Authorization for Implementation of the Agreed Framework Between the United States and North Korea Act

Summary: Authorization for Implementation of the Agreed Framework Between the United States and North Korea Act - Sets forth requirements for U.S. implementation of the Agreed Framework Between the United States and North Korea. 
(Sec. 3) Prohibits the United States from exercising any action under the Agreed Framework that would require the obligation or expenditure of funds except to the extent and in the amounts provided in an Act authorizing appropriations and in an appropriations Act. 
Prohibits the availability of funds to carry out activities described in the Agreed Framework unless the President certifies to the Congress that North Korea is in full compliance with the terms of the Agreed Framework. 
(Sec. 4) Prohibits the availability of funds to carry out any Federal program, project, or activity to maintain relations with North Korea at the ambassadorial level unless North Korea has satisfied the International Atomic Energy Agency (IAEA) safeguards requirement, the nuclear proliferation requirement, and other additional requirements of this Act. 
(Sec. 5) Declares that the President shall not terminate the economic embargo of North Korea until it has satisfied all such requirements. 
(Sec. 6) States that if North Korea does not maintain the freeze of its graphite-moderated nuclear program, or if it diverts heavy oil for purposes not specified in the Agreed Framework, then:  (1) no additional heavy oil may be exported to North Korea if such oil is subject to U.S. jurisdiction, or is exported by a person subject to U.S. jurisdiction; (2) the United States shall immediately cease any direct or indirect support for any exports of heavy oil to North Korea; and (3) the President shall oppose steps to export such oil to North Korea by all other countries in the Korean Peninsula Energy Development Organization. 
(Sec. 7) States that the IAEA safeguards requirement of this Act is satisfied when the President certifies to Congress North Korea's full compliance with its safeguards agreement with the IAEA, as determined by the IAEA after:  (1) inspecting the two suspected nuclear waste sites at the Yongbyon nuclear complex; and (2) conducting any other necessary inspections in North Korea. 
(Sec. 8) Specifies additional requirements whose satisfaction must be certified by the President to the appropriate congressional committees, including:  (1) progress in talks between North Korea and the Republic of Korea; (2) joint U.S. and North Korean establishment of a process for returning the remains of U.S. military personnel listed as missing in action (MIAs) during the Korean Conflict; (3) North Korea's no longer meeting criteria for inclusion on the Secretary of State's list of countries supporting international terrorism; (4) positive steps by North Korea to demonstrate a greater respect for internationally recognized human rights; and (5) North Korean agreement to control equipment and technology in accordance with the Missile Technology Control Regime. 
(Sec. 9) Specifies nuclear proliferation requirements whose satisfaction must be certified by the President to the appropriate congressional committees, including:  (1) removal of all spent fuel from North Korean graphite-moderated nuclear reactors; (2) completion of all IAEA inspections necessary to account fully for the stocks of plutonium and other nuclear materials in North Korea, including inspections of suspected nuclear waste sites, before any nuclear components controlled by the Nuclear Supplier Group Guidelines are delivered for a light water reactor for North Korea; and (3) complete dismantlement of all graphite-moderated reactors in North Korea, including reprocessing facilities, in a manner effectively barring any reactivation. 
(Sec. 10) Declares that the United States shall suspend actions described in the Agreed Framework if North Korea reloads its existing five megawatt nuclear reactor or resumes construction of nuclear facilities other than those permitted to be built under the Agreed Framework. 
(Sec. 11) Provides for presidential waiver of such suspension or any of the requirements of this Act if it is vital to U.S.  security interests to do so.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Authorization for Implementation of 
the Agreed Framework Between the United States and North Korea Act''.

SEC. 2. STATEMENT OF PURPOSE; STATUTORY CONSTRUCTION.

    (a) Purpose.--The purpose of this Act is to set forth requirements, 
consistent with the Agreed Framework, for the United States 
implementation of the Agreed Framework.
    (b) Statutory Construction.--Nothing in this Act requires the 
United States to take any action which would be inconsistent with any 
provision of the Agreed Framework.

SEC. 3. RESTRICTION ON FUNDING.

    (a) Subject to an Authorization of Appropriations Act and an 
Appropriations Act.--The United States may not exercise any action 
under the Agreed Framework that would require the obligation or 
expenditure of funds except to the extent and in the amounts provided 
in an Act authorizing appropriations and in an appropriations Act.
    (b) Prohibition.--No funds may be made available under any 
provision of law to carry out activities described in the Agreed 
Framework unless the President determines and certifies to Congress 
that North Korea is in full compliance with the terms of the Agreed 
Framework.

