[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4099 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4099

 To require the approval of Congress before explosive nuclear testing 
                            may be resumed.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 29, 2020

Ms. Cortez Masto (for herself, Ms. Rosen, and Mr. Coons) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
 To require the approval of Congress before explosive nuclear testing 
                            may be resumed.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No Nuclear Testing Without Approval 
Act''.

SEC. 2. REQUIREMENT FOR APPROVAL OF CONGRESS FOR CONDUCT OF EXPLOSIVE 
              NUCLEAR TESTING.

    Section 4210(a) of the Atomic Energy Defense Act (50 U.S.C. 
2530(a)) is amended to read as follows:
    ``(a) Explosive Nuclear Testing.--
            ``(1) In general.--No explosive nuclear testing may be 
        conducted by the United States after the date of the enactment 
        of the National Defense Authorization Act for Fiscal Year 2021, 
        and none of the funds described in paragraph (2) may be 
        obligated or expended to conduct such testing, unless--
                    ``(A)(i) a foreign state conducts a nuclear test 
                after that date; or
                    ``(ii) there is a technical need for such testing;
                    ``(B) not less than 180 days before the date 
                proposed to conduct such testing, the President submits 
                to Congress a notification described in paragraph (3) 
                with respect to such testing; and
                    ``(C) a joint resolution approving the testing with 
                respect to which the notification is submitted under 
                subparagraph (B) is enacted into law--
                            ``(i) in the case of testing proposed to be 
                        conducted after a foreign state conducts a 
                        nuclear test--
                                    ``(I) without use of expedited 
                                procedures under paragraph (4); but
                                    ``(II) requiring, for passage in 
                                the Senate, the affirmative vote of 
                                two-thirds of Senators, duly chosen and 
                                sworn; or
                            ``(ii) in the case of testing proposed to 
                        be conducted because there is a technical need 
                        for such testing, pursuant to paragraph (4).
            ``(2) Funds described.--The funds described in this 
        paragraph are funds--
                    ``(A) authorized to be appropriated or otherwise 
                made available for fiscal year 2021 or any fiscal year 
                thereafter; or
                    ``(B) authorized to be appropriated or otherwise 
                made available for any fiscal year before fiscal year 
                2021 and available for obligation as of the date of the 
                enactment of the National Defense Authorization Act for 
                Fiscal Year 2021.
            ``(3) Notification described.--
                    ``(A) In general.--A notification described in this 
                paragraph with respect to a proposal to conduct 
                explosive nuclear testing shall include--
                            ``(i) a description of the testing proposed 
                        to be conducted;
                            ``(ii) a statement of the reasons for 
                        conducting the testing, including--
                                    ``(I) whether or not there is a 
                                technical need for conducting the 
                                testing;
                                    ``(II) if there is a technical need 
                                for conducting the testing--
                                            ``(aa) a description of the 
                                        technical need;
                                            ``(bb) an assessment of 
                                        alternative options for 
                                        addressing the need; and
                                            ``(cc) an explanation of 
                                        why those options were not 
                                        selected; and
                                    ``(III) if the reason for 
                                conducting the testing is in response 
                                to a geopolitical event under the 
                                responsibility of the President acting 
                                as the Commander in Chief of the Armed 
                                Forces, a detailed explanation of why 
                                the testing would be in the supreme 
                                national interest of the United States;
                            ``(iii) an estimate of the timelines and 
                        costs of conducting the testing; and
                            ``(iv) any other information the President 
                        considers relevant.
                    ``(B) Form.--A notification described in 
                subparagraph (A) shall be submitted in unclassified 
                form but may include a classified annex.
            ``(4) Joint resolution of approval for explosive nuclear 
        testing for which there is a technical need.--
                    ``(A) Joint resolution of approval defined.--In 
                this paragraph, the term `joint resolution of approval' 
                means a joint resolution of either House of Congress 
                the sole matter after the resolving clause of which is 
                the following: `Congress approves of the proposal of 
                the President to conduct explosive nuclear testing for 
                which there is a technical need, notice of which was 
                submitted to Congress under section 4210(a) of the 
                Atomic Energy Defense Act (50 U.S.C. 2530(a)) on 
                ____.', with the blank space being filled with the 
                appropriate date.
                    ``(B) Introduction; referral.--A joint resolution 
                of approval--
                            ``(i) may be introduced in either House by 
                        any member; and
                            ``(ii) shall be referred--
                                    ``(I) in the Senate, to the 
                                Committee on Armed Services of the 
                                Senate; and
                                    ``(II) in the House of 
                                Representatives, to the Committee on 
                                Armed Services of the House of 
                                Representatives.
                    ``(C) Consideration in house of representatives.--
                            ``(i) Reporting and discharge.--The 
                        Committee on Armed Services of the House of 
                        Representatives shall report a joint resolution 
                        of approval to the House not later than 60 
                        calendar days after the date of receipt of the 
                        notification submitted under paragraph (1)(B). 
                        If the committee fails to report the joint 
                        resolution within that period, the committee 
                        shall be discharged from further consideration 
                        of the joint resolution and the joint 
                        resolution shall be referred to the appropriate 
                        calendar.
                            ``(ii) Proceeding to consideration.--After 
