,,ii  #aaith ,,congress  #ast ,session  
,s4 #aib  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,january #bb1       
#bjbe,mr4 ,markey 7for himself1 ,mr4    
,merkley1 ,ms4 ,warren1 ,mr4 ,van       
,hollen1 ,mr4 ,welch1 ,mr4 ,sanders1 and
 ,mr4 ,wyden7 introduced the following  
bill2 which was read twice and referred 
to the ,committee on ,foreign ,relations
  ,a ,,bill  ,to restrict the first-use 
strike of nuclear weapons4  #a4 ,short  
title ,this ,act may be cited as the    
,restricting ,first ,use of ,nuclear    
,weapons ,act of #bjbe4  #b4 ,findings  
and declaration of policy  7a7 ,findings
 ,congress finds the following3 7#a7    
,the ,constitution gives ,congress the  
sole power to declare war4  7#b7 ,the   
framers of the ,constitution understood 
that the monumental decision to go to   
war1 which can result in massive death  
and the destruction of civilized        
society1 must be made by the            
representatives of the people and not by
 a single person4  7#c7 ,as stated by   

section #b7;c7 of the ,war ,powers      
,resolution 7,public ,law #ic-adh2 #ej  
,u4,s4,c4 #aeda71 the constitutional    
powers of the ,president as             
,commander-in-,chief to introduce       
,united ,states ,armed ,forces into     
hostilities1 or into situations where   
imminent involvement in hostilities is  
clearly indicated by the circumstances1 
are exercised only pursuant to 7#a7 a   
declaration of war1 7#b7 specific       
statutory authorization1 or 7#c7 a      
national emergency created by attack    
upon the ,united ,states1 its           
territories or possessions1 or its armed
 forces4  7#d7 ,nuclear weapons are     
uniquely powerful weapons that have the 
capability to instantly kill millions of
 people1 create long-term health and    
environmental consequences throughout   
the world1 directly undermine global    
peace1 and put the ,united ,states at   
existential risk from retaliatory       
nuclear strikes4  7#e7 ,a first-use     
nuclear strike carried out by the       

,united ,states would constitute a major
 act of war4  7#f7 ,a first-use nuclear 
strike conducted absent a declaration of
 war by ,congress would violate the     
,constitution4  7#g7 ,the ,president has
 the sole authority to authorize the use
 of nuclear weapons1 an order which     
military officers of the ,united ,states
 must carry out in accordance with their
 obligations under the ,uniform ,code of
 ,military ,justice4  7#h7 ,given its   
exclusive power under the ,constitution 
to declare war1 ,congress must provide  
meaningful checks and balances to the   
,president's sole authority to authorize
 the use of a nuclear weapon4  7b7      
,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
 ,congress4  #c4 ,prohibition on conduct
 of first-use nuclear strikes  7a7      
,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 strike4  7b7 ,first-,use
 nuclear strike defined ,in this        
section1 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      
,states1 its territories1 or its allies 
7as specified in section #c7;b77#b7 of  
the ,arms ,export ,control ,act 7#bb    
,u4,s4,c4 #bgec7;b77#b7774