I 

115TH CONGRESS 

2D SESSION H. R. 5434 

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

IN THE HOUSE OF REPRESENTATIVES 

APRIL 5, 2018 

Mr. TED LIEU of California 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 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 2018’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


khammond on DSK30JT082PROD with BILLS
2 

•HR 5434 IH

1 (1) North Korea’s nuclear weapons program 

2 presents a grave threat to the United States and our 

3 allies in Asia, including South Korea and Japan. 

4 (2) North Korea’s ongoing missile tests and nu5 clear weapons development have led to escalating 

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

7 United States. 

8 (3) Secretary of Defense James Mattis warned 

9 that if North Korea retaliated against a limited first 

10 strike using its conventional artillery arsenal, it 

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

12 most people’s lifetimes’’. 

13 (4) 230,000 United States nationals in South 

14 Korea, including 28,500 members of the Armed 

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

16 North Korea. 

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

18 in Seoul would die every day in the event of a con19 ventional war on the Korean Peninsula. 

20 (6) Secretary of State Rex Tillerson traveled to 

21 Beijing in September 2017 to discuss calming ten22 sions and obtaining a diplomatic solution on North 

23 Korea. 

24 (7) President Trump tweeted during Secretary 

25 Tillerson’s visit that the Secretary of State was 


khammond on DSK30JT082PROD with BILLS
3 

•HR 5434 IH

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

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

3 longer’’. 

4 (8) Loose talk of war and belligerent rhetoric 

5 increases the risk of miscalculation by either side 

6 and severely unnerves United States allies. 

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

8 grants Congress the sole power to declare war. 

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

10 (50 U.S.C. 1541(c)) states, ‘‘The constitutional pow11 ers of the President as Commander-in-Chief to intro12 duce United States Armed Forces into hostilities, or 

13 into situations where imminent involvement in hos14 tilities is clearly indicated by the circumstances, are 

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

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

17 emergency created by attack upon the United 

18 States, its territories or possessions, or its armed 

19 forces.’’. 

20 SEC. 3. RESTRICTION ON USE OF FUNDS FOR KINETIC MILI21 TARY OPERATIONS IN NORTH KOREA. 

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

23 military operations in North Korea absent an imminent 

24 threat to the United States without express congressional 

25 authorization. 


khammond on DSK30JT082PROD with BILLS
4 

•HR 5434 IH

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

2 with respect to the introduction of the Armed Forces into 

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

4 its territories or possessions, or its Armed Forces, or its 

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

6 Armed Forces to rescue or remove United States citizens 

7 or personnel. 

8 (c) RULES OF CONSTRUCTION.—Nothing in this sec9 tion may be construed to relieve the Executive Branch of 

10 the restrictions on the use of force or the reporting re11 quirements stated in the War Powers Resolution (50 

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

Æ 


khammond on DSK30JT082PROD with BILLS