Congress would have to affirmatively, rather than tacitly, approve any agreement to allow exports of U.S. nuclear technology to Saudi Arabia, under bills introduced in both chambers Tuesday by a bipartisan group of lawmakers.
Sens. Edward Markey (D-Mass.) and Marco Rubio (R-Fla.) introduced the No Nuclear Weapons for Saudi Arabia Act in the Senate, while Reps. Luke Messer (R-Ind.) and Brad Sherman (D-Calif.) submitted an identical measure in the House.
The Markey-Rubio bill was sent to the Senate Foreign Relations Committee, while the Messer-Sherman legislation went to the House Foreign Affairs Committee. Neither have any hearings scheduled for the remainder of the current congressional session.
Unless enacted immediately the bills will become null and void in a matter of days, with a new session of Congress scheduled to begin on Jan. 3. However, the measure still resonates as a bipartisan rebuke of President Donald Trump’s plan to establish a bilateral cooperation deal that would smooth the export of nuclear technology to Saudi Arabia.
Congress, more or less as a group, has recoiled from nuclear cooperation between the two nations after Riyadh was implicated in the murder of U.S. resident and journalist Jamal Khashoggi at the Saudi consulate in Turkey in October.
Any export of U.S. nuclear technology requires a so-called 123 agreement, named for Section 123 of the Atomic Energy Act. The agreements require the importing nation to build only peaceful nuclear power programs, with strict safeguards to prevent technology from being weaponized.
Currently, 123 agreements are approved automatically, unless Congress passes a joint resolution opposing them. If the No Nuclear Weapons for Saudi Arabia Act became law, it would present a U.S.-Saudi 123 agreement for congressional approval by default.
The White House would also be required to provide Congress with a report addressing several issues, including: Saudi Arabia’s level of honesty and transparency regarding its probe into Khashoggi’s murder; the prosecution of those responsible for his death; and Riyadh’s clear rejection of nuclear enrichment or reprocessing activities, which could contribute to a weapons program.
“The constitution is quite clear: any international agreement that requires major undertakings on the part of the United States – such as any proposed Saudi nuclear deal – must be sent to Congress for advice and consent,” Messer said in a joint press release. “Frankly, it was wrong when the Obama Administration circumvented these requirements with the Iran nuclear deal, and it would be wrong to allow any deal with the Saudis without ensuring that Congress – acting as the voice of American people – has a say.”
