S.Amdt. 2046

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.
______