Title: To direct the Secretary of Defense to notify Congress before carrying out an order to use a nuclear weapon without a declaration of war by Congress.
Policy area: Armed Forces and National Security

Summary:
This bill requires the Department of Defense to notify the congressional defense committees, the Speaker of the House of Representatives, the majority leader of the Senate, the minority leader of the House of Representatives, and the minority leader of the Senate (in such order) upon the receipt of an order (and prior to implementation) by the President to use nuclear weapons without a declaration of war by Congress.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8902 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8902

 To direct the Secretary of Defense to notify Congress before carrying 
 out an order to use a nuclear weapon without a declaration of war by 
                               Congress.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 19, 2022

 Ms. Slotkin introduced the following bill; which was referred to the 
   Committee on Armed Services, and in addition to the Committee on 
  Foreign Affairs, 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

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of Defense to notify Congress before carrying 
 out an order to use a nuclear weapon without 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. NOTIFICATION REQUIREMENT REGARDING USE OF NUCLEAR WEAPONS 
              WITHOUT DECLARATION OF WAR BY CONGRESS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) nuclear deterrence is the bedrock of United States 
        national security;
            (2) the ability for the United States to quickly and 
        decisively respond to acts of aggression against the United 
        States and the allies and partners of the United States, 
        including nuclear attacks, deters actors from acting against 
        the United States in the first place;
            (3) as currently structured, responsibility and authority 
        for the release of nuclear weapons resides solely with the 
        President;
            (4) any Presidential order for a nuclear strike must be 
        verified by a senior official of the Department of Defense or 
        military officer to ensure that a lawful order was in fact 
        issued by the President;
            (5) neither a senior official of the Department nor a 
        military officer in the chain of command has veto power and, 
        therefore, must comply with a lawful order or resign;
            (6) however, entrusting an individual with the authority to 
        order the use of nuclear weapons raises the possibility, 
        however small, of their accidental or inappropriate use that 
        risks catastrophic loss of life and potential escalation into 
        nuclear war; and
            (7) the chain of command established under section 162(b) 
        of title 10, United States Code, applies to Presidential orders 
        regarding the use of nuclear weapons.
    (b) Notification.--
            (1) Requirement.--Upon the receipt of an order described in 
        paragraph (2) and before carrying out such order, the Secretary 
        of Defense, or any other senior official of the Department of 
        Defense or military officer that is in direct receipt of such 
        order, shall notify the congressional defense committees, the 
        Speaker of the House of Representatives, the majority leader of 
        the Senate, the minority leader of the House of 
        Representatives, and the minority leader of the Senate of such 
        order.
            (2) Order described.--An order described in this paragraph 
        is a verified order by the President to use nuclear weapons 
        without a declaration of war by Congress.
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