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This bill would limit when the United States can use nuclear weapons first. It says the government could not spend federal money on a first-use nuclear strike unless Congress has declared war and specifically allowed that strike. The bill is based on the idea that the decision to start a war should be made by Congress, not by the President alone, because a nuclear first strike could kill millions, cause lasting damage, and risk a retaliatory attack on the United States. It also defines a first-use nuclear strike as one where the President has not first been told by the Secretary of Defense and the Chairman of the Joint Chiefs of Staff that the United States, its territories, or its allies have already been hit by a nuclear weapon.
- It states that no money may be used for a first-use nuclear strike unless Congress has declared war and clearly approved that action.
- It says a nuclear first strike would be a major act of war and should not happen without Congress’s approval.
- It limits the term “first-use nuclear strike” to situations where the United States has not first confirmed a nuclear attack against the U.S., its territories, or its allies.
Official Summaries
Restricting First Use of Nuclear Weapons Act of 2025
This bill prohibits using federal funds to conduct a first-use nuclear strike unless Congress expressly authorizes such a strike pursuant to a declaration of war. A first-use nuclear strike is an attack using nuclear weapons against an enemy without confirming that there has been a nuclear strike against the United States, its territories, or its allies.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 192 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 192
To restrict the first-use strike of nuclear weapons.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 22, 2025
Mr. Markey (for himself, Mr. Merkley, Ms. Warren, Mr. Van Hollen, Mr.
Welch, Mr. Sanders, and Mr. Wyden) introduced the following bill; which
was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To restrict the first-use strike of nuclear weapons.
Be it enacted by the Senate and House of Representatives 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 2025''.
SEC. 2. FINDINGS AND DECLARATION OF POLICY.
(a) Findings.--Congress finds the following:
(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 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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