[CongressionalBill BillsText 119th- Congress]AJR-30 [FromRestricting theFirst U.S.Use of Nuclear Weapons Act of 2017.

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19209/05/18 To- restrictChaptered the08/29/18 first-use- strikeEnrolled 06/14/18 - Amended Assembly 01/30/18 - Introduced AJR-30 Restricting First Use of nuclearNuclear weapons.Weapons Act of 2017.(2017-2018) Text >> Votes >> History >> Bill Analysis >> Today's Law As Amended >> Compare Versions >> Status >> Comments To Author >> Add To My Favorites >> SHARE THIS:

_______________________________________________________________________AJR30:v96#DOCUMENTBill INStart THEAssembly SENATEJoint OFResolution THENo. UNITED STATES January 22, 2025 Mr.

Markey30 (forCHAPTER himself,195Relative Mr.to nuclear weapons.

Merkley,[ Ms.Filed with Secretary of State  September 05, 2018.

Warren,] Mr.LEGISLATIVE COUNSEL'S DIGESTAJR 30, Aguiar-Curry.

VanRestricting Hollen,First Mr.Use of Nuclear Weapons Act of 2017.This measure would urge the United States Congress to speedily take up and pass the Restricting First Use of Nuclear Weapons Act of 2017, and send it to the President for his signature.Digest Key Fiscal Committee:

Welch,NO  Bill Mr.TextWHEREAS, Nuclear weapons are uniquely powerful instruments with the capability to instantly kill millions of people, including noncombatants and children, and to create long-term health and environmental damage throughout the world, including the lands and people of the nation using them.

Sanders,These weapons have the capability to directly undermine global peace and Mr.place the United States at existential risk from retaliatory nuclear strikes;

Wyden)andWHEREAS, introducedGlobal spiritual leaders have noted that nuclear weapons exist in the followingservice bill;of a mentality of fear that affects not only parties in conflict but the entire human race, so that the real priorities facing our human family, such as the fight against poverty, the promotion of peace, and the undertaking of educational, ecological, and health care projects are relegated to second place;

whichandWHEREAS, wasThe readUnited twiceStates andpossesses referred to the Committeeworld’s onparamount Foreignnuclear Relationsweapons _______________________________________________________________________capability, Aas BILLwell Toas restrictits theparamount first-useconventional strikewarfare ofcapability; nuclear weapons.

BeandWHEREAS, itThe enactedframers byof the SenateUnited States Constitution understood that the monumental decision to go to war, which can result in massive death and Housethe destruction of Representativescivilized ofsociety, themust Unitedbe Statesmade by the representatives of Americathe people in Congress assembled,and SECTIONnot 1.by a single person;

SHORTandWHEREAS, TITLE.The United States Constitution gives Congress the sole power to declare war;

ThisandWHEREAS, ActBy mayany bedefinition citedof aswar, a first-use nuclear strike from the ``RestrictingUnited FirstStates Usewould ofconstitute Nucleara Weaponsmajor Actact of 2025''.war;

SEC.andWHEREAS, Several California cities, including Berkeley, Davis, Hayward, Oakland, and Santa Cruz, have recognized this threat, and expressed their concern by declaring themselves “Nuclear-Free Zones”;

2.andWHEREAS, California’s coastal location and business hub of cities, including Los Angeles, San Diego, and San Francisco, make it particularly vulnerable to attack;

FINDINGSandWHEREAS, ANDThe DECLARATIONRestricting OFFirst POLICY.Use of Nuclear Weapons Act of 2017, sponsored by 73 members of the House of Representatives and 13 Senators as House Resolution 669 and Senate Resolution 200, respectively, embodies a policy of no first use of nuclear weapons without a Congressional Declaration of War and a requirement of a specific authorization by Congress for first use of nuclear weapons without limiting retaliation for another party’s first use, all consistent with the United States Constitution;

(a)now, Findings.--Congresstherefore, findsbe itResolved by the following:Assembly and the Senate of the State of California, jointly, That the Legislature urges the United States Congress to speedily take up and pass the Restricting First Use of Nuclear Weapons Act of 2017, and send it to the President for his signature;

(1)and Thebe Constitutionit givesfurtherResolved, CongressThat the soleChief powerClerk of the Assembly transmit copies of this resolution to declarethe war.President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, and to each Senator and Representative from California in the Congress of the United States.

(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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