[Congressional Record Volume 167, Number 192 (Tuesday, November 2, 2021)]
[Senate]
[Page S7639]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4172. Mr. MARKEY (for himself, Ms. Smith, and Mr. Merkley) 
submitted an amendment intended to be proposed to amendment SA 3867 
submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 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 subtitle C of title XV, add the following:

     SEC. 1548. RESTRICTION ON FIRST-USE STRIKE OF NUCLEAR 
                   WEAPONS..

       (a) Findings and Declaration of Policy.--
       (1) Findings.--Congress finds the following:
       (A) The Constitution gives Congress the sole power to 
     declare war.
       (B) 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.
       (C) 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''.
       (D) 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.
       (E) A first-use nuclear strike carried out by the United 
     States would constitute a major act of war.
       (F) A first-use nuclear strike conducted absent a 
     declaration of war by Congress would violate the 
     Constitution.
       (G) 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.
       (H) 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.
       (2) 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.
       (b) Prohibition on Conduct of First-use Nuclear Strikes.--
       (1) 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.
       (2) First-use nuclear strike defined.--In this subsection, 
     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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