of Codes and Supplements.
(a) Cumulative Supplements to Code of Laws of United States for each session of Congress.
(b) Cumulative Supplement to District of Columbia Code for each session of Congress.
(c) New editions of Codes and Supplements.
203. District of Columbia Code; preparation and publication; cumulative supplements.
204. Codes and Supplements as evidence of the laws of United States and District of Columbia; citation of Codes and Supplements.
(a) United States Code.
(b) District of Columbia Code.
(c) District of Columbia Code; citation.
(d) Supplements to Codes; citation.
(e) New edition of Codes; citation.
205. Codes and Supplement; where printed; form and style; ancillaries.
206. Bills and resolutions of Committee on the Judiciary of House of Representatives; form and style; ancillaries; curtailment of copies.
207. Copies of acts and resolutions in slip form; additional number printed for Committee on the Judiciary of House of Representatives.
208. Delegation of function of Committee on the Judiciary to other agencies; printing, etc., under direction of Joint Committee on Printing.[1]
209. Copies of Supplements to Code of Laws of United States and of District of Columbia Code and Supplements; conclusive evidence of original.
210. Distribution of Supplements to Code of Laws of United States and of District of Columbia Code and Supplements; slip and pamphlet copies.
211. Copies to Members of Congress.
212. Additional distribution at each new Congress.
213. Appropriation for preparing and editing supplements.
  1. So in original. Does not conform to section catchline.

 

§201. Publication and distribution of Code of Laws of United States and Supplements and District of Columbia Code and Supplements

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In order to avoid duplication and waste—

(a) Publishing in slip or pamphlet form or in Statutes at Large.—Publication in slip or pamphlet form or in the Statutes at Large of any of the volumes or publications enumerated in sections 202 and 203 of this title, shall, in event of enactment, be dispensed with whenever the Committee on the Judiciary of the House of Representatives so directs the Archivist of the United States;

(b) Curtailing number of copies published.—Curtailment of the number provided by law to be printed and distributed of the volumes or publications enumerated in sections 202 and 203 of this title may be directed by such committee, except that the Director of the Government Publishing Office shall print such numbers as are necessary for depository library distribution and for sale; and

(c) Dispensing with publication of more than one Supplement for each Congress.—Such committee may direct that the printing and distribution of any supplement to the Code of Laws of the United States or to the Code of the District of Columbia be dispensed with entirely, except that there shall be printed and distributed for each Congress at least one supplement to each such code, containing the legislation of such Congress.

(July 30, 1947, ch. 388, 61 Stat. 637; Sept. 3, 1954, ch. 1263, §1, 68 Stat. 1226; Pub. L. 98–497, title I, §107(d), Oct. 19, 1984, 98 Stat. 2291; Pub. L. 113–235, div. H, title I, §1301(d), Dec. 16, 2014, 128 Stat. 2537.)

AMENDMENTS

1984—Subsec. (a). Pub. L. 98–497 substituted "Archivist of the United States" for "Administrator of General Services".
1954—Subsec. (a). Act Sept. 3, 1954, substituted "Administrator of General Services" for "Secretary of State".

CHANGE OF NAME

"Director of the Government Publishing Office" substituted for "Public Printer" in subsec. (b) on authority of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Documents.

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.

§202. Preparation and publication of Codes and Supplements

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There shall be prepared and published under the supervision of the Committee on the Judiciary of the House of Representatives—

(a) Cumulative Supplements to Code of Laws of United States for each session of Congress.—A supplement for each session of the Congress to the then current edition of the Code of Laws of the United States, cumulatively embracing the legislation of the then current supplement, and correcting errors in such edition and supplement;

(b) Cumulative Supplement to District of Columbia Code for each session of Congress.—A supplement for each session of the Congress to the then current edition of the Code of the District of Columbia, cumulatively embracing the legislation of the then current supplement, and correcting errors in such edition and supplement;

(c) New editions of Codes and Supplements.—New editions of the Code of Laws of the United States and of the Code of the District of Columbia, correcting errors and incorporating the then current supplement. In the case of each code new editions shall not be published oftener than once in each five years. Copies of each such edition shall be distributed in the same manner as provided in the case of supplements to the code of which it is a new edition. Supplements published after any new edition shall not contain the legislation of supplements published before such new edition. (July 30, 1947, ch. 388, 61 Stat. 637.)

CROSS REFERENCES

Council of the District of Columbia, functions respecting, see section 2 of Pub. L. 94–386, Aug. 14, 1976, 90 Stat. 1170, set out as a note under section 285b of Title 2, The Congress.

Office of the Law Revision Counsel, functions respecting preparation, revision, publication, etc., see section 285b of Title 2.

§203. District of Columbia Code; preparation and publication; cumulative supplements

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The Committee on the Judiciary of the House of Representatives is authorized to print bills to codify, revise, and reenact the general and permanent laws relating to the District of Columbia and cumulative supplements thereto, similar in style, respectively, to the Code of Laws of the United States, and supplements thereto, and to so continue until final enactment thereof in both Houses of the Congress of the United States.

(July 30, 1947, ch. 388, 61 Stat. 638.)

COMMISSION ON REVISION OF THE CRIMINAL LAWS OF THE DISTRICT OF COLUMBIA

Pub. L. 90–226, title X, Dec. 27, 1967, 81 Stat. 742, provided for creation and operation of a commission to study and make recommendations with reference to a revised code of criminal law and procedure for the District of Columbia, prior to repeal by Pub. L. 91–358, title VI, §601, July 29, 1970, 84 Stat. 667, as amended by Pub. L. 91–530, §2(b)(1), Dec. 7, 1970, 84 Stat. 1390.

CROSS REFERENCES

Council of the District of Columbia, functions respecting, see section 2 of Pub. L. 94–386, Aug. 14, 1976, 90 Stat. 1170, set out as a note under section 285b of Title 2, The Congress.

Office of the Law Revision Counsel, functions respecting, see section 285b of Title 2.

§204. Codes and Supplements as evidence of the laws of United States and District of Columbia; citation of Codes and Supplements

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In all courts, tribunals, and public offices of the United States, at home or abroad, of the District of Columbia, and of each State, Territory, or insular possession of the United States—

(a) United States Code.—The matter set forth in the edition of the Code of Laws of the United States current at any time shall, together with the then current supplement, if any, establish prima facie the laws of the United States, general and permanent in their nature, in force on the day preceding the commencement of the session following the last session the legislation of which is included: Provided, however, That whenever titles of such Code shall have been enacted into positive law the text thereof shall be legal evidence of the laws therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States.