Title: Preventing Preemptive War in North Korea Act of 2018
Policy area: International Affairs

Summary:
Preventing Preemptive War in North Korea Act of 2018
This bill prohibits funds from being used without express congressional authorization for kinetic military operations in North Korea absent an imminent threat to the United States.
The prohibition shall not apply to the introduction of the Armed Forces to: (1) repel an attack on the United States, its territories or possessions, the Armed Forces, or U.S. allies; or (2) rescue or remove U.S. personnel.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5434 Introduced in House (IH)]

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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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Preemptive War in North 
Korea Act of 2018''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) North Korea's nuclear weapons program presents a grave 
        threat to the United States and our allies in Asia, including 
        South Korea and Japan.
            (2) North Korea's ongoing missile tests and nuclear weapons 
        development have led to escalating tensions with South Korea, 
        Japan, China, and the United States.
            (3) Secretary of Defense James Mattis warned that if North 
        Korea retaliated against a limited first strike using its 
        conventional artillery arsenal, it ``would probably be the 
        worst kind of fighting in most people's lifetimes''.
            (4) 230,000 United States nationals in South Korea, 
        including 28,500 members of the Armed Forces, would be at risk 
        in the case of war with North Korea.
            (5) The Pentagon estimates that 20,000 people in Seoul 
        would die every day in the event of a conventional war on the 
        Korean Peninsula.
            (6) Secretary of State Rex Tillerson traveled to Beijing in 
        September 2017 to discuss calming tensions and obtaining a 
        diplomatic solution on North Korea.
            (7) President Trump tweeted during Secretary Tillerson's 
        visit that the Secretary of State was ``wasting his time'' and 
        previously threatened that North Korea's leaders ``wouldn't be 
        around much longer''.
            (8) Loose talk of war and belligerent rhetoric increases 
        the risk of miscalculation by either side and severely unnerves 
        United States allies.
            (9) Article I, section 8, of the Constitution grants 
        Congress the sole power to declare war.
            (10) Section 2(c) of the War Powers Resolution (50 U.S.C. 
        1541(c)) states, ``The constitutional powers of the President 
        as Commander-in-Chief to introduce United States Armed Forces 
        into hostilities, or into situations where imminent involvement 
        in hostilities is clearly indicated by the circumstances, are 
        exercised only pursuant to (1) a declaration of war, (2) 
        specific statutory authorization, or (3) a national emergency 
        created by attack upon the United States, its territories or 
        possessions, or its armed forces.''.

SEC. 3. RESTRICTION ON USE OF FUNDS FOR KINETIC MILITARY OPERATIONS IN 
              NORTH KOREA.

    (a) In General.--No funds may be used for kinetic military 
operations in North Korea absent an imminent threat to the United 
States without express congressional authorization.
    (b) Exceptions.--The prohibition shall not apply with respect to 
the introduction of the Armed Forces into hostilities to repel a sudden 
attack on the United States, its territories or possessions, or its 
Armed Forces, or its allies; nor does it apply to the deployment of 
United States Armed Forces to rescue or remove United States citizens 
or personnel.
    (c) Rules of Construction.--Nothing in this section may be 
construed to relieve the Executive Branch of the restrictions on the 
use of force or the reporting requirements stated in the War Powers 
Resolution (50 U.S.C. 1541 et seq.).
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