[Congressional Record Volume 164, Number 94 (Thursday, June 7, 2018)]
[Senate]
[Page S3354]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2476. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed to the bill H.R. 5515, to authorize 
appropriations for fiscal year 2019 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle D of title X, add the following:

     SEC. 1037. PROHIBITION ON CONDUCT OF FIRST-USE NUCLEAR 
                   STRIKES.

       (a) Prohibition.--Notwithstanding any other provision of 
     law, the President may not use the Armed Forces of the United 
     States to conduct a first-use nuclear strike unless such 
     strike is conducted pursuant to a declaration of war by 
     Congress that expressly authorizes such strike.
       (b) First-Use Nuclear Strike Defined.--In this section, the 
     term ``first-use nuclear strike'' means an attack using 
     nuclear weapons against an enemy that is conducted without 
     the President determining that the enemy has first launched a 
     nuclear strike against the United States or an ally of the 
     United States.
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