I 

115TH CONGRESS 

2D SESSION H. R. 4837 

To prohibit the introduction of the Armed Forces into hostilities in North 

Korea without a declaration of war or explicit statutory authorization, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 18, 2018 

Mr. KHANNA (for himself, Mr. MASSIE, Mr. JONES, Mr. POCAN, Mr. MCGOVERN, Ms. LEE, Mr. TED LIEU of California, Ms. NORTON, Mr. DOGGETT, 

Mr. NOLAN, Mr. WELCH, Mr. ELLISON, Mr. PALLONE, Ms. SLAUGHTER, 

Mr. BEYER, Mr. NADLER, Mr. GRIJALVA, Ms. HANABUSA, Mr. RASKIN, 

Ms. SCHAKOWSKY, Ms. JAYAPAL, Mr. COHEN, Ms. JACKSON LEE, Ms. 

MOORE, Mr. EVANS, Mr. RUSH, Mr. BLUMENAUER, Mr. JOHNSON of 

Georgia, Ms. GABBARD, Mr. GUTIE ́RREZ, Ms. PINGREE, Ms. LOFGREN, 

Ms. CLARKE of New York, Mr. CLEAVER, Mr. DANNY K. DAVIS of Illinois, Mr. PAYNE, Mrs. WATSON COLEMAN, Ms. WILSON of Florida, Mr. 

CAPUANO, Mr. CICILLINE, Mr. GARAMENDI, Ms. BARRAGA ́N, Ms. 

MCCOLLUM, Mr. DESAULNIER, Mrs. BEATTY, Mr. LEWIS of Georgia, 

Ms. CLARK of Massachusetts, Ms. BONAMICI, Mrs. NAPOLITANO, Ms. 

JUDY CHU of California, Mr. HUFFMAN, Ms. VELA ́ZQUEZ, Mr. DEFAZIO, 

Mr. SHERMAN, Mr. SERRANO, Ms. TSONGAS, Mr. CARBAJAL, Ms. MAXINE WATERS of California, Ms. ESHOO, Ms. DELAURO, Mr. O’ROURKE, 

Mrs. CAROLYN B. MALONEY of New York, Mr. WALZ, Mr. SCOTT of Virginia, and Mr. MCNERNEY) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To prohibit the introduction of the Armed Forces into hostilities in North Korea without a declaration of war or 

explicit statutory authorization, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Unconstitutional 

5 Strike against North Korea Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The President is currently prohibited from 

9 initiating a war or launching a first strike without 

10 congressional approval under the Constitution and 

11 Federal law. 

12 (2) The Constitution, in Article I, Section 8, 

13 grants Congress the sole power to declare war. 

14 (3) George Washington wrote that ‘‘The con15 stitution vests the power of declaring war in Con16 gress; therefore no offensive expedition of impor17 tance can be undertaken until after they shall have 

18 deliberated upon the subject and authorized such a 

19 measure’’ (Letter from George Washington to Wil20 liam Moultrie, August 28, 1793). 

21 (4) Alexander Hamilton wrote that ‘‘The Con22 gress shall have the power to declare war; the plain 

23 meaning of which is, that it is the peculiar and ex24 clusive duty of Congress, when the nation is at 

25 peace, to change that state into a state of war’’ 


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1 (Hamilton Papers, Examination Number I, Decem2 ber 17, 1801). 

3 (5) James Madison wrote that ‘‘The power to 

4 declare war, including the power of judging the 

5 causes of war, is fully and exclusively vested in the 

6 legislature . . . the executive has no right, in any 

7 case, to decide the question, whether there is or is 

8 not cause for declaring war’’ (Madison Papers, 

9 ‘‘Helvidius’’, Number 4, September 14, 1793). 

10 (6) Section 2(c) of the War Powers Resolution 

11 (Public Law 93–148; 50 U.S.C. 1541) states that 

12 ‘‘the constitutional powers of the President as Com13 mander-in-Chief to introduce United States Armed 

14 Forces into hostilities, or into situations where im15 minent involvement in hostilities is clearly indicated 

16 by the circumstances, are exercised only pursuant to 

17 (1) a declaration of war, (2) specific statutory au18 thorization, or (3) a national emergency created by 

19 attack upon the United States, its territories or pos20 sessions, or its armed forces’’. 

