H.R. 5951

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5951 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 5951

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

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

November 7, 2025

Mr. Horsford (for himself and Ms. Lee of Nevada) 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.

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 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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