I 

116TH CONGRESS 

2D SESSION H. R. 8342 

To require the approval of Congress before explosive nuclear testing may 

be resumed. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2020 

Mr. HORSFORD (for himself, Mrs. LEE of Nevada, Mr. MCADAMS, Mr. PANETTA, and Mr. COX of California) introduced the following bill; which 

was referred to the Committee on Armed Services, and in addition to the 

Committee on Rules, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To require the approval of Congress before explosive nuclear 

testing may be resumed. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Nuclear Testing 

5 Without Approval Act’’. 


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1 SEC. 2. REQUIREMENT FOR APPROVAL OF CONGRESS FOR 

2 CONDUCT OF EXPLOSIVE NUCLEAR TESTING. 

3 Section 4210(a) of the Atomic Energy Defense Act 

4 (50 U.S.C. 2530(a)) is amended to read as follows: 

5 ‘‘(a) EXPLOSIVE NUCLEAR TESTING.— 

6 ‘‘(1) IN GENERAL.—No explosive nuclear test7 ing may be conducted by the United States after the 

8 date of the enactment of the National Defense Au9 thorization Act for Fiscal Year 2021, and none of 

10 the funds described in paragraph (2) may be obli11 gated or expended to conduct such testing, unless— 

12 ‘‘(A)(i) a foreign state conducts a nuclear 

13 test after that date; or 

14 ‘‘(ii) there is a technical need for such test15 ing; 

16 ‘‘(B) not less than 180 days before the 

17 date proposed to conduct such testing, the 

18 President submits to Congress a notification de19 scribed in paragraph (3) with respect to such 

20 testing; and 

21 ‘‘(C) a joint resolution approving the test22 ing with respect to which the notification is 

23 submitted under subparagraph (B) is enacted 

24 into law— 


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1 ‘‘(i) in the case of testing proposed to 

2 be conducted after a foreign state conducts 

3 a nuclear test— 

4 ‘‘(I) without use of expedited pro5 cedures under paragraph (4); but 

6 ‘‘(II) requiring, for passage in 

7 the Senate, the affirmative vote of 

8 two-thirds of Senators, duly chosen 

9 and sworn; or 

10 ‘‘(ii) in the case of testing proposed to 

11 be conducted because there is a technical 

12 need for such testing, pursuant to para13 graph (4). 

14 ‘‘(2) FUNDS DESCRIBED.—The funds described 

15 in this paragraph are funds— 

16 ‘‘(A) authorized to be appropriated or oth17 erwise made available for fiscal year 2021 or 

18 any fiscal year thereafter; or 

19 ‘‘(B) authorized to be appropriated or oth20 erwise made available for any fiscal year before 

21 fiscal year 2021 and available for obligation as 

22 of the date of the enactment of the National 

23 Defense Authorization Act for Fiscal Year 

24 2021. 

25 ‘‘(3) NOTIFICATION DESCRIBED.— 


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1 ‘‘(A) IN GENERAL.—A notification de2 scribed in this paragraph with respect to a pro3 posal to conduct explosive nuclear testing shall 

4 include— 

5 ‘‘(i) a description of the testing pro6 posed to be conducted; 

7 ‘‘(ii) a statement of the reasons for 

8 conducting the testing, including— 

9 ‘‘(I) whether or not there is a 

10 technical need for conducting the test11 ing; 

12 ‘‘(II) if there is a technical need 

13 for conducting the testing— 

14 ‘‘(aa) a description of the 

15 technical need; 

16 ‘‘(bb) an assessment of al17 ternative options for addressing 

18 the need; and 

19 ‘‘(cc) an explanation of why 

20 those options were not selected; 

21 and 

22 ‘‘(III) if the reason for con23 ducting the testing is in response to a 

24 geopolitical event under the responsi25 bility of the President acting as the 


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1 Commander in Chief of the Armed 

2 Forces, a detailed explanation of why 

3 the testing would be in the supreme 

4 national interest of the United States; 

5 ‘‘(iii) an estimate of the timelines and 

6 costs of conducting the testing; and 

7 ‘‘(iv) any other information the Presi8 dent considers relevant. 

9 ‘‘(B) FORM.—A notification described in 

10 subparagraph (A) shall be submitted in unclas11 sified form but may include a classified annex. 

12 ‘‘(4) JOINT RESOLUTION OF APPROVAL FOR EX13 PLOSIVE NUCLEAR TESTING FOR WHICH THERE IS A

14 TECHNICAL NEED.— 

15 ‘‘(A) JOINT RESOLUTION OF APPROVAL

16 DEFINED.—In this paragraph, the term ‘joint 

17 resolution of approval’ means a joint resolution 

18 of either House of Congress the sole matter 

19 after the resolving clause of which is the fol20 lowing: ‘Congress approves of the proposal of 

21 the President to conduct explosive nuclear test22 ing for which there is a technical need, notice 

23 of which was submitted to Congress under sec24 tion 4210(a) of the Atomic Energy Defense Act 

25 (50 U.S.C. 2530(a)) on llll.’, with the 


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1 blank space being filled with the appropriate 

2 date. 

