117 HR 8902 IH: 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. U.S. House of Representatives 2022-09-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS2d SessionH. R. 8902IN THE HOUSE OF REPRESENTATIVESSeptember 19, 2022Ms. 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 concernedA BILLTo 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.

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.