May 21, 2025
Mr. Peters (for himself, Mr. Ryan, and Mr. Deluzio) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To limit the use of funds to conduct first-use nuclear strikes, and for other purposes.
Section 1. Short title
This Act may be cited as the The Nuclear First-Strike Security Act of 2025
.
Sec. 2. Limitation on use of funds to conduct first-use nuclear strikes
(a) Limitation
No amounts authorized to be appropriated for any fiscal year may be obligated or expended to conduct a first-use nuclear strike unless—
(1)
the President decides the strike is in the best interests of the United States; and
(2)
except as provided in subsection (b), not more than 7 days before conducting such strike, the Secretary of Defense submits to the Speaker of the House of Representatives, the Minority Leader of the House Representatives, the Majority Leader of the House of Representatives, the Minority Leader of the Senate, and the Majority Leader of the Senate a certification that the decision of the President under paragraph (1) to conduct the strike is valid and legal.
(b) Exceptions
Subsection (a)(2) does not apply with respect to a first-use nuclear strike conducted—
(1)
under a declaration of war enacted by Congress;
(2)
in response to a nuclear attack against the United States or an ally of the United States; or
(3)
during a launch-on-warning scenario.
(c) Definitions
For purposes of this section:
(1)
The term ally of the United States means a member of the North Atlantic Treaty Organization, Japan, the Republic of Korea, and the Commonwealth of Australia.
(2)
The term first-use nuclear strike means an attack conducted by the United States using nuclear weapons against a foreign country in any instance where the Secretary of Defense and the Chairman of the Joint Chiefs of Staff have not jointly confirmed to the President that the foreign country has conducted a nuclear attack against the United States or an ally of the United States.
(3)
The term launch-on-warning scenario means a situation in which the United States early warning systems have detected a launch of a missile whose trajectory would result in an impact on the territory of the United States or an ally of the United States.
(4)
The term nuclear attack means that one or more nuclear detonations have occurred on the territory of the United States or an ally of the United States.