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1 1 (April 16, 2021)

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               Congressional
           ~tResear h Servi e





U.S. Nuclear Weapons Policy: Considering

No First Use



Updated April 16, 2021

On April 15, 2021, Senator Elizabeth Warren and Representative Adam Smith introduced legislation that
declared, It is the policy of the United States to not use nuclear weapons first. Other Members of
Congress are divided on this issue. Senator Dianne Feinstein has argued that the only moral use for U.S.
nuclear weapons is as a deterrent to their use. Senator Deb Fischer, on the other hand, has said that the
proposal betrays a naive and disturbed world view. President Biden has spoken, in the past, about his
support for a sole purpose policy for nuclear weapons, which some see as similar to no first use, but
the President has not yet taken steps to review or alter U.S. nuclear policy.
A no first use policy would represent a change from current policy, where the United States has pledged
to refrain from using nuclear weapons against most non-nuclear weapon states, but has neither ruled out
their first use in all cases nor specified the circumstances under which it would use them. This policy of
calculated ambiguity addressed U.S. concerns during the Cold War, when the United States and NATO
faced numerically superior Soviet and Warsaw Pact conventional forces in Europe. At the time, the United
States not only developed plans to use nuclear weapons on the battlefield to disrupt or defeat attacking
tanks and troops, but it also hoped that the risk of a nuclear response would deter the Soviet Union from
initiating a conventional attack. This is not because the United States believed it could defeat the Soviet
Union in a nuclear war, but because it hoped the Soviet Union would know that the use of these weapons
would likely escalate to all-out nuclear war, with both sides suffering massive destruction.
Since the end of the Cold War, the United States has modified its declaratory policy to reduce the apparent
role of nuclear weapons in U.S. national security, but it still has not declared that it would not use them
first. In the 2010 Nuclear Posture Review Report, the Obama Administration stated that the United States
would only consider the use of nuclear weapons in extreme circumstances and would not threaten or
use nuclear weapons, under any circumstances, against non-nuclear weapons states that are party to the
Nuclear Nonproliferation Treaty and in compliance with their nuclear non-proliferation obligations. But
the Administration was not prepared to state that the sole purpose of U.S. nuclear weapons was to deter
nuclear attack because it could envision a narrow range of contingencies where nuclear weapons might
play a role in deterring conventional, chemical, or biological attacks.
The Trump Administration, in the 2018 Nuclear Posture Review (NPR) Report, also rejected the idea that
the sole purpose of nuclear weapons is to deter nuclear attack, and, therefore, also did not adopt a no first
use policy. It noted that the United States would only consider the employment of nuclear weapons in
extreme circumstances to defend the vital interests of the United States, its allies, and partners but stated
that nuclear weapons contribute to deterrence of nuclear and non-nuclear attack; assurance of allies and
partners; achievement of U.S. objectives if deterrence fails; and the capacity to hedge against an uncertain
future.


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