[United States Senate Manual, 112th Congress] [S. Doc. 112-1] [USCODETITLE] [Pages 279-284] [From the U.S. Government Publishing Office, www.gpo.gov] [[Page 279]] [275] ____________________________________________________________ GENERAL AND PERMANENT LAWS RELATING TO THE UNITED STATES SENATE Extracts from the United States Code \1\ \1\ Since some provisions of the most recently enacted statutes may receive slightly different editorial treatment in the codification process, and since a few stylistic changes have been made in this Manual to achieve more convenient adaptation to Senate needs, some pro forma deviations from the exact format of the United States Code may be noted. [Data collected through 111th Congress, 2d Session] ____________________________________________________________ TITLE 1.--GENERAL PROVISIONS Chapter 2.--ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT; REPEALS; SEALING OF INSTRUMENTS 275 Sec. 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, c. 388, 61 Stat. 634.) 276 Sec. 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, c. 388, 61 Stat. 634.) 277 Sec. 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, c. 388, 61 Stat. 634.) 278 Sec. 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, c. 388, 61 Stat. 634.) [[Page 280]] 279 Sec. 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, c. 388, 61 Stat. 634; July 12, 1974, Pub.L. 93- 344, Title V, Sec. 506(a), 88 Stat. 322.) 280 Sec. 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, c. 388, 61 Stat. 634.) 281 Sec. 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, c. 655, Sec. 2(b), 65 Stat. 710, and amended Oct. 19, 1984, Pub.L. 98-497, Title I, Sec. 107(d), 98 Stat. 2291.) 282 Sec. 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, c. 655, Sec. 2(b), 65 Stat. 710, and amended Oct. 19, 1984, Pub.L. 98-497, Title I, Sec. 107(d), 98 Stat. 2291.) [[Page 281]] 283 Sec. 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, c. 388, 61 Stat. 635.) 284 Sec. 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, c. 388, 61 Stat. 635.) 285 Sec. 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, c. 388, 61 Stat. 635.) 286 Sec. 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, c. 388, 61 Stat. 635.) 287 Sec. 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, c. 388, 61 Stat. 635.) 288 Sec. 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 [[Page 282]] 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, Sec. 1, 64 Stat. 979; Oct. 31, 1951, ch. 655, Sec. 3, 65 Stat. 710; Oct. 19, 1984, Pub.L. 98-497, Title I, Sec. 107(d), 98 Stat. 2291.) 289 Sec. 112b. United States international agreements; transmission to Congress. (a) The Secretary of State shall transmit to the Congress the text of any international agreement (including the text of any oral international agreement, which agreement shall be reduced to writing), other than a treaty, to which the United States is a party as soon as practicable after such agreement has entered into force with respect to the United States but in no event later than sixty days thereafter. However, any such agreement the immediate public disclosure of which would, in the opinion of the President, be prejudicial to the national security of the United States shall not be so transmitted to the Congress but shall be transmitted to the Committee on Foreign Relations of the Senate and the Committee on 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 [[Page 283]] 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)), 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. (Pub.L. 92-403, Sec. 1, Aug. 22, 1972, 86 Stat. 619; Pub.L. 95-45, Sec. 5, June 15, 1977, 91 Stat. 224; Pub.L. 95-426, Title VII, Sec. 708, Oct. 7, 1978, 92 Stat. 993; Pub.L. 103-236, Sec. 138, Apr. 30, 1994, 108 Stat. 397; Pub.L. 103-437, Sec. 1, Nov. 2, 1994, 108 Stat. 4581; Pub.L. 108-458, Title VII, Sec. 7121(b) to (d), Dec. 17, 2004, 118 Stat. 3807, 3808.) Chapter 3.--CODE OF LAWS OF UNITED STATES AND SUPPLEMENTS; DISTRICT OF COLUMBIA CODE AND SUPPLEMENTS 290 Sec. 211. Copies [of the Code of Laws] to Members of Congress. In addition to quotas provided for by section 210 of this title there shall be printed, published, and distributed of the Code of Laws relating to the District of Columbia with tables, index and other ancillaries, suitably bound and with thumb inserts and other convenient devices to distinguish the parts, and of the supplements to both codes as provided for by sections 202, 203 of this title, ten copies of each for each Member of the Senate and House of Representatives of the Congress in which the original authorized publication is made, for his use and distribution, and in addition for the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a number of bound copies of each equal to ten times the number of members of such committees, and one bound copy of each for the use of each committee of the Senate and House of Representatives. (July 30, 1947, ch. 388, 61 Stat. 640.) [[Page 284]] 291 Sec. 212. Additional distribution at each new Congress. In addition the Superintendent of Documents shall, at the beginning of the first session of each Congress, supply to each Senator and Representative in such Congress, who may in writing apply for the same, one copy each of the Code of Laws of the United States, the Code of Laws relating to the District of Columbia, and the latest supplement to each code: Provided, That such applicant shall certify in his written application for the same that the volume or volumes for which he applies is intended for his personal use exclusively: And provided further, That no Senator or Representative during his term of service shall receive under this section more than one copy each of the volumes enumerated herein. (July 30, 1947, Ch. 388, 61 Stat. 640.) 2 u.s.c.--the congress generalandpermanentlawsrelatingtothesenate