[Congressional Record Volume 166, Number 119 (Monday, June 29, 2020)]
[Senate]
[Pages S3963-S3964]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2313. Ms. CORTEZ MASTO (for herself, Ms. Rosen, Mr. Heinrich, Mr.
Manchin, and Mr. Coons) submitted an amendment intended to be proposed
to amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to
authorize appropriations for fiscal year 2021 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 F of title XXXI, add the following:
SEC. 3168. 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.
[[Page S3964]]
``(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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