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 Committee 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 jurisdiction of the committee concerned 

A BILL 

To restrict the first-use strike of nuclear weapons. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Restricting First Use 

5 of Nuclear Weapons Act of 2023’’. 

6 SEC. 2. FINDINGS AND DECLARATION OF POLICY. 

7 (a) FINDINGS.—Congress finds the following: 


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1 (1) The Constitution gives Congress the sole 

2 power to declare war. 

3 (2) The framers of the Constitution understood 

4 that the monumental decision to go to war, which 

5 can result in massive death and the destruction of 

6 civilized society, must be made by the representa7 tives of the people and not by a single person. 

8 (3) As stated by section 2(c) of the War Powers 

9 Resolution (Public Law 93–148; 50 U.S.C. 1541), 

10 ‘‘the constitutional powers of the President as Com11 mander-in-Chief to introduce United States Armed 

12 Forces into hostilities, or into situations where im13 minent involvement in hostilities is clearly indicated 

14 by the circumstances, are exercised only pursuant to 

15 (1) a declaration of war, (2) specific statutory au16 thorization, or (3) a national emergency created by 

17 attack upon the United States, its territories or pos18 sessions, or its armed forces’’. 

19 (4) Nuclear weapons are uniquely powerful 

20 weapons that have the capability to instantly kill 

21 millions of people, create long-term health and envi22 ronmental consequences throughout the world, di23 rectly undermine global peace, and put the United 

24 States at existential risk from retaliatory nuclear 

25 strikes. 


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1 (5) A first-use nuclear strike carried out by the 

2 United States would constitute a major act of war. 

3 (6) A first-use nuclear strike conducted absent 

4 a declaration of war by Congress would violate the 

5 Constitution. 

6 (7) The President has the sole authority to au7 thorize the use of nuclear weapons, an order which 

8 military officers of the United States must carry out 

9 in accordance with their obligations under the Uni10 form Code of Military Justice. 

11 (8) Given its exclusive power under the Con12 stitution to declare war, Congress must provide 

13 meaningful checks and balances to the President’s 

14 sole authority to authorize the use of a nuclear 

15 weapon. 

16 (b) DECLARATION OF POLICY.—It is the policy of the 

17 United States that no first-use nuclear strike should be 

18 conducted absent a declaration of war by Congress. 

19 SEC. 3. PROHIBITION ON CONDUCT OF FIRST-USE NU20 CLEAR STRIKES. 

21 (a) PROHIBITION.—No Federal funds may be obli22 gated or expended to conduct a first-use nuclear strike un23 less such strike is conducted pursuant to a war declared 

24 by Congress that expressly authorizes such strike. 


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1 (b) FIRST-USE NUCLEAR STRIKE DEFINED.—In this 

2 section, the term ‘‘first-use nuclear strike’’ means an at3 tack using nuclear weapons against an enemy that is con4 ducted without the Secretary of Defense and the Chair5 man of the Joint Chiefs of Staff first confirming to the 

6 President that there has been a nuclear strike against the 

7 United States, its territories, or its allies (as specified in 

8 section 3(b)(2) of the Arms Export Control Act (22 U.S.C. 

9 2753(b)(2))). 

Æ 


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