What This Bill Does
This bill restricts when the United States can launch a first nuclear weapons strike. It says the government cannot spend any money on a first-use nuclear strike unless Congress has declared war and that war declaration specifically allows it.
Who It Affects
The President, the Secretary of Defense (the military leader responsible for the Department of Defense), the Chairman of the Joint Chiefs of Staff (the highest-ranking military officer), Congress and military officers.
Key Provisions
- The government cannot spend money on a first-use nuclear strike unless Congress declares war that expressly authorizes such a strike (Sec. 3(a))
- A first-use nuclear strike is defined as a nuclear attack on an enemy that happens without the Secretary of Defense and Chairman of the Joint Chiefs of Staff first confirming to the President that the United States, its territories or its allies have been hit with a nuclear strike (Sec. 3(b))
What Changes
If this becomes law, the President cannot authorize a first nuclear weapons strike without Congress voting to declare war that specifically permits it.
Important Definitions
"First-use nuclear strike" means a nuclear attack on an enemy conducted without the Secretary of Defense and Chairman of the Joint Chiefs of Staff first confirming that the United States, its territories or its allies have been struck with nuclear weapons.
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 669
To restrict the first-use strike of nuclear weapons.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 31, 2023
Mr. LIEU (for himself, Mr. GRIJALVA, Ms. NORTON, Mr. MCGOVERN, Ms.
PINGREE, Ms. SCHAKOWSKY, Mrs. WATSON COLEMAN, Mr. BEYER, Mr.
SHERMAN, Mr. COHEN, Ms. MENG, Ms. PRESSLEY, Mr. BLUMENAUER,
Mrs. NAPOLITANO, Mr. PALLONE, Ms. CLARKE of New York, and Mr.
PAYNE) introduced the following bill; which was referred to the Com-
mittee on Foreign Affairs, and in addition to the Committee on Armed
Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To restrict the first-use strike of nuclear weapons.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Restricting First Use
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of Nuclear Weapons Act of 2023’’.
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SEC. 2. FINDINGS AND DECLARATION OF POLICY.
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(a) FINDINGS.—Congress finds the following:
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(1) The Constitution gives Congress the sole
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power to declare war.
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(2) The framers of the Constitution understood
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that the monumental decision to go to war, which
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can result in massive death and the destruction of
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civilized society, must be made by the representa-
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tives of the people and not by a single person.
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(3) As stated by section 2(c) of the War Powers
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Resolution (Public Law 93–148; 50 U.S.C. 1541),
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‘‘the constitutional powers of the President as Com-
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mander-in-Chief to introduce United States Armed
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Forces into hostilities, or into situations where im-
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minent involvement in hostilities is clearly indicated
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by the circumstances, are exercised only pursuant to
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(1) a declaration of war, (2) specific statutory au-
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thorization, or (3) a national emergency created by
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attack upon the United States, its territories or pos-
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sessions, or its armed forces’’.
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(4) Nuclear weapons are uniquely powerful
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weapons that have the capability to instantly kill
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millions of people, create long-term health and envi-
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ronmental consequences throughout the world, di-
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rectly undermine global peace, and put the United
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States at existential risk from retaliatory nuclear
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strikes.
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•HR 669 IH
(5) A first-use nuclear strike carried out by the
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United States would constitute a major act of war.
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(6) A first-use nuclear strike conducted absent
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a declaration of war by Congress would violate the
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Constitution.
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(7) The President has the sole authority to au-
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thorize the use of nuclear weapons, an order which
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military officers of the United States must carry out
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in accordance with their obligations under the Uni-
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form Code of Military Justice.
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(8) Given its exclusive power under the Con-
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stitution to declare war, Congress must provide
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meaningful checks and balances to the President’s
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sole authority to authorize the use of a nuclear
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weapon.
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(b) DECLARATION OF POLICY.—It is the policy of the
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United States that no first-use nuclear strike should be
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conducted absent a declaration of war by Congress.
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SEC. 3. PROHIBITION ON CONDUCT OF FIRST-USE NU-
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CLEAR STRIKES.
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(a) PROHIBITION.—No Federal funds may be obli-
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gated or expended to conduct a first-use nuclear strike un-
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less such strike is conducted pursuant to a war declared
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by Congress that expressly authorizes such strike.
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(b) FIRST-USE NUCLEAR STRIKE DEFINED.—In this
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section, the term ‘‘first-use nuclear strike’’ means an at-
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tack using nuclear weapons against an enemy that is con-
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ducted without the Secretary of Defense and the Chair-
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man of the Joint Chiefs of Staff first confirming to the
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President that there has been a nuclear strike against the
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United States, its territories, or its allies (as specified in
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section 3(b)(2) of the Arms Export Control Act (22 U.S.C.
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2753(b)(2))).
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Æ
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