                        the Committee on Armed Services of the House of 
                        Representatives reports the joint resolution of 
                        approval to the House or has been discharged 
                        from its consideration, it shall be in order, 
                        not later than the 120th day after Congress 
                        receives the notification submitted under 
                        paragraph (1)(B), to move to proceed to 
                        consider the joint resolution in the House. All 
                        points of order against the motion are waived. 
                        Such a motion shall not be in order after the 
                        House has disposed of a motion to proceed on 
                        the joint resolution. The previous question 
                        shall be considered as ordered on the motion to 
                        its adoption without intervening motion. The 
                        motion shall not be debatable. A motion to 
                        reconsider the vote by which the motion is 
                        disposed of shall not be in order.
                            ``(iii) Consideration.--The joint 
                        resolution of approval shall be considered as 
                        read. All points of order against the joint 
                        resolution and against its consideration are 
                        waived. The previous question shall be 
                        considered as ordered on the joint resolution 
                        to its passage without intervening motion 
                        except 24 hours of debate equally divided and 
                        controlled by the proponent and an opponent. A 
                        motion to reconsider the vote on passage of the 
                        joint resolution shall not be in order.
                    ``(D) Consideration in senate.--
                            ``(i) Reporting and discharge.--The 
                        Committee on Armed Services of the Senate shall 
                        report a joint resolution of approval to the 
                        Senate not later than 60 calendar days after 
                        the date of receipt of the notification 
                        submitted under paragraph (1)(B). If the 
                        committee fails to report the joint resolution 
                        within that period, the committee shall be 
                        discharged from further consideration of the 
                        joint resolution and the joint resolution shall 
                        be placed on the Calendar of Business.
                            ``(ii) Floor consideration.--
                                    ``(I) In general.--Notwithstanding 
                                Rule XXII of the Standing Rules of the 
                                Senate, it is in order at any time 
                                after the Committee on Armed Services 
                                reports a joint resolution of approval 
                                or is discharged from consideration of 
                                a joint resolution of approval to move 
                                to proceed to the consideration of the 
                                joint resolution, and all points of 
                                order against the motion to proceed to 
                                the joint resolution (and against 
                                consideration of the joint resolution) 
                                are waived. The motion to proceed is 
                                not debatable. The motion is not 
                                subject to a motion to postpone. A 
                                motion to reconsider the vote by which 
                                the motion is agreed to or disagreed to 
                                shall not be in order. If a motion to 
                                proceed to the consideration of the 
                                resolution is agreed to, the joint 
                                resolution shall remain the unfinished 
                                business until disposed of.
                                    ``(II) Consideration.--
                                Consideration of a joint resolution of 
                                approval, and on all debatable motions 
                                in connection therewith, shall be 
                                limited to not more than 10 hours, 
                                which shall be divided equally between 
                                the majority and minority leaders or 
                                their designees. A motion further to 
                                limit debate is in order and not 
                                debatable. An amendment to, a motion to 
                                postpone, or a motion to proceed to the 
                                consideration of other business, or a 
                                motion to recommit the joint resolution 
                                is not in order.
                                    ``(III) Vote on passage.--The vote 
                                on passage shall occur immediately 
                                following the conclusion of the debate 
                                on a joint resolution of approval, and 
                                a single quorum call at the conclusion 
                                of the debate if requested in 
                                accordance with the rules of the 
                                Senate. Passage of the joint resolution 
                                shall require the affirmative vote of 
                                two-thirds of Senators, duly chosen and 
                                sworn.
                                    ``(IV) Rulings of the chair on 
                                procedure.--Appeals from the decisions 
                                of the Chair relating to the 
                                application of the rules of the Senate, 
                                as the case may be, to the procedure 
                                relating to a joint resolution of 
                                approval shall be decided without 
                                debate.
                    ``(E) Rules relating to senate and house of 
                representatives.--
                            ``(i) Coordination with action by other 
                        house.--If, before the passage by one House of 
                        a joint resolution of that House, that House 
                        receives from the other House a joint 
                        resolution of approval that is identical to the 
                        joint resolution of the House receiving the 
                        resolution, then the following procedures shall 
                        apply:
                                    ``(I) The joint resolution of the 
                                other House shall not be referred to a 
                                committee.
                                    ``(II) With respect to a joint 
                                resolution of the House receiving the 
                                resolution--
                                            ``(aa) the procedure in 
                                        that House shall be the same as 
                                        if no joint resolution had been 
                                        received from the other House; 
                                        but
                                            ``(bb) the vote on passage 
                                        shall--

