S.Amdt. 2476

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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