Title: Restricting First Use of Nuclear Weapons Act of 2021
Policy area: International Affairs

Summary:
Restricting First Use of Nuclear Weapons Act of 2021
This bill prohibits the use of federal funds to conduct a first-use nuclear strike unless Congress expressly authorizes such a strike pursuant to a declaration of war. A first-use nuclear strike is an attack using nuclear weapons against an enemy that did not first launch a nuclear strike against the United States, its territories, or its allies.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1148 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1148

          To restrict the first-use strike of nuclear weapons.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 15, 2021

 Mr. Markey (for himself, Mr. Merkley, Ms. Warren, Mr. Murphy, Mr. Van 
     Hollen, Mr. Schatz, Ms. Smith, Mrs. Feinstein, and Mr. Leahy) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
          To restrict the first-use strike of nuclear weapons.

    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 ``Restricting First Use of Nuclear 
Weapons Act of 2021''.

SEC. 2. FINDINGS AND DECLARATION OF POLICY.

    (a) Findings.--Congress finds the following:
            (1) The Constitution gives Congress the sole power to 
        declare war.
            (2) The framers of the Constitution understood that the 
        monumental decision to go to war, which can result in massive 
        death and the destruction of civilized society, must be made by 
        the representatives of the people and not by a single person.
            (3) As stated by section 2(c) of the War Powers Resolution 
        (Public Law 93-148; 50 U.S.C. 1541), ``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''.
            (4) Nuclear weapons are uniquely powerful weapons that have 
        the capability to instantly kill millions of people, create 
        long-term health and environmental consequences throughout the 
        world, directly undermine global peace, and put the United 
        States at existential risk from retaliatory nuclear strikes.
            (5) A first-use nuclear strike carried out by the United 
        States would constitute a major act of war.
            (6) A first-use nuclear strike conducted absent a 
        declaration of war by Congress would violate the Constitution.
            (7) The President has the sole authority to authorize the 
        use of nuclear weapons, an order which military officers of the 
        United States must carry out in accordance with their 
        obligations under the Uniform Code of Military Justice.
            (8) Given its exclusive power under the Constitution to 
        declare war, Congress must provide meaningful checks and 
        balances to the President's sole authority to authorize the use 
        of a nuclear weapon.
    (b) Declaration of Policy.--It is the policy of the United States 
that no first-use nuclear strike should be conducted absent a 
declaration of war by Congress.

SEC. 3. PROHIBITION ON CONDUCT OF FIRST-USE NUCLEAR STRIKES.

    (a) Prohibition.--No Federal funds may be obligated or expended to 
conduct a first-use nuclear strike unless such strike is conducted 
pursuant to a war declared by Congress that expressly authorizes such 
strike.
    (b) First-Use Nuclear Strike Defined.--In this section, the term 
``first-use nuclear strike'' means an attack using nuclear weapons 
against an enemy that is conducted without the Secretary of Defense and 
the Chairman of the Joint Chiefs of Staff first confirming to the 
President that there has been a nuclear strike against the United 
States, its territories, or its allies (as specified in section 3(b)(2) 
of the Arms Export Control Act (22 U.S.C. 2753(b)(2))).
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