[Congressional Record Volume 165, Number 102 (Tuesday, June 18, 2019)]
[Senate]
[Page S3660]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 637. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 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 E of title X, add the following:

     SEC. 1045. PROHIBITION ON CONDUCT OF FIRST-USE NUCLEAR 
                   STRIKES.

       (a) Policy.--It is the policy of the United States not to 
     use nuclear weapons first.
       (b) 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.
       (c) First-Use Nuclear Strike Defined.--In subsection (b), 
     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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