SEC. 4. NORMALIZATION OF DIPLOMATIC RELATIONS.

    None of the funds made available to carry out any program, project, 
or activity funded under any provision of law may be used to maintain 
relations with North Korea at the ambassadorial level unless North 
Korea has satisfied the IAEA safeguards requirement described in 
section 7, the additional requirements set forth in section 8, and the 
nuclear nonproliferation requirements of section 9.

SEC. 5. NORMALIZATION OF ECONOMIC RELATIONS.

    (a) Restriction on Termination of Economic Embargo.--The President 
shall not terminate the economic embargo of North Korea until North 
Korea has satisfied the IAEA safeguards requirement described in 
section 7, the additional requirements set forth in section 8, and the 
nuclear nonproliferation requirements of section 9.
    (b) Definition.--As used in this section, the term ``economic 
embargo of North Korea'' means the regulations of the Department of the 
Treasury restricting trade with North Korea under section 5(b) of the 
Trading With the Enemy Act (50 U.S.C. App. 5(b)).

SEC. 6. RESTRICTION ON PETROLEUM SHIPMENTS.

    (a) Restriction.--If North Korea does not maintain the freeze of 
its graphite-moderated nuclear program as defined in the Agreed 
Framework, or if North Korea diverts heavy oil for purposes not 
specified in the Agreed Framework, then--
            (1) no additional heavy oil may be exported to North Korea 
        if such oil is subject to the jurisdiction of the United 
        States, or is exported by a person subject to the jurisdiction 
        of the United States;
            (2) the United States shall immediately cease any direct or 
        indirect support for any exports of heavy oil to North Korea; 
        and
            (3) the President shall oppose steps to export heavy oil to 
        North Korea by all other countries in the Korean Peninsula 
        Energy Development Organization.
    (b) Enforcement.--Whoever violates subsection (a)(1) having the 
requisite knowledge described in section 11 of the Export 
Administration Act of 1979 (50 U.S.C. App. 2410) shall be subject to 
the same penalties as are provided in that section for violations of 
that Act.

SEC. 7. IAEA SAFEGUARDS REQUIREMENT.

    The requirement of this section is satisfied when the President 
determines and certifies to the appropriate congressional committees 
that North Korea is in full compliance with its safeguards agreement 
with the International Atomic Energy Agency (INFCIRC/403), in 
accordance with part IV (3) of the Agreed Framework under the timetable 
set forth therein, as determined by the Agency after--
            (1) conducting inspections of the two suspected nuclear 
        waste sites at the Yongbyon nuclear complex; and
            (2) conducting such other inspections in North Korea as may 
        be deemed necessary by the Agency.

SEC. 8. ADDITIONAL REQUIREMENTS.

    The additional requirements referred to in sections 4 and 5 are the 
following, as determined and certified by the President to the 
appropriate congressional committees:
            (1) That progress has been made in talks between North 
        Korea and the Republic of Korea, including implementation of 
        confidence-building measures by North Korea as well as other 
        concrete steps to reduce tensions.
            (2) That the United States and North Korea have established 
        a process for returning the remains of United States military 
        personnel who are listed as missing in action (MIAs) during the 
        Korean conflict between 1950 and 1953, including field 
        activities conducted jointly by the United States and North 
        Korea.
            (3) That North Korea no longer meets the criteria for 
        inclusion on the list maintained by the Secretary of State 
        under section 6(j)(1)(A) of the Export Administration Act of 
        1979 of countries the governments of which repeatedly provide 
        support for acts of international terrorism.
            (4) That North Korea has taken positive steps to 
        demonstrate a greater respect for internationally recognized 
        human rights.
            (5) That North Korea has agreed to control equipment and 
        technology in accordance with the criteria and standards set 
        forth in the Missile Technology Control Regime, as defined in 
        section 74(2) of the Arms Export Control Act (22 U.S.C. 2797c).

SEC. 9. NUCLEAR NONPROLIFERATION REQUIREMENTS.

