This bill would bar federal funds from being used to carry out a first-use nuclear strike unless Congress has declared war and expressly authorized that strike. It defines a "first-use nuclear strike" as a nuclear attack on an enemy that happens without the Secretary of Defense and the Chairman of the Joint Chiefs of Staff first confirming to the President that the United States, its territories, or its allies were struck. The bill includes findings that the Constitution gives Congress the power to declare war, that nuclear weapons have extreme destructive effects, and that first-use strikes should not occur without a congressional declaration of war.
If enacted, the President could not use federal money to conduct a first-use nuclear strike unless Congress declares war and specifically authorizes that strike. The bill sets a procedural definition that requires military leaders to confirm an incoming nuclear attack before a strike counts as non-first-use. The text states this as national policy and cites constitutional concerns about one person making the decision to start a nuclear attack.
The bill prohibits the obligation or expenditure of federal funds for a first-use nuclear strike except when Congress declares war and authorizes the strike. No publicly available information on estimated budget costs or savings is provided in the bill text.
The sponsors say the Constitution gives Congress the sole power to declare war and that such a grave decision should be made by representatives, not a single person. The bill cites the War Powers Resolution and describes nuclear weapons as uniquely destructive, able to kill many people and cause long-term harm. Supporters argue a first-use nuclear strike would be a major act of war and that conducting one without a congressional declaration would violate the Constitution. They say Congress must provide checks on the President's sole authority to authorize nuclear use.
No publicly available information.