Merkley, Markey introduce Senate resolution to block U.S.-Saudi 123 Agreement

A Joint Resolution of Disapproval seeking to stop the U.S.-Saudi 123 Agreement from taking effect was introduced in the Senate on October 15 by Sens. Jeff Merkley (D., Ore.) and Edward Markey (D., Mass.). The legislators called the deal's departure from the "gold standard" and its lack of an Additional Protocol unacceptable, and cited Crown Prince Mohammed bin Salman's previous statement that Saudi Arabia would develop a nuclear weapon if Iran acquired one. Public reporting indicated the deal would hinge on normalization of relations between Saudi Arabia and Israel, but no such arrangement is formalized in the agreement's text, according to their joint press release.

Enrichment capped at 5 percent, with a higher ceiling possible

The agreement was signed July 22 by Energy Secretary Chris Wright and Saudi Minister of Energy Prince Abdulaziz bin Salman, the Department of Energy announced. It would open the door for Saudi Arabia to enrich uranium domestically up to 5 percent U-235 and possibly raise that threshold to less than 20 percent U-235 later. The 2009 123 Agreement with the United Arab Emirates required the UAE to forego domestic enrichment and reprocessing, a commitment generally called the "gold standard." The State Department says 26 123 Agreements are in force, covering 50 countries, Taiwan and the International Atomic Energy Agency.

House resolution came September 17

Gregory Meeks (N.Y.), Brad Sherman (Calif.), John Garamendi (Calif.) and Don Beyer (Va.) introduced a nearly identical JRD in the House on September 17, marking the same two points of contention: the departure from the gold standard and the absence of the Additional Protocol. The Additional Protocol, which increases the IAEA's ability to verify the peaceful use of nuclear materials, is in force with 144 states and Euratom, according to the agency. Director General Rafael Mariano Grossi said in September that the protocol is the "ideal setup for safeguards because it gives us more access," and that the United States, Saudi Arabia and the IAEA are developing other agreements that would give the agency authorizations and capacities similar to those in an Additional Protocol.

Review period split between committees and the floor

The 123 Agreement was submitted to Congress on September 14, setting off a 90-day review period: 30 days in the Senate Foreign Relations and House Foreign Affairs committees and 60 days in the general Senate. If Congress does not pass the resolutions within that window, the agreement goes into effect. Overcoming a presidential veto would require a supermajority. Merkley and Markey said the Senate resolution will be voted on after November 29.