[Congressional Record Volume 166, Number 117 (Thursday, June 25, 2020)]
[Senate]
[Page S3506]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2046. Mr. MARKEY (for himself, Ms. Warren, Mr. Merkley, and Mr. 
Sanders) submitted an amendment intended to be proposed by him to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

    Subtitle H--Prevention of an Unconstitutional War in North Korea

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``No Unconstitutional War 
     with North Korea Act of 2020''.

     SEC. 1292. FINDINGS.

       Congress makes the following findings:
       (1) The President is currently prohibited from initiating a 
     war or launching a first strike without congressional 
     approval under the United States Constitution and United 
     States law.
       (2) The Constitution, in Article I, Section 8, grants 
     Congress the sole power to declare war.
       (3) 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 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. 1293. 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 expended 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 enactment 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 consistent with 
     section 2(c) of the War Powers Resolution.
       (c) Rule of Construction.--Nothing in this section may be 
     construed--
       (1) to prevent the President from using necessary and 
     appropriate force to defend United States allies and partners 
     if Congress enacts specific statutory 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 restrictions 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. 1294. 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 interests, 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 increase 
     tensions and could lead to miscalculation should be avoided; 
     and
       (2) the President, in coordination with United States 
     allies, should explore and pursue every feasible opportunity 
     to engage in talks with the Government of North Korea on 
     concrete steps to reduce tensions and improve communication, 
     and to reinvigorate 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 Chairman Kim Jong Un of the 
     Democratic People's Republic of Korea at the Singapore 
     Summit.
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