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Bill
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Nuclear Sanity Act

H.R. 6535 · 114th Congress · Dec 27, 2016 · Lineage

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.

Section 1 Short title

This Act may be cited as the “Nuclear Sanity Act”.

Sec. 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.