104TH CONGRESS

1ST SESSION H. J. RES. 83

JOINT RESOLUTION

Relating to the United States-North Korea Agreed

and dialogue with the Republic of Korea.to the denuclearization of the Korean Peninsulaunder that and previous agreements with respectFramework and the obligations of North Korea
104TH CONGRESS

1ST SESSION H. J. RES. 83

JOINT RESOLUTION

Relating to the United States-North Korea Agreed Framework and the obligations of North Korea under that

and previous agreements with respect to the

denuclearization of the Korean Peninsula and dialogue

with the Republic of Korea.

Whereas the United States-Democratic People’s Republic of

Korea Agreed Framework (‘‘Agreed Framework’’), entered into on October 21, 1994, between the United
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States and North Korea, requires North Korea to stop

and eventually dismantle its graphite-moderated nuclear

reactor program and related facilities, and comply fully

with its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons, in exchange for alternative

energy sources, including interim supplies of heavy fuel

oil for electric generators and more proliferation-resistant

light water reactor technology;

Whereas the Agreed Framework also commits North Korea

to ‘‘consistently take steps to implement the North-South

Joint Declaration on the Denuclearization of the Korean

Peninsula’’ and ‘‘engage in North-South’’ dialogue with

the Republic of Korea;

Whereas the Agreed Framework does not indicate specific

criteria for full normalization of relations between the

United States and North Korea, and does not link the sequencing of actions in the Agreed Framework with any

time-frame for carrying out the provisions of the NorthSouth Joint Declaration on the Denuclearization of the

Korean Peninsula and carrying out the dialogue between

North Korea and the Republic of Korea;

Whereas the commitment by North Korea to carry out the

letter and spirit of the Agreed Framework has been put

into doubt by actions of North Korea since October 21,

1994, including the suspected diversion of United States

heavy fuel oil in apparent contravention of the agreed

purpose of the interim fuel deliveries, the resistance to

accepting light water reactors from the Republic of

Korea, the harsh denunciations of the Government of the

Republic of Korea and other actions contrary to the commitment by North Korea to engage in a dialogue with
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such Government, and the continued conduct of provocative, offensive oriented military exercises; and

Whereas the nuclear threat posed by North Korea is just one

of a number of security concerns of the United States

arising out of the policies of North Korea: Now, therefore, be it

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 SECTION 1. CLARIFICATION OF NUCLEAR NONPROLIFERA4 TION OBLIGATIONS OF NORTH KOREA

5 UNDER THE AGREED FRAMEWORK.

6 It is the sense of the Congress that in discussions

7 or negotiations with the Government of North Korea pur8 suant to the implementation of the United States-Demo9 cratic People’s Republic