The President is authorized to negotiate a special agreement or agreements with the Security Council which shall be subject to the approval of the Congress by appropriate Act or joint resolution, providing for the numbers and types of armed forces, their degree of readiness and general location, and the nature of facilities and assistance, including rights of passage, to be made available to the Security Council on its call for the purpose of maintaining international peace and security in accordance with article 43 of said Charter. The President shall not be deemed to require the authorization of the Congress to make available to the Security Council on its call in order to take action under article 42 of said Charter and pursuant to such special agreement or agreements the armed forces, facilities, or assistance provided for therein: Provided, That, except as authorized in section 287d–1 of this title, nothing herein contained shall be construed as an authorization to the President by the Congress to make available to the Security Council for such purpose armed forces, facilities, or assistance in addition to the forces, facilities, and assistance provided for in such special agreement or agreements.
Notes of Decisions
New, Michael G. v. Perry, William, 129 F.3d 639 (D.C. Cir. 1997).
· cites it 2× “Second, New argued that the President of the United States was prohibited by the United States Constitution and sections 6 and 7 of the United Nations Participation Act of 1945 (“Participation Act”), as amended, 22 U.S.C. §§ 287d to d-1 (1994), from deploying United States…”
U.S. ex rel New, M. v. Rumsfeld, Donald H., 448 F.3d 403 (D.C. Cir. 2006).
“§ 287d-l; in fact, New claims, it was a combatant operation that required Congressional approval under 22 U.S.C. § 287d. He further argues that because during the deployment he would be placed under the operational control of U.”
United States Ex Rel. New v. Rumsfeld, 350 F. Supp. 2d 80 (D.D.C. 2004).
“Petitioner argues, however, that the deployment order did not meet the requirements of that provision, but should in fact have been conducted under 22 U.S.C. § 287d (“Use of armed forces; limitations”), which refers to Chapter VII of the U.”
United States v. New, 50 M.J. 729 (A.C.C.A. 1999).
“Specifically, appellant asserted that the President misrepresented the FYROM UNPREDEP mission as a UN Charter, Chapter VI, and United Nations Participation Act, Section 7 (22 U.S.C. § 287d (1994)) [hereinafter UNPA], action in order to avoid obtaining prior congressional…”
United States v. Mitchell, 246 F. Supp. 874 (D. Conn. 1965).
“Section 6 of the United Nations Participation Act of 1945, 22 U.S.C. § 287d, authorizes the President, pursuant to a Congressionally approved agreement with the United Nations, to send men abroad to fight without a specific mandate from Congress.”
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