[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2533-S2534]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 347. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 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 appropriate place, insert the following:

     SEC. ___. RESTRICTION ON FIRST-USE NUCLEAR STRIKES.

       (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 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

[[Page S2534]]

     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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