Restricting First Use of Nuclear Weapons Act of 2025

Key Points

• The bill would block all federal spending on launching a nuclear weapon first in a conflict unless Congress has declared war and specifically authorized such a strike. This is the core enforcement mechanism of the bill.
• Right now, the president has sole authority to order a nuclear launch, and military officers must carry out that order. This bill would add a check on that power by requiring congressional approval before any first use of nuclear weapons.
• A "first-use nuclear strike" is defined as a nuclear attack where the Secretary of Defense and the Chairman of the Joint Chiefs of Staff have not first confirmed to the president that an enemy has already launched a nuclear strike against the U.S., its territories, or its allies.
• The bill frames a first-use nuclear strike as a major act of war that would violate the Constitution if done without a congressional declaration of war. It argues the framers intended the war-making decision to rest with the people's representatives, not one person.
• The military could still respond immediately to a nuclear attack without waiting for Congress. The restriction only applies to striking first, not to retaliating after a confirmed nuclear attack on the U.S. or its allies.