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-
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 2023’’. 
SEC. 2. FINDINGS AND DECLARATION OF POLICY. 
(a) FINDINGS.—Congress finds the following: 
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(1) The Constitution gives Congress the sole 
power to declare war. 
(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) 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 au-
thorize the use of nuclear weapons, an order which 
military officers of the United States must carry out 
in accordance with their obligations under the Uni-
form Code of Military Justice. 
(8) Given its exclusive power under the Con-
stitution 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 NU-
CLEAR STRIKES. 
(a) PROHIBITION.—No Federal funds may be obli-
gated or expended to conduct a first-use nuclear strike un-
less such strike is conducted pursuant to a war declared 
by Congress that expressly authorizes such strike. 
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(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 Secretary of Defense and the Chair-
man 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))). 
Æ 
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