3 ‘‘(B) INTRODUCTION; REFERRAL.—A joint 

4 resolution of approval— 

5 ‘‘(i) may be introduced in either 

6 House by any member; and 

7 ‘‘(ii) shall be referred— 

8 ‘‘(I) in the Senate, to the Com9 mittee on Armed Services of the Sen10 ate; and 

11 ‘‘(II) in the House of Represent12 atives, to the Committee on Armed 

13 Services of the House of Representa14 tives. 

15 ‘‘(C) CONSIDERATION IN HOUSE OF REP16 RESENTATIVES.— 

17 ‘‘(i) REPORTING AND DISCHARGE.— 

18 The Committee on Armed Services of the 

19 House of Representatives shall report a 

20 joint resolution of approval to the House 

21 not later than 60 calendar days after the 

22 date of receipt of the notification sub23 mitted under paragraph (1)(B). If the 

24 committee fails to report the joint resolu25 tion within that period, the committee shall 


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1 be discharged from further consideration 

2 of the joint resolution and the joint resolu3 tion shall be referred to the appropriate 

4 calendar. 

5 ‘‘(ii) PROCEEDING TO CONSIDER6 ATION.—After the Committee on Armed 

7 Services of the House of Representatives 

8 reports the joint resolution of approval to 

9 the House or has been discharged from its 

10 consideration, it shall be in order, not later 

11 than the 120th day after Congress receives 

12 the notification submitted under paragraph 

13 (1)(B), to move to proceed to consider the 

14 joint resolution in the House. All points of 

15 order against the motion are waived. Such 

16 a motion shall not be in order after the 

17 House has disposed of a motion to proceed 

18 on the joint resolution. The previous ques19 tion shall be considered as ordered on the 

20 motion to its adoption without intervening 

21 motion. The motion shall not be debatable. 

22 A motion to reconsider the vote by which 

23 the motion is disposed of shall not be in 

24 order. 


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1 ‘‘(iii) CONSIDERATION.—The joint 

2 resolution of approval shall be considered 

3 as read. All points of order against the 

4 joint resolution and against its consider5 ation are waived. The previous question 

6 shall be considered as ordered on the joint 

7 resolution to its passage without inter8 vening motion except 24 hours of debate 

9 equally divided and controlled by the pro10 ponent and an opponent. A motion to re11 consider the vote on passage of the joint 

12 resolution shall not be in order. 

13 ‘‘(D) CONSIDERATION IN SENATE.— 

14 ‘‘(i) REPORTING AND DISCHARGE.— 

15 The Committee on Armed Services of the 

16 Senate shall report a joint resolution of ap17 proval to the Senate not later than 60 cal18 endar days after the date of receipt of the 

19 notification submitted under paragraph 

20 (1)(B). If the committee fails to report the 

21 joint resolution within that period, the 

22 committee shall be discharged from further 

23 consideration of the joint resolution and 

24 the joint resolution shall be placed on the 

25 Calendar of Business. 


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1 ‘‘(ii) FLOOR CONSIDERATION.— 

2 ‘‘(I) IN GENERAL.—Notwith3 standing Rule XXII of the Standing 

4 Rules of the Senate, it is in order at 

5 any time after the Committee on 

6 Armed Services reports a joint resolu7 tion of approval or is discharged from 

8 consideration of a joint resolution of 

9 approval to move to proceed to the 

10 consideration of the joint resolution, 

11 and all points of order against the 

12 motion to proceed to the joint resolu13 tion (and against consideration of the 

14 joint resolution) are waived. The mo15 tion to proceed is not debatable. The 

16 motion is not subject to a motion to 

17 postpone. A motion to reconsider the 

18 vote by which the motion is agreed to 

19 or disagreed to shall not be in order. 

20 If a motion to proceed to the consider21 ation of the resolution is agreed to, 

22 the joint resolution shall remain the 

23 unfinished business until disposed of. 

24 ‘‘(II) CONSIDERATION.—Consid25 eration of a joint resolution of apVerDate Sep 11 2014 00:14 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8342.IH H8342

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1 proval, and on all debatable motions 

2 in connection therewith, shall be lim3 ited to not more than 10 hours, which 

4 shall be divided equally between the 

5 majority and minority leaders or their 

6 designees. A motion further to limit 

7 debate is in order and not debatable. 

