H.R. 5951: No Nuclear Testing Without Approval Act

This bill, called the No Nuclear Testing Without Approval Act, introduces requirements for the United States government regarding explosive nuclear testing. The main components of the bill are as follows:

1. Requirement for Congressional Approval

Under this bill, the United States cannot conduct any explosive nuclear tests unless certain conditions are met:

• The President must notify Congress at least 180 days in advance of a proposed testing.
• This notification must include:
  • A description of the testing.
  • Reasons for conducting the test, specifying if there's a technical need.
  • This includes an assessment of other options and an explanation of why those were not chosen.
  • Engagement details with the Governor of the state where testing is proposed.
  • If the test is prompted by geopolitical events, an explanation of its national interest must be provided.
  • Estimates of timelines and costs.
• After notification, Congress must approve the proposed testing through a joint resolution, which has to pass a vote.

2. Reasons for Testing

Explosive nuclear testing can only be proposed under the following circumstances:

• A foreign state must conduct a nuclear test.
• There must be a technical reason justifying the need for such testing.

3. Joint Resolution of Approval

The bill defines a process for a joint resolution of approval by Congress:

• Such a resolution can be introduced by any member of Congress.
• It must be reported by the relevant Committee (Armed Services) within 60 days.
• The resolution will be considered under expedited procedures, with limited debate and the requirement for a two-thirds majority vote in the Senate for passage.

4. Definitions

The bill also clarifies certain terms:

• Explosive nuclear testing refers to tests involving the explosive assembly of fissile material that releases nuclear energy, excluding subcritical experiments and other specific types of tests.
• Technical need is defined as a determination that an explosive nuclear test is necessary for the safety, reliability, or effectiveness of a nuclear weapon.

5. Impact on Procedures

The bill outlines how the two houses of Congress should coordinate on joint resolutions, including aspects of expedited consideration and what happens if one house does not act on a resolution.

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