Nuclear Issues

New sanctions imposed by the United Nations Security Council on September 11 in response to North Korea’s latest nuclear test are “not significant enough,” according to R. Nicholas Burns, an Atlantic Council board member who served as undersecretary of state for political affairs in the George W. Bush administration.

Sanctions must be part of a “patient long-term strategy” that includes deterrence, working closely with allies, and negotiations, said Burns, laying out the United States’ options for dealing with the North Korean crisis.  

One of the more notable storylines throughout 2014 was the continued failures of the U.S. Secret Service. There were three striking high profile lapses in the Secret Service’s ability to protect President Obama: one where a man jumped over the White House fence, running through the front door of the White House and throughout its main floor; another where an armed man with an arrest record was able to ride on the same elevator as the President; and another where a man posing as a Member of Congress was able  to sneak into a secured area where the President was speaking. Towards the end of the year, problems within the Secret Service became a hotly debated political football, resulting in the resignation of the Service’s director.

Recently, the Senate Homeland Security and Governmental Affairs Committee held a hearing that highlighted some truly alarming information about the status of radiological security in the United States.  The hearing began with a description from Senator Carper (D-DE) of the Boston marathon bomb attacks. He then speculated on the hypothetical consequences of the use of a Radiological Dispersion Device (RDD) or “dirty bomb” (interestingly, an old high-activity Cs-137 source was removed from Massachusetts General Hospital after the bombing).

In August of 2002, the United States – assisted by a gift from the Nuclear Threat Initiative, when it turned out no U.S. agency had money that was not blocked from doing what was needed – helped airlift 48 kilograms of 80% enriched highly enriched uranium out of the Vinca nuclear research institute in Serbia.  A force of 1,200 armed troops guarded the shipment as it moved from the lab to the airport.  Under international rules, this was dangerous “Category I” material requiring the highest level of security. But under Department of Energy (DOE) rules for categorizing nuclear material, if the same material had been at a DOE site, it would have been considered “Category III” material requiring hardly any security.

With the 2014 Nuclear Security Summit (NSS) now over, policymakers are thinking about next steps to address nuclear security. The NSS process has progressed since its first installment in 2010; yet, the Middle East, a key region where nuclear security is of tremendous importance, remains underrepresented.

News broke yesterday that three prominent senators—Menendez (D-NJ), Kirk (R-IL), and Schumer (D-NY)—may introduce legislation this year that would impose new sanctions against Iran with a “deferred trigger.” That is, the new sanctions can be averted only if the Obama administration provides specific and difficult certifications every 30 days including that Iran is implementing the terms of the November 24 Joint Plan of Action and negotiating “in good faith” toward a final deal. Based on an advance copy of the “Nuclear Weapon Free Iran Act of 2013,” I summarize the substance of the draft legislation, including both the new proposed sanctions and the complicated set of presidential certifications and notifications to waive existing sanctions and suspend the additional sanctions.  In a second post, I examine the current legislative state of play and the likely administration objections to the draft legislation.

In the near term, the Obama administration does not yet need to engage Senators Menendez, Kirk, and Schumer on the details of their proposed Nuclear Weapon Free Act of 2013. The upcoming congressional recess and the protection of friendly senators (including Senate Majority Leader Harry Reid and Chairman of the Senate Banking and Finance Committee Tim Johnson) are likely to delay consideration of the bill for the time being. However, congressional support for sanctions legislation against Iran has strong bipartisan support, and pressure for additional legislation is likely to grow if – as seems likely – it becomes apparent in coming months that negotiations between the P5+1 and Iran on a final agreement are not faring well. In the event that the Obama administration is forced to enter into negotiations with Congress on new sanctions legislation, the White House is likely to have several objections to the proposed Senate legislation, especially on the certification requirements to waive or suspend sanctions.