                                                    ``(AA) require the 
                                                affirmative vote of 
                                                two-thirds of Senators, 
                                                duly chosen and sworn, 
                                                for passage; and

                                                    ``(BB) be on the 
                                                joint resolution of the 
                                                other House.

                            ``(ii) Treatment of joint resolution of 
                        other house.--If one House fails to introduce 
                        or consider a joint resolution under this 
                        section, the joint resolution of the other 
                        House shall be entitled to expedited floor 
                        procedures under this paragraph.
                            ``(iii) Treatment of companion measures.--
                        If, following passage of the joint resolution 
                        in the Senate, the Senate then receives an 
                        identical resolution from the House of 
                        Representatives, the resolution of the House 
                        shall not be debatable.
                            ``(iv) Consideration of veto messages.--If 
                        the President vetoes a joint resolution of 
                        approval, debate on a veto message in the 
                        Senate shall be 1 hour equally divided between 
                        the majority and minority leaders or their 
                        designees.
                    ``(F) Rules of house of representatives and 
                senate.--This paragraph enacted by the Senate and the 
                House of Representatives--
                            ``(i) as an exercise of the rulemaking 
                        power of the Senate and House, respectively, 
                        and as such it is deemed a part of the rules of 
                        each House, respectively, but applicable only 
                        with respect to the procedure to be followed in 
                        that House in the case of a joint resolution of 
                        approval, and it supersedes other rules only to 
                        the extent that it is inconsistent with such 
                        rules; and
                            ``(ii) with full recognition of the 
                        constitutional right of either House to change 
                        the rules (so far as relating to the procedure 
                        of that House) at any time, in the same manner, 
                        and to the same extent as in the case of any 
                        other rule of that House.
            ``(5) Definitions.--In this subsection:
                    ``(A) Explosive nuclear testing.--The term 
                `explosive nuclear testing'--
                            ``(i) means testing involving the explosive 
                        compression or assembly of fissile material to 
                        exceed critical mass with the attendant release 
                        of any nuclear energy from fission processes; 
                        and
                            ``(ii) does not include subcritical 
                        experiments carried out as part of the 
                        stockpile stewardship program under section 
                        4201, laser fusion experiments, or other 
                        inertial confinement fusion experiments however 
                        driven.
                    ``(B) Technical need.--The term `technical need', 
                with respect to explosive nuclear testing, means that 
                all officials specified in section 4205(b) determine 
                that an explosive nuclear test is necessary to resolve 
                an issue with respect to the safety, reliability, 
                performance, or military effectiveness of a nuclear 
                weapon type.''.
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