S.Amdt. 637

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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