U.S. Treaties and Executive Agreements

As chief diplomat, the President often produces documents pertaining to the relations of the United States with other nations.

• Treaties
• Executive Agreements
• Letters

Treaties

Treaties are often referred to by terms such as convention, covenant, agreement, pact, accord, and protocol.

They may be bilateral (between two countries) or multilateral (among three or more countries). 

Treaties must by ratified by two thirds of the Senate to become effective. They are considered laws and may supersede earlier laws or treaties.

The Treaty-Making Process

1. Secretary of State authorizes negotiation
2. U.S. representatives negotiate
3. Representatives agree on terms and (with authorization of Secretary of State) sign treaty
4. President submits treaty to Senate
5. Senate Foreign Relations Committee considers treaty and reports to Senate
6. Senate considers and approves by 2/3 majority
7. President proclaims treaty to be in force

Full Text Sources

Senate, House, and Treaty Documents (GPO Access)

Online access to Senate Treaty Documents since 1995. Includes accompanying messages from the President and the Secretary of State with the treaty text.

Treaties and Other International Acts Series (TIAS)
In Government Documents under Call Number S 9.10:

Pre-prints of all treaties ratified by the Senate and signed by the President, issued individually 6–12 months after they are in force.

United States Treaties and Other International Agreements (UST)
In Government Documents under Call Number S 9.12:

Compilation of all U.S. treaties ratified since 1950.

Treaties and Other International Agreements of the United States of America, 1776–1949 (Bevans)
In Government Documents under Call Number S 9.12/2:

Compilation of all pre-1950 U.S. treaties.

United States Statutes at Large
In Government Documents under Call Number GS4.111:vol.
Volumes 1–18 available from Library of Congress

Volume 7 collects all treaties between U.S. and Indian tribes from 1778-1842.
Volume 8 collects all treaties between U.S. and other countries from 1778-1845. 
From 1846 on, treaties were published in the sessional volumes.
Volume 64, Part 3 contains cumulative list of all treaties and agreements included in volumes 1–64.
After 1950, the official publication for U.S. treaties became UST.

Finding Tools

Treaties in Force (TIF)
Available in Government Documents under Call Number S 9.14:[year]
Latest at Documents Service Desk

Lists and summarizes all U.S. treaties and agreements currently in effect, arranged by country and by topic. Includes USTIAS and UST numbers.

Treaties Search Page (Thomas)

Search for treaties and their status by Congress, by date transmitted to Senate, by treaty number, by type of treaty, or by keyword or phrase. Complete coverage begins with the 94th Congress. Older treaties are included if they were pending in 1975 (when the database was created). Includes links to full text of treaties and related documents on GPO Access (for 104th to present Congress).

Treaties (U.S. Senate)

Identify treaties received from the President, treaties on the Executive Calendar, treaties approved by the Senate, and listings of other recent treaty status actions, including treaties that were rejected by the Senate or withdrawn by the President, during the current Congress.

Treaties Received identifies treaties received from the President during the current Congress as well as the committee referral actions taken.

Treaties Reported identifies treaties reported out by the Foreign Relations committee, placed on the Executive Calendar with a sequentially assigned calendar number, and that are ready for Senate floor consideration.

Treaties Actions identifies treaties that have had Senate floor status actions during the current Congress. The date and a brief description of each floor action is provided.

Treaties Approved identifies treaties that were approved by the Senate during the current Congress. Includes links to the text of the treaty ratification resolutions.

Congressional Record Index
Available through GPO Access (1983–current)
Available in Government Documents under X/a:

Treaty actions and discussion appearing in the Congressional Record are listed under the heading “Treaties” and sometimes under the name of a specific treaty or its subject matter.

Executive Agreements

The President has the authority to make agreements with the chief executives of other countries. Although these have the same legal status as treaties, they do not not require the advice and consent of the Senate.

There is no restriction on the President’s authority to make such agreements, as long as they do not violate or alter any existing law or treaty.

The President is required to notify the Senate within 60 days of any executive agreement. Congress then has the option of voting to cancel the executive agreement, or to refuse funding for their implementation. 

Unlike treaties, executive agreements are not mentioned in the Constitution. They are, however, far more common than treaties or legislative actions.

The Agreement-Making Process

1. Secretary of State authorizes negotiation
2. U.S. representatives negotiate
3. Representatives agree on terms and (with authorization of Secretary of State) sign agreement
4. Agreement enters into force
5. President transmits agreement to Congress

Sources

Executive Agreements often take as long as five years to be published, and can be very difficult to locate. Certain categories of executive agreements are exempt from publication.

Treaties and Other International Acts Series (TIAS)
In Government Documents under Call Number S 9.10:

Pre-prints of all treaties ratified by the Senate and signed by the President, issued individually 6–12 months after they are in force.

United States Treaties and Other International Agreements (UST)
In Government Documents under Call Number S 9.12:

Official compilation of all U.S. treaties ratified since 1950.

Treaties and Other International Agreements of the United States of America, 1776–1949 (Bevans)
In Government Documents under Call Number S 9.12/2:

Compilation of all pre-1950 U.S. treaties.

United States Statutes at Large
In Government Documents under Call Number GS4.111:vol.

Volumes 47–64 include executive agreements.
Volume 64, Part 3 contains cumulative list of all treaties and agreements included in volumes 1–64.
After 1950, the official publication for U.S. treaties and agreements became United States Treaties and Other International Agreements.

Letters

Letters can be instructions to chiefs of diplomatic missions, or trade agreement letters issued under GATT.

Sources

Federal Register
Available online via GPO Access (1994–current); select “Presidential Documents”
Available online via LexisNexis Academic (1980–current); select “Presidential Documents” for type of action
Microfiche (1936–August 2004) available in Government Documents Microfiche cabinet #43)

Letters are published under the heading of “Presidential Documents” or “President of the U.S.”

Code of Federal Regulations (Title 3)
Available online via GPO Access (1996–current); select “Title 3”
Microfiche (1938–1996) available in Government Documents Microfiche cabinet #4

Letters and similar items are listed by type of document following the executive orders section.

Weekly Compilation of Presidential Documents
Available online through GPO Access (1993–current)
Available to UNT community through ProQuest (1992–current)
Available on Third Floor Willis Library AE 2.109 : (1984–current); GS 4.114 : (1965–1983)

Letters are listed under “letters and messages” and under “communications to federal agencies.”

Public Papers of the President of the United States
Available online through GPO Access (1992–current)
Available to UNT community through LexisNexis (1979–current)
Available on Third Floor Willis Library AE 2.114 : (1984–current); GS 4.113 : (1929–1983)

Letters are listed under the same headings used for the Weekly Compilation.