I 
114TH CONGRESS 
2D SESSION 
H. R. 6179 
To prohibit the conduct of a first-use nuclear strike absent a declaration 
of war by Congress. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 27, 2016 
Mr. TED LIEU of California introduced the following bill; which was referred 
to the Committee on Foreign Affairs 
A BILL 
To prohibit the conduct of a first-use nuclear strike absent 
a declaration of war by Congress. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Restricting First Use 
of Nuclear Weapons Act of 2016’’. 
SEC. 2. FINDINGS AND DECLARATION OF POLICY. 
(a) FINDINGS.—Congress finds the following: 
(1) The Constitution gives Congress the sole 
power to declare war. 
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(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 representa-
tives 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 Com-
mander-in-Chief to introduce United States Armed 
Forces into hostilities, or into situations where im-
minent involvement in hostilities is clearly indicated 
by the circumstances, are exercised only pursuant to 
(1) a declaration of war, (2) specific statutory au-
thorization, or (3) a national emergency created by 
attack upon the United States, its territories or pos-
sessions, 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 envi-
ronmental consequences throughout the world, di-
rectly undermine global peace, and put the United 
States at existential risk from retaliatory nuclear 
strikes. 
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(5) By any definition of war, a first-use nuclear 
strike from 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. 
(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 NU-
CLEAR STRIKES. 
(a) PROHIBITION.—Notwithstanding any other provi-
sion of law, the President may not use the Armed Forces 
of the United States to conduct a first-use nuclear strike 
unless such strike is conducted pursuant to a declaration 
of war by Congress that expressly authorizes such strike. 
(b) FIRST-USE NUCLEAR STRIKE DEFINED.—In this 
section, the term ‘‘first-use nuclear strike’’ means an at-
tack using nuclear weapons against an enemy that is con-
ducted without the President determining that the enemy 
has first launched a nuclear strike against the United 
States or an ally of the United States. 
Æ 
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