As the United States and Saudi Arabia prepare to advance a long-anticipated civil nuclear cooperation agreement, U.S. lawmakers are gearing up for a moment of intense scrutiny when the deal arrives before Congress for review.

Presidents and legislators on both sides view the potential agreement as a milestone in bilateral strategic relations, but critical questions remain unresolved as the executive branch moves to formalise a Section 123 agreement under U.S. law.

In November 2025, the United States and Saudi Arabia announced a “Joint Declaration on the Completion of Negotiations on Civil Nuclear Energy Cooperation,” signalling that decades of intermittent talks have reached a new phase and laying the groundwork for a wider civilian nuclear partnership.

The declaration is intended to establish a legal foundation for multi-billion-dollar cooperation and designates U.S. companies as preferred partners for Saudi Arabia’s civil nuclear sector, emphasising adherence to non-proliferation standards.

However, detailed terms of the final agreement have not yet been released publicly, leaving key issues to be worked out before formalisation.

Under the Atomic Energy Act’s Section 123 provisions, any significant nuclear cooperation agreement with a foreign government must be submitted to Congress for review, giving legislators the authority to approve or disapprove it.

When the Saudi deal is sent to Capitol Hill — likely in late February or March — lawmakers will assess whether it meets statutory non-proliferation criteria and serves U.S. national security interests.

Central to that evaluation will be questions about Saudi Arabia’s right to enrich uranium or reprocess spent fuel, both of which carry proliferation sensitivities, and whether Riyadh will adopt the International Atomic Energy Agency’s Additional Protocol to enhance inspections.

Congressional debate is also set against broader concerns about regional security dynamics.

Saudi officials have at times stated that the kingdom might pursue a nuclear weapons capability if Iran acquires one, raising alarms among non-proliferation advocates.

While the joint declaration pledges cooperation consistent with strong non-proliferation standards, critics in both parties have urged that any agreement include a “gold standard” — a binding commitment to forgo enrichment and reprocessing — similar to what was agreed with the United Arab Emirates in 2009.

Supporters argue that U.S.-Saudi civil nuclear cooperation could strengthen bilateral ties, bolster U.S. leadership in the global nuclear industry and expand commercial opportunities for American firms.

They also maintain that embedding high non-proliferation requirements within the agreement will help counterbalance the influence of other nuclear technology exporters in the Middle East.

Analysts note that the final scope and safeguards of the Section 123 agreement will be decisive in shaping its long-term impact on global nuclear governance and regional stability.

As Congress prepares to exercise its oversight role, the review process is likely to illuminate how Washington balances strategic partnership with Riyadh against enduring concerns about proliferation and regional security.