II 

115TH CONGRESS 

1ST SESSION S. 2047 

To restrict the use of funds for kinetic military operations in North Korea. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 31, 2017 

Mr. MURPHY (for himself, Ms. DUCKWORTH, Mr. SCHATZ, Mr. BOOKER, Mr. 

SANDERS, Mr. MERKLEY, Ms. WARREN, and Mr. UDALL) introduced the 

following bill; which was read twice and referred to the Committee on 

Foreign Relations 

A BILL 

To restrict the use of funds for kinetic military operations 

in North Korea. 

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 ‘‘Preventing Preemptive 

5 War in North Korea Act of 2017’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) North Korea’s nuclear weapons program 

9 presents a grave threat to the United States and our 

10 allies in Asia, including South Korea and Japan. 


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1 (2) North Korea’s ongoing missile tests and nu2 clear weapons development have led to escalating 

3 tensions with South Korea, Japan, China, and the 

4 United States. 

5 (3) Secretary of Defense James Mattis warned 

6 that if North Korea retaliated against a limited first 

7 strike using its conventional artillery arsenal, it 

8 ‘‘would probably be the worst kind of fighting in 

9 most people’s lifetimes’’. 

10 (4) 230,000 United States nationals in South 

11 Korea, including 28,500 members of the Armed 

12 Forces, would be at risk in the case of war with 

13 North Korea. 

14 (5) The Pentagon estimates that 20,000 people 

15 in Seoul would die every day in the event of a con16 ventional war on the Korean Peninsula. 

17 (6) Secretary of State Rex Tillerson traveled to 

18 Beijing in September 2017 to discuss calming ten19 sions and obtaining a diplomatic solution on North 

20 Korea. 

21 (7) President Trump tweeted during Secretary 

22 Tillerson’s visit that the Secretary of State was 

23 ‘‘wasting his time’’ and previously threatened that 

24 North Korea’s leaders ‘‘wouldn’t be around much 

25 longer’’. 


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1 (8) Loose talk of war and belligerent rhetoric 

2 increases the risk of miscalculation by either side 

3 and severely unnerves United States allies. 

4 (9) Article I, section 8, of the Constitution 

5 grants Congress the sole power to declare war. 

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

7 (50 U.S.C. 1541(c)) states, ‘‘The constitutional pow8 ers of the President as Commander-in-Chief to intro9 duce United States Armed Forces into hostilities, or 

10 into situations where imminent involvement in hos11 tilities is clearly indicated by the circumstances, are 

12 exercised only pursuant to (1) a declaration of war, 

13 (2) specific statutory authorization, or (3) a national 

14 emergency created by attack upon the United 

15 States, its territories or possessions, or its armed 

16 forces.’’. 

17 SEC. 3. RESTRICTION ON USE OF FUNDS FOR KINETIC MILI18 TARY OPERATIONS IN NORTH KOREA. 

19 (a) IN GENERAL.—No funds may be used for kinetic 

20 military operations in North Korea absent an imminent 

21 threat to the United States without express congressional 

22 authorization. 

23 (b) EXCEPTIONS.—The prohibition shall not apply 

24 with respect to the introduction of the Armed Forces into 

25 hostilities to repel a sudden attack on the United States, 


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1 its territories or possessions, or its Armed Forces, or its 

2 allies; nor does it apply to the deployment of United States 

3 Armed Forces to rescue or remove United States citizens 

4 or personnel. 

5 (c) RULES OF CONSTRUCTION.—Nothing in this sec6 tion may be construed to relieve the Executive Branch of 

7 the restrictions on the use of force or the reporting re8 quirements stated in the War Powers Resolution (50 

9 U.S.C. 1541 et seq.). 

Æ 


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