LLSDC Legislative SIS Presentation March 6, 2012 Joan Sherer Ralph J. Bunche Library U.S. Department of State Senior Reference Librarian (Legal)

 Treaty – Advice and Consent, 2/3 approval of Senate  Executive Agreement – Concluded by executive branch and not submitted to Senate for advice and consent

 The Secretary of State is required to transmit to Congress the text of any international agreement, other than a treaty  Must be transmitted within 60 days of its execution  Exceptions - agreements that jeopardize national security

 Prior to the Constitution 2/3 vote of Continental Congress was needed to approve a treaty in order to ratify it  Continental Congress decided president should share the treaty making power with the Senate

◦ Review of the treaty to see if it is consistent with U.S. law ◦ State Dept. prepares the documents for submission to the Senate ◦ President considers whether the treaty is in the best interest of the U.S. ◦ The documents are transmitted to the Senate to begin consent process ◦ Treaty is formally presented to the Senate for advice and consent

◦ Treaty goes to the Senate Foreign Relations Committee for review o The committee chairman determines the course of the treaty o Chairman may call for hearings o Changes in U.S. law may need to be implemented before ratification o Treaties can be lost in committee for years – unpopular treaties may not reach the floor for a vote o If committee approves it is sent to the floor of the Senate for a vote – 2/3 is necessary for approval (S. Treaty Doc.) o Executive Reports - may contain reservations, understandings or declarations (S. Exec. Rep.)

 After Senate gives its consent it is returned to the president to be ratified – the Senate does not ratify treaties  When president signs an instrument of ratification the treaty is placed in force and binds the U.S. to the terms of the treaty