§287d — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The President can make special agreements with the United Nations Security Council about how many and what kind of U.S. forces, how ready they are, where they are based, and what facilities or help (like rights of passage) the U.S. will provide if the Council calls on them under Article 43 of the UN Charter. Those agreements must be approved by Congress by a law or joint resolution. If the Security Council asks the U.S. to act under Article 42 using forces, facilities, or help already covered by those agreements, the President does not need extra Congressional permission to make them available. Except as allowed by section 287d-1, Congress is not authorizing any forces, facilities, or help beyond what the special agreements list.

Title 22, §287d

Foreign Relations and Intercourse — Source: USLM XML via OLRC

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 & Related Subsidiaries

Editorial Notes

References in Text

Article 43 of said Charter and article 42 of said Charter, referred to in text, are articles of the United Nations Charter. Herein, referred to in text, means act Dec. 20, 1945, ch. 583, 59 Stat. 619, known as the United Nations Participation Act of 1945, which is classified generally to this subchapter (§ 287 et seq.). For complete classification of this Act to the Code, see

Short Title

note set out under section 287 of this title and Tables.

Amendments

1949—Act Oct. 10, 1949, inserted “, except as authorized in section 287d–1 of this title,” in proviso.

§287d Use of Armed Forces; Limitations