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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3106 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3106
To require the approval of Congress before explosive nuclear testing
may be resumed.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 5, 2025
Ms. Cortez Masto (for herself, Ms. Rosen, Mr. Lujan, Mr. Heinrich, and
Mr. Kelly) 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 No Nuclear Testing Without Approval Act unless--
``(A)(i) a foreign state conducts an explosive
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 (2)
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 an
explosive nuclear test--
``(I) without use of expedited
procedures under paragraph (3); 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 (3).
``(2) 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;
``(cc) an explanation of
why those options were not
selected; and
``(dd) a description of
engagement with the Governor of
the State in which explosive
nuclear testing would occur;
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.
``(3) 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 the 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.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Armed Services.
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