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International Agreements and Non-binding

Instruments: The Case-Zablocki Act (Case Act)



March 11, 2026

In the early 1970s, Congress passed legislation to address concerns that Presidents were increasingly
bypassing the Article II treaty process by using executive agreements to make international legal
commitments for the United States-sometimes without congressional involvement or knowledge. The
legislation, generally known as the Case-Zablocki Act of 1972 (Case Act), originally required the
Secretary of State to submit to Congress the text of all international agreements entered into force not
submitted to the Senate as treaties. Fifty years later, in 2022, Congress amended the Case Act (codified as
amended at I U.S.C. § 112b) to require, among other things, the Secretary to submit the text of
international agreements and qualifying non-binding instruments (QNIs), and to provide the legal
authority relied on for each international agreement and QNI. According to a report prepared by the
Senate Committee on Foreign Relations at the time of enactment, this amendment-entitled Enhancing
Transparency on International Agreements and Non-binding Instruments-strengthens and modernizes
the Case Act and makes it applicable, for the first time, to non-binding instruments.
This Legal Sidebar first explicates the international agreements and QNIs that are covered by the
amendment's requirements as well as the requirement that the State Department describe the legal
authorities relied on to conclude such agreements and QNIs. It then analyzes the authorities that the State
Department has cited for a selection of international agreements and QNIs. Finally, this Sidebar discusses
considerations for Congress.


Binding International Agreements and QNIs

As amended in 2022, the Case Act requires the Secretary of State to submit on a monthly basis to the
majority and minority leaders of the House and Senate and to the Senate Foreign Relations and House
Foreign Affairs Committees (SFRC and HFAC) a list and the texts of all international agreements and
QNIs that were signed, concluded, or otherwise finalized during the prior month. It also requires the
Secretary to submit a list of all international agreements that entered into force and [QNIs] that became
operative ... during the prior month, as well as the text if it differs from the text previously provided
after the international agreement or QNI was signed, concluded, or otherwise finalized.


                                                                Congressional Research Service
                                                                https://crsreports.congress.gov
                                                                                    LSB11403

CRS Legal Sidebar
Prepared for Members and
Committees of Congress