21 (7) The American people, America’s allies in 

22 Asia, and the entire world have been deeply troubled 

23 by escalating tensions on the Korean peninsula. 

24 (8) Recent polling demonstrates that more than 

25 two-thirds of the American people believe that the 


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1 United States should attack North Korea only if 

2 North Korea attacks first. 

3 (9) The United States has approximately 

4 28,500 servicemembers stationed in South Korea, 

5 who would be placed in grave danger if an active 

6 military conflict were to erupt. 

7 (10) On August 14, 2017, Chairman of the 

8 U.S. Joint Chiefs of Staff, Marine Corps General 

9 Joseph Dunford stated that ‘‘the United States mili10 tary’s priority is to support our government’s efforts 

11 to achieve the denuclearization of the Korean Penin12 sula through diplomatic and economic pressure’’. 

13 (11) On August 10, 2017, Defense Secretary 

14 James Mattis stated that armed conflict with North 

15 Korea ‘‘would be catastrophic’’. 

16 SEC. 3. SENSE OF CONGRESS IN SUPPORT OF A DIPLO17 MATIC RESOLUTION TO GROWING TENSIONS 

18 WITH NORTH KOREA. 

19 It is the sense of Congress that— 

20 (1) a conflict on the Korean peninsula would 

21 have catastrophic consequences for— 

22 (A) the American people; 

23 (B) members of the United States Armed 

24 Forces stationed in the region; 

25 (C) United States interests; 


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1 (D) United States allies South Korea and 

2 Japan; 

3 (E) the long-suffering people of North 

4 Korea; and 

5 (F) global peace and security more broad6 ly; 

7 (2) actions and statements that increase ten8 sions and could lead to miscalculation should be 

9 avoided; and 

10 (3) the President, in coordination with United 

11 States allies, should explore and pursue every fea12 sible opportunity to— 

13 (A) engage in talks with North Korea on 

14 concrete steps to reduce tensions and improve 

15 communication; 

16 (B) initiate negotiations designed to 

17 achieve a diplomatic agreement to halt and 

18 eventually reverse North Korea’s nuclear and 

19 missile pursuits; and 

20 (C) move toward denuclearization and a 

21 permanent peace in the Korean peninsula. 

22 SEC. 4. PROHIBITION ON UNCONSTITUTIONAL MILITARY 

23 STRIKES AGAINST NORTH KOREA. 

24 (a) IN GENERAL.—None of the funds appropriated 

25 or otherwise made available to the Department of Defense 


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1 or to any other Federal department or agency may be used 

2 to launch a military strike against North Korea or other3 wise introduce the Armed Forces into hostilities in North 

4 Korea before the earlier of— 

5 (1) the date on which Congress declares war on 

6 North Korea; or 

7 (2) the date of the enactment of an authoriza8 tion described in subsection (b). 

9 (b) AUTHORIZATION OF MILITARY STRIKES.—An au10 thorization described in this subsection is an authorization 

11 that meets the requirements of the War Powers Resolution 

12 (50 U.S.C. 1541 et seq.) and that is enacted after the 

13 date of the enactment of this Act. 

14 (c) EXCEPTIONS.—The prohibition under subsection 

15 (a) shall not apply with respect to the introduction of the 

16 Armed Forces into hostilities— 

17 (1) to repel a sudden attack on the United 

18 States, its territories or possessions, or its armed 

19 forces, or its allies; or 

20 (2) to rescue or remove United States per21 sonnel. 

22 (d) RULE OF CONSTRUCTION.—Nothing in this sec23 tion may be construed to affect or alter the requirements 

24 of the War Powers Resolution (50 U.S.C. 1541 et seq.) 


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1 or to relieve the Executive Branch of the restrictions or 

2 reporting requirements therein. 

Æ 


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