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1 1 (September 29, 2023)

handle is hein.crs/govenah0001 and id is 1 raw text is: CongressIonal_______ a*Research Service International Agreements (Part III): Transparency Measures September 29, 2023 This Legal Sidebar discusses legislative measures to increase transparency into the United States' international commitments. It is the third installment in a three-part series on international agreements in the U.S. legal system. Part I introduces the primary forms of international instruments and the process for making them. Part II examines options for Congress to influence international instruments. For more information on these topics, see International Law and Agreements: Their Effect upon US. Law. Background Section 5947 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (FY2023 NDAA), which went into effect on September 19, 2023, expands the transparency framework governing international agreements and non-binding instruments. Pre-FY2023 laws require the executive branch to publish binding agreements (1 U.S.C. § 112a) and transmit executive agreements to Congress (1 U.S.C. @ 112b). The FY2023 NDAA amends these statutes to address gaps in the transparency regime and align the executive branch's reporting obligations with modern international practice. Pre-FY2023 NDAA Requirements Publication: 1 U.S.C. § 112a Originally enacted in 1950, 1 U.S.C. @ 112a requires the Secretary of State to compile and publish annually a list of all treaties and executive agreements to which the United States is a party. Congress amended the statute in 1994 to lessen the publication burden on the State Department, which lacked the resources to publish agreements promptly. The 1994 amendment permits the State Department to exclude categories of executive agreements from the publication requirement when public interest in the agreements is insufficient to justify their publication. The State Department later issued regulations listing sixteen exempt categories of agreements that will not published. A 2004 amendment to Section 112a requires online publication in addition to annual written compilations. Congressional Research Service https://crsreports.congress.gov LSB11050 CRS Legal Sidebar Prepared for Members and Committees of Congress

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