    The nuclear nonproliferation requirements referred to in sections 4 
and 5 are the following, as determined and certified by the President 
to the appropriate congressional committees and the Committee on Energy 
and Natural Resources of the Senate:
            (1) All spent fuel from the graphite-moderated nuclear 
        reactors of North Korea have been removed from the territory of 
        North Korea as is consistent with the Agreed Framework.
            (2) The International Atomic Energy Agency has conducted 
        any and all inspections that it deems necessary to account 
        fully for the stocks of plutonium and other nuclear materials 
        in North Korea, including special inspections of suspected 
        nuclear waste sites, before any nuclear components controlled 
        by the Nuclear Supplier Group Guidelines are delivered for a 
        light water reactor for North Korea.
            (3) The dismantlement of all graphite-based nuclear 
        reactors in North Korea, including reprocessing facilities, has 
        been completed in accordance with the Agreed Framework and in a 
        manner that effectively bars in perpetuity any reactivation of 
        such reactors and facilities.

SEC. 10. SUSPENSION OF UNITED STATES OBLIGATIONS.

    The United States shall suspend actions described in the Agreed 
Framework if North Korea reloads its existing 5 megawatt nuclear 
reactor or resumes construction of nuclear facilities other than those 
permitted to be built under the Agreed Framework.

SEC. 11. WAIVER.

    The President may waive the application of section 7, 8, 9, or 10 
if the President determines, and so notifies in writing the appropriate 
congressional committees, that to do so is vital to the security 
interests of the United States.

SEC. 12. REPORTING REQUIREMENTS.

    Beginning 6 months after the date of enactment of this Act, and 
every 12 months thereafter, the President shall transmit to the 
appropriate congressional committees a report setting forth--
            (1) an assessment of the extent of compliance by North 
        Korea with all the provisions of the Agreed Framework and this 
        Act;
            (2) a statement of the progress made on construction of 
        light-water reactors, including a statement of all 
        contributions, direct and indirect, made by any country to the 
        Korean Peninsula Energy Development Organization from the date 
        of signature of the Agreed Framework to the date of the report;
            (3) a statement of all contributions, direct or indirect, 
        by any country which is not a member of the Korean Peninsula 
        Energy Development Organization for implementation of the 
        Agreed Framework;
            (4) a statement of all expenditures made by the Korean 
        Peninsula Energy Development Organization, either directly or 
        indirectly, for implementation of the Agreed Framework;
            (5) an estimate of the date by which North Korea is 
        expected to satisfy the IAEA safeguards requirement described 
        in section 7;
            (6) a statement whether North Korea is transferring 
        missiles or missile technology to other countries, including 
        those countries that are state sponsors of international 
        terrorism;
            (7) a description of any new developments or advances in 
        North Korea's nuclear weapons program;
            (8) a statement of the progress made by the United States 
        in fulfilling its actions under the Agreed Framework, including 
        any steps taken toward normalization of relations with North 
        Korea;
            (9) a statement of any progress made on dismantlement and 
        destruction of the graphite-moderated nuclear reactors of North 
        Korea and related facilities;
            (10) a description of the steps being taken to implement 
        the North-South Joint Declaration on the Denuclearization of 
        the Korean Peninsula;
            (11) an assessment of the participation by North Korea in 
        talks between North Korea and the Republic of Korea; and
            (12) a description of any action taken by the President 
        under section 6(a)(2).
    (b) Form of Report.--To the maximum extent possible, the President 
should submit the report in unclassified form.

SEC. 13. DEFINITIONS.

    As used in this Act:
            (1) Agreed framework.--The term ``Agreed Framework'' means 
        the document entitled ``Agreed Framework Between the United 
        States of America and the Democratic People's Republic of 
        Korea'', signed October 21, 1994, at Geneva, and the attached 
        Confidential Minute.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committees 
        on Foreign Relations and Armed Services of the Senate and the 
        Committees on International Relations and National Security of 
        the House of Representatives.
            (3) IAEA safeguards.--The term ``IAEA safeguards'' means 
        the safeguards set forth in an agreement between a country and 
        the International Atomic Energy Agency, as authorized by 
        Article III(A)(5) of the Statute of the International Atomic 
        Energy Agency.
            (4) North korea.--The term ``North Korea'' means the 
        Democratic People's Republic of Korea, including any agency or 
        instrumentality thereof.
            (5) Inspections.--The term ``inspections'' means 
        inspections conducted by the International Atomic Energy Agency 
        pursuant to an IAEA safeguards agreement, including special 
        inspection of undeclared information or locations if the IAEA 
        cannot account for nuclear material and is therefore unable to 
        verify that there has been no diversion of nuclear materials.