I 
115TH CONGRESS 
1ST SESSION H. R. 4140 
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 
OCTOBER 26, 2017 
Mr. CONYERS (for himself, Mr. MASSIE, Mr. KHANNA, 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. WAT-
SON 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 Cali-
fornia, Ms. ESHOO, and Ms. DELAURO) 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 de-
termined 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 hos-
tilities in North Korea without a declaration of war or 
explicit statutory authorization, and for other purposes. 
VerDate Sep 11 2014 
19:25 Oct 30, 2017
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H4140.IH
H4140
asabaliauskas on DSKBBXCHB2PROD with BILLS
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’’ 
VerDate Sep 11 2014 
19:25 Oct 30, 2017
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4140.IH
H4140
asabaliauskas on DSKBBXCHB2PROD with BILLS
(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 
VerDate Sep 11 2014 
19:25 Oct 30, 2017
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4140.IH
H4140
asabaliauskas on DSKBBXCHB2PROD with BILLS
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; 
VerDate Sep 11 2014 
19:25 Oct 30, 2017
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4140.IH
H4140
asabaliauskas on DSKBBXCHB2PROD with BILLS
(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 
VerDate Sep 11 2014 
19:25 Oct 30, 2017
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4140.IH
H4140
asabaliauskas on DSKBBXCHB2PROD with BILLS