‘‘(III) to establish criteria gov-
erning the operational employment of
United States forces involved.
‘‘(g) INTERPRETATION.—Nothing in this section may
be construed—
‘‘(1) as authority for the President to use any
element of the armed forces in any operation;
‘‘(2) as authority for the President to place any
element of the armed forces under the command or
operational control of a foreign national; or
‘‘(3) as an unconstitutional infringement on the
authority of the President as commander-in-chief.’’.
(2) The table of sections at the beginning of sub-
chapter I of such chapter is amended by adding at the
end the following new item:
‘‘405. Placement of United States forces under United Nations command or
control: limitation.’’.
(b) REPORT RELATING TO CONSTITUTIONALITY.—
No certification may be submitted by the President under
section 405(d)(1) of title 10, United States Code, as added
by subsection (a), until the President has submitted to the
Congress (after the date of the enactment of this Act) a
memorandum of legal points and authorities explaining
why the placement of elements of United States Armed
Forces under the command or operational control of a for-
eign national acting on behalf of the United Nations does
not violate the Constitution.
(c) EXCEPTION FOR ONGOING OPERATIONS IN MAC-
EDONIA AND CROATIA.—Section 405 of title 10, United
States Code, as added by subsection (a), does not apply
in the case of activities of the Armed Forces as part of
the United Nations force designated as the United Na-
tions Protection Force (UNPROFOR) that are carried
out—
(1) in Macedonia pursuant to United Nations
Security Council Resolution 795, adopted December
11, 1992, and subsequent reauthorization Resolu-
tions; or
(2) in Croatia pursuant to United Nations Se-
curity Council Resolution 743, adopted February 21,
1992, and subsequent reauthorization Resolutions.
SEC. 402. LIMITATION ON PLACEMENT OF UNITED STATES
ARMED FORCES UNDER FOREIGN CONTROL
FOR A UNITED NATIONS PEACEKEEPING AC-
TIVITY.
(a) IN GENERAL.—Section 6 of the United Nations
Participation Act of 1945 (22 U.S.C. 287d) is amended
to read as follows:
‘‘SEC. 6. (a) AGREEMENTS WITH SECURITY COUN-
CIL.—(1) Any special agreement described in paragraph
(2) that is concluded by the President with the Security
Council shall not be effective unless approved by the Con-
gress by law.
‘‘(2) An agreement referred to in paragraph (1) is
an agreement providing for the numbers and types of
United States Armed Forces, their degree of readiness and
general locations, or the nature of facilities and assistance,
including rights of passage, to be made available to the
Security Council for the purpose of maintaining inter-
national peace and security in accordance with Article 43
of the Charter of the United Nations.
‘‘(b) LIMITATION.—(1) Except as provided in sub-
sections (c) and (d), the President may not place any ele-
ment of the Armed Forces under United Nations com-
mand or control, as defined in subsection (g).
‘‘(c) EXCEPTION
FOR
PRESIDENTIAL
CERTIFI-
CATION.—(1) Subsection (b) shall not apply in the case
of a proposed placement of an element of the armed forces
under United Nations command or control if the Presi-
dent, not less than 15 days before the date on which such
United Nations command or control is to become effective
(or as provided in paragraph (2)), meets the requirements
of subsection (e).
‘‘(2) If the President certifies to Congress that an
emergency exists that precludes the President from meet-
ing the requirements of subsection (e) 15 days before plac-
ing an element of the armed forces under United Nations
command or control, the President may place such forces
under such command or control and meet the require-
ments of subsection (e) in a timely manner, but in no
event later than 48 hours after such command or control
becomes effective.
‘‘(d) EXCEPTION FOR AUTHORIZATION BY LAW.—
Subsection (b) shall not apply in the case of a proposed
placement of any element of the Armed Forces under
United Nations command or control if the Congress spe-
cifically authorizes by law that particular placement of
United States forces under United Nations command or
control.
‘‘(e) PRESIDENTIAL CERTIFICATIONS.—The require-
ments referred to in subsection (c)(1) are that the Presi-
dent submit to Congress the following:
‘‘(1) Certification by the President that—
‘‘(A) such a United Nations command or
control arrangement is necessary to protect na-
tional security interests of the United States;
‘‘(B) the commander of any unit of the
Armed Forces proposed for placement under
United Nations command or control will at all
times retain the right—
‘‘(i) to report independently to supe-
rior United States military authorities; and
‘‘(ii) to decline to comply with orders
judged by the commander to be illegal,
militarily imprudent, or beyond the man-
date of the mission to which the United
States agreed with the United Nations,
until such time as that commander receives
direction from superior United States mili-
tary authorities with respect to the orders
that the commander has declined to com-
ply with;
‘‘(C) any element of the Armed Forces
proposed for placement under United Nations
command or control will at all times remain
under United States administrative command
for such purposes as discipline and evaluation;
and
‘‘(D) the United States will retain the au-
thority to withdraw any element of the Armed
Forces from the proposed operation at any time
and to take any action it considers necessary to
protect those forces if they are engaged.
‘‘(2) A report setting forth the following: