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. MCGOV-
ERN, 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 Illi-
nois, 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. MAX-
INE WATERS of California, Ms. ESHOO, Ms. DELAURO, Mr. O’ROURKE, 
Mrs. CAROLYN B. MALONEY of New York, Mr. WALZ, Mr. SCOTT of Vir-
ginia, and Mr. MCNERNEY) introduced the following bill; which was re-
ferred to the Committee on Foreign Affairs, and in addition to the Com-
mittee on Armed Services, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To prohibit the introduction of the Armed Forces into hos-
tilities in North Korea without a declaration of war or 
explicit statutory authorization, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘No Unconstitutional 
Strike against North Korea Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The President is currently prohibited from 
initiating a war or launching a first strike without 
congressional approval under the Constitution and 
Federal law. 
(2) The Constitution, in Article I, Section 8, 
grants Congress the sole power to declare war. 
(3) George Washington wrote that ‘‘The con-
stitution vests the power of declaring war in Con-
gress; therefore no offensive expedition of impor-
tance can be undertaken until after they shall have 
deliberated upon the subject and authorized such a 
measure’’ (Letter from George Washington to Wil-
liam Moultrie, August 28, 1793). 
(4) Alexander Hamilton wrote that ‘‘The Con-
gress shall have the power to declare war; the plain 
meaning of which is, that it is the peculiar and ex-
clusive duty of Congress, when the nation is at 
peace, to change that state into a state of war’’ 
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(Hamilton Papers, Examination Number I, Decem-
ber 17, 1801). 
(5) James Madison wrote that ‘‘The power to 
declare war, including the power of judging the 
causes of war, is fully and exclusively vested in the 
legislature . . . the executive has no right, in any 
case, to decide the question, whether there is or is 
not cause for declaring war’’ (Madison Papers, 
‘‘Helvidius’’, Number 4, September 14, 1793). 
(6) Section 2(c) of the War Powers Resolution 
(Public Law 93–148; 50 U.S.C. 1541) states that 
‘‘the constitutional powers of the President as Com-
mander-in-Chief to introduce United States Armed 
Forces into hostilities, or into situations where im-
minent involvement in hostilities is clearly indicated 
by the circumstances, are exercised only pursuant to 
(1) a declaration of war, (2) specific statutory au-
thorization, or (3) a national emergency created by 
attack upon the United States, its territories or pos-
sessions, or its armed forces’’. 
(7) The American people, America’s allies in 
Asia, and the entire world have been deeply troubled 
by escalating tensions on the Korean peninsula. 
(8) Recent polling demonstrates that more than 
two-thirds of the American people believe that the 
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United States should attack North Korea only if 
North Korea attacks first. 
(9) The United States has approximately 
28,500 servicemembers stationed in South Korea, 
who would be placed in grave danger if an active 
military conflict were to erupt. 
(10) On August 14, 2017, Chairman of the 
U.S. Joint Chiefs of Staff, Marine Corps General 
Joseph Dunford stated that ‘‘the United States mili-
tary’s priority is to support our government’s efforts 
to achieve the denuclearization of the Korean Penin-
sula through diplomatic and economic pressure’’. 
(11) On August 10, 2017, Defense Secretary 
James Mattis stated that armed conflict with North 
Korea ‘‘would be catastrophic’’. 
SEC. 3. SENSE OF CONGRESS IN SUPPORT OF A DIPLO-
MATIC RESOLUTION TO GROWING TENSIONS 
WITH NORTH KOREA. 
It is the sense of Congress that— 
(1) a conflict on the Korean peninsula would 
have catastrophic consequences for— 
(A) the American people; 
(B) members of the United States Armed 
Forces stationed in the region; 
(C) United States interests; 
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(D) United States allies South Korea and 
Japan; 
(E) the long-suffering people of North 
Korea; and 
(F) global peace and security more broad-
ly; 
(2) actions and statements that increase ten-
sions and could lead to miscalculation should be 
avoided; and 
(3) the President, in coordination with United 
States allies, should explore and pursue every fea-
sible opportunity to— 
(A) engage in talks with North Korea on 
concrete steps to reduce tensions and improve 
communication; 
(B) 
initiate 
negotiations 
designed 
to 
achieve a diplomatic agreement to halt and 
eventually reverse North Korea’s nuclear and 
missile pursuits; and 
(C) move toward denuclearization and a 
permanent peace in the Korean peninsula. 
SEC. 4. PROHIBITION ON UNCONSTITUTIONAL MILITARY 
STRIKES AGAINST NORTH KOREA. 
(a) IN GENERAL.—None of the funds appropriated 
or otherwise made available to the Department of Defense 
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or to any other Federal department or agency may be used 
to launch a military strike against North Korea or other-
wise introduce the Armed Forces into hostilities in North 
Korea before the earlier of— 
(1) the date on which Congress declares war on 
North Korea; or 
(2) the date of the enactment of an authoriza-
tion described in subsection (b). 
(b) AUTHORIZATION OF MILITARY STRIKES.—An au-
thorization described in this subsection is an authorization 
that meets the requirements of the War Powers Resolution 
(50 U.S.C. 1541 et seq.) and that is enacted after the 
date of the enactment of this Act. 
(c) EXCEPTIONS.—The prohibition under subsection 
(a) shall not apply with respect to the introduction of the 
Armed Forces into hostilities— 
(1) to repel a sudden attack on the United 
States, its territories or possessions, or its armed 
forces, or its allies; or 
(2) to rescue or remove United States per-
sonnel. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to affect or alter the requirements 
of the War Powers Resolution (50 U.S.C. 1541 et seq.) 
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or to relieve the Executive Branch of the restrictions or 
reporting requirements therein. 
Æ 
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