8 An amendment to, a motion to post9 pone, or a motion to proceed to the 

10 consideration of other business, or a 

11 motion to recommit the joint resolu12 tion is not in order. 

13 ‘‘(III) VOTE ON PASSAGE.—The 

14 vote on passage shall occur imme15 diately following the conclusion of the 

16 debate on a joint resolution of ap17 proval, and a single quorum call at 

18 the conclusion of the debate if re19 quested in accordance with the rules 

20 of the Senate. Passage of the joint 

21 resolution shall require the affirmative 

22 vote of two-thirds of Senators, duly 

23 chosen and sworn. 

24 ‘‘(IV) RULINGS OF THE CHAIR

25 ON PROCEDURE.—Appeals from the 


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1 decisions of the Chair relating to the 

2 application of the rules of the Senate, 

3 as the case may be, to the procedure 

4 relating to a joint resolution of ap5 proval shall be decided without de6 bate. 

7 ‘‘(E) RULES RELATING TO SENATE AND

8 HOUSE OF REPRESENTATIVES.— 

9 ‘‘(i) COORDINATION WITH ACTION BY

10 OTHER HOUSE.—If, before the passage by 

11 one House of a joint resolution of that 

12 House, that House receives from the other 

13 House a joint resolution of approval that is 

14 identical to the joint resolution of the 

15 House receiving the resolution, then the 

16 following procedures shall apply: 

17 ‘‘(I) The joint resolution of the 

18 other House shall not be referred to a 

19 committee. 

20 ‘‘(II) With respect to a joint res21 olution of the House receiving the res22 olution— 

23 ‘‘(aa) the procedure in that 

24 House shall be the same as if no 


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1 joint resolution had been received 

2 from the other House; but 

3 ‘‘(bb) the vote on passage 

4 shall— 

5 ‘‘(AA) require the af6 firmative vote of two-thirds 

7 of Senators, duly chosen and 

8 sworn, for passage; and 

9 ‘‘(BB) be on the joint 

10 resolution of the other 

11 House. 

12 ‘‘(ii) TREATMENT OF JOINT RESOLU13 TION OF OTHER HOUSE.—If one House 

14 fails to introduce or consider a joint resolu15 tion under this section, the joint resolution 

16 of the other House shall be entitled to ex17 pedited floor procedures under this para18 graph. 

19 ‘‘(iii) TREATMENT OF COMPANION

20 MEASURES.—If, following passage of the 

21 joint resolution in the Senate, the Senate 

22 then receives an identical resolution from 

23 the House of Representatives, the resolu24 tion of the House shall not be debatable. 


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1 ‘‘(iv) CONSIDERATION OF VETO MES2 SAGES.—If the President vetoes a joint 

3 resolution of approval, debate on a veto 

4 message in the Senate shall be 1 hour 

5 equally divided between the majority and 

6 minority leaders or their designees. 

7 ‘‘(F) RULES OF HOUSE OF REPRESENTA8 TIVES AND SENATE.—This paragraph enacted 

9 by the Senate and the House of Representa10 tives— 

11 ‘‘(i) as an exercise of the rulemaking 

12 power of the Senate and House, respec13 tively, and as such it is deemed a part of 

14 the rules of each House, respectively, but 

15 applicable only with respect to the proce16 dure to be followed in that House in the 

17 case of a joint resolution of approval, and 

18 it supersedes other rules only to the extent 

19 that it is inconsistent with such rules; and 

20 ‘‘(ii) with full recognition of the con21 stitutional right of either House to change 

22 the rules (so far as relating to the proce23 dure of that House) at any time, in the 

24 same manner, and to the same extent as in 

25 the case of any other rule of that House. 


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1 ‘‘(5) DEFINITIONS.—In this subsection: 

2 ‘‘(A) EXPLOSIVE NUCLEAR TESTING.—The 

3 term ‘explosive nuclear testing’— 

4 ‘‘(i) means testing involving the explo5 sive compression or assembly of fissile ma6 terial to exceed critical mass with the at7 tendant release of any nuclear energy from 

8 fission processes; and 

9 ‘‘(ii) does not include subcritical ex10 periments carried out as part of the stock11 pile stewardship program under section 

12 4201, laser fusion experiments, or other in13 ertial confinement fusion experiments how14 ever driven. 

15 ‘‘(B) TECHNICAL NEED.—The term ‘tech16 nical need’, with respect to explosive nuclear 

17 testing, means that all officials specified in sec18 tion 4205(b) determine that an explosive nu19 clear test is necessary to resolve an issue with 

20 respect to the safety, reliability, performance, or 

21 military effectiveness of a nuclear weapon 

22 type.’’. 

Æ 


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