Bill Summary
This legislation, known as the "Restricting First Use of Nuclear Weapons Act of 2019", aims to limit the power of the President to conduct a first-use nuclear strike without a declaration of war by Congress. It highlights the constitutional authority of Congress to declare war and the importance of this decision being made by representatives of the people. The legislation defines a first-use nuclear strike as an attack using nuclear weapons against an enemy without provocation. It also states that such a strike can have catastrophic consequences and puts the United States at risk of retaliation. The policy of this legislation is to prohibit the President from conducting a first-use nuclear strike without a declaration of war by Congress.
Possible Impacts
1. This legislation could affect military personnel who may be ordered to carry out a first-use nuclear strike. They may have to disobey orders if this strike is not authorized by Congress.
2. Civilians in the United States may feel more secure knowing that a first-use nuclear strike cannot be carried out without the explicit authorization of Congress.
3. This legislation could also affect international relations, as other countries may see the United States as less likely to engage in a first-use nuclear strike without authorization from Congress. This could potentially reduce tensions and promote peace.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 669 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 669
To prohibit the conduct of a first-use nuclear strike absent a
declaration of war by Congress.
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IN THE HOUSE OF REPRESENTATIVES
January 17, 2019
Mr. Ted Lieu of California (for himself, Ms. Schakowsky, Mr. Beyer, Ms.
Pingree, Ms. Clarke of New York, Mr. Panetta, Ms. Eshoo, Mr. McGovern,
Mr. Cohen, Mr. Nadler, Mr. DeFazio, Mr. Grijalva, Mr. Rush, Ms. Lee of
California, Mr. Espaillat, Ms. Bonamici, Mrs. Watson Coleman, Mr.
Brendan F. Boyle of Pennsylvania, Mr. Khanna, Ms. Speier, Ms.
Velazquez, Ms. McCollum, Ms. Clark of Massachusetts, Ms. Porter, Ms.
Judy Chu of California, Mr. Garamendi, Ms. Jayapal, Mr. Jones, Ms.
DeLauro, Ms. Gabbard, Mr. Blumenauer, Mr. Johnson of Georgia, Ms.
Norton, Mr. Sherman, Mr. Payne, Mrs. Napolitano, Ms. Lofgren, Mr.
Pocan, Mr. Welch, Mr. Crist, Mr. Carbajal, Mr. Serrano, and Mr.
Courtney) 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 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 2019''.
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) 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 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.
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