Restricting First Use of Nuclear Weapons Act of 2025

Key Points

• This bill would prohibit the federal government from spending any money on a first-use nuclear strike unless Congress has declared war and specifically authorized the use of nuclear weapons. This means the president could no longer unilaterally order a nuclear attack without Congressional approval.
• A "first-use nuclear strike" is defined as a nuclear attack on an enemy that happens before the Secretary of Defense and the top military general confirm to the president that the U.S., its territories, or its allies have already been hit with a nuclear weapon. In other words, the president could still respond to a nuclear attack without waiting for Congress.
• The bill's sponsors argue that because nuclear weapons can instantly kill millions and put the country at existential risk from retaliation, launching one first is a major act of war. Under the Constitution, only Congress has the power to declare war, so this bill would reassert that authority over nuclear decisions.
• The bill was introduced by Sen. Markey along with six other Democratic senators and has been referred to the Senate Committee on Foreign Relations. It currently faces long odds in the current Congress given strong opposition to constraining presidential nuclear authority.