H.R. 669 – Restricting First Use of Nuclear Weapons Act of 2017

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Updated April 15, 2026 at 11:52 AM UTC

The Restricting First Use of Nuclear Weapons Act of 2017 would require a formal declaration of war by Congress before the President could order the United States to launch a nuclear weapon for the first time in a conflict. It aims to ensure that the decision to use nuclear weapons, which would constitute a major act of war, is made by the legislative branch rather than unilaterally by the executive. The bill applies to any future first‑use nuclear strike by the U.S. armed forces.

Key Provisions

The President is barred from ordering a first‑use nuclear strike unless Congress has declared war and specifically authorized that strike.
A “first‑use nuclear strike” is defined as a nuclear attack against an enemy when the United States or its allies have not already been attacked with nuclear weapons.

Legislative Activity

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1 earlier action

HouseIntro Referral Latest Action

Referred to the House Committee on Foreign Affairs.

Foreign Affairs Committee

January 24, 2017

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HouseIntro Referral

Introduced in House

January 24, 2017

HouseIntro Referral

Referred to the House Committee on Foreign Affairs.

Foreign Affairs Committee

January 24, 2017

Floor Debate

1 member

What members said about H.R. 669 on the floor

1 Democrat

Rep. Barbara LeeD-CA-13 · Sep 26, 2017

Mr. Speaker, I rise today to call for an end to the dangerous war of words between President Trump and North Korean officials. Provoking Kim will not make us any safer. It will only raise the…

Bill Text

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Introduced in HouseIssued January 24, 2017

I

115th CONGRESS

1st Session

H. R. 669

IN THE HOUSE OF REPRESENTATIVES

January 24, 2017

Mr. Ted Lieu of California (for himself, Mr. McGovern, Mr. Garamendi, Ms. Clarke of New York, Mr. Blumenauer, Mr. Grijalva, Mr. Pocan, Ms. Lee, and Mr. Welch) 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.

1.

Short title

This Act may be cited as the Restricting First Use of Nuclear Weapons Act of 2017.

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)

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.

3.

Prohibition on conduct of first-use nuclear strikes

(a)

Prohibition

Notwithstanding any other provision 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 attack using nuclear weapons against an enemy that is conducted without the President determining that the enemy has first launched a nuclear strike against the United States or an ally of the United States.