Nuclear Sanity Act

Bill: 114-hr-6535
Sponsor: full_name: Rep. Grayson, Alan [D-FL-9]
Introduced: 2016-12-27
Policy area: International Affairs
Subjects: Department of Defense

Department of State

Federal officials

Military operations and strategy

Nuclear weapons

Presidents and presidential powers, Vice Presidents

War and emergency powers
Latest action: action_date: 2016-12-27
text: 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.

Summaries:
action_date: 2016-12-27
action_desc: Introduced in House
text: <p><strong>Nuclear Sanity Act</strong></p> <p>This bill requires the President to obtain the approval of the Department of Defense (DOD) and the Department of State prior to the use of nuclear weapons, except: (1) in the case of a foreign military attack on U.S. territory, or (2) if it is impossible for the President to communicate with DOD and the State Department for a 24-hour period. </p> <p>The bill requires: (1) the U.S. military to disregard all orders from the President in violation of this bill, and (2) any violation or attempted violation of this bill to be deemed a high crime or misdemeanor under the Constitution. </p>

tv_txt: I 114th CONGRESS 2d Session H. R. 6535 IN THE HOUSE OF REPRESENTATIVES December 27, 2016 Mr. Grayson 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 A BILL To require the President to obtain written approval from the Secretary of Defense and the Secretary of State prior to the use of nuclear weapons by the United States, and for other purposes.

1. Short title This Act may be cited as the Nuclear Sanity Act . 2. Nuclear weapon use approval process (a) In general Except in a case of a physical attack on the territory of the United States by the military force of a foreign government, or in a case in which it is impossible for the President to establish communications with the Secretary of Defense and the Secretary of State for a 24-hour period, the President shall obtain the approval of the Secretary of Defense and the Secretary of State prior to the use of nuclear weapons by the United States. (b) Form of approval The approval under this section shall be in writing unless the approving official deems approval in writing impracticable, in which case it may be oral. Written approval under this section may be transmitted to the President by electronic means. (c) Violations (1) The United States military shall disregard all orders from the President in violation of this section. (2) Any violation or attempted violation of this section shall be deemed a high crime or misdemeanor under the United States Constitution. (d) Definition In this section, the term territory of the United States means the States, the District of Columbia, Puerto Rico, and the territories of the United States, whether or not incorporated or organized.