congressional approval under the United States Con-
stitution and United States law. 
(2) The Constitution, in article I, section 8, 
grants Congress the sole power to declare war. 
(3) George Washington, in a letter to William 
Moultrie dated August 28, 1793, wrote, ‘‘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.’’. 
(4) In Examination Number 1 of the Hamilton 
Papers, dated December 17, 1801, Alexander Ham-
ilton wrote, ‘‘The Congress shall have the power to 
declare war; the plain meaning of which is, that it 
is the peculiar and exclusive duty of Congress, when 
the nation is at peace, to change that state into a 
state of war.’’. 
(5) James Madison wrote, in Madison Papers, 
Helvidius, Number 4, dated September 14, 1793, 
‘‘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.’’. 
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(6) Section 2(c) of the War Powers Resolution 
(50 U.S.C. 1541(c)) states that ‘‘the constitutional 
powers of the President as Commander-in-Chief to 
introduce United States Armed Forces into hos-
tilities, or into situations where imminent involve-
ment in hostilities is clearly indicated by the cir-
cumstances, are exercised only pursuant to (1) a 
declaration of war, (2) specific statutory authoriza-
tion, or (3) a national emergency created by attack 
upon the United States, its territories or posses-
sions, or its armed forces’’. 
(7) On April 12, 2018, then-Director of the 
Central Intelligence Agency, Mike Pompeo, testified 
before the Committee on Foreign Relations of the 
Senate that he believed the President had the au-
thority to send U.S. military forces into action even 
if none of the qualifications of section 2(c) of the 
War Powers Resolution are met. 
(8) On February 13, 2020, a bipartisan major-
ity in the Senate directed the President to remove 
Armed Forces from hostilities against Iran or any 
part of its government or military, unless otherwise 
explicitly authorized by Congress, following passage 
of a similar measure in the House of Representa-
tives on January 9, 2020. 
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(9) The United States has approximately 
28,500 members of the Armed Forces stationed in 
Korea, and over 100,000 United States citizens in 
total, all of whom would be placed in grave danger 
if an active military conflict on the Korean Penin-
sula were to erupt. 
SEC. 3. PROHIBITION ON UNCONSTITUTIONAL MILITARY 
STRIKES AGAINST NORTH KOREA. 
(a) PROHIBITION OF AUTHORIZED MILITARY FORCE 
IN OR AGAINST NORTH KOREA.—Except as provided in 
subsection (b), no Federal funds may be obligated or ex-
pended for any use of military force in or against North 
Korea unless Congress has— 
(1) declared war; or 
(2) enacted specific statutory authorization for 
such use of military force after the date of the en-
actment of this Act that meets the requirements of 
the War Powers Resolution (50 U.S.C. 1541 et 
seq.). 
(b) EXCEPTION.—The prohibition under subsection 
(a) shall not apply to a use of military force that is con-
sistent with section 2(c) of the War Powers Resolution. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed— 
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(1) to prevent the President from using nec-
essary and appropriate force to defend United States 
allies and partners if Congress enacts specific statu-
tory authorization for such use of force consistent 
with the requirements of the War Powers Resolution 
(50 U.S.C. 1541 et seq.); 
(2) to relieve the executive branch of restric-
tions on the use of force, reporting, or consultation 
requirements set forth in the War Powers Resolution 
(50 U.S.C. 1541 et seq.); or 
(3) to authorize the use of military force. 
SEC. 4. SENSE OF CONGRESS IN SUPPORT OF DIPLOMATIC 
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 the American 
people, for members of the United States Armed 
Forces stationed in the region, for United States in-
terests, for United States allies the Republic of 
Korea and Japan, for the long-suffering people of 
North Korea, and for global peace and security more 
broadly, and that actions and statements that in-
crease tensions and could lead to miscalculation 
should be avoided; and 
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(2) the President, in coordination with United 
States allies, should explore and pursue every fea-
sible opportunity to engage in talks with the Govern-
ment of North Korea on concrete steps to reduce 
tensions and improve communication, and to reinvig-
orate high-level negotiations aimed at achieving a 
diplomatic agreement consistent with the June 12, 
2018, Joint Statement of President Donald J. 
Trump of the United States of America and Chair-
man Kim Jong Un of the Democratic People’s Re-
public of Korea at the Singapore Summit. 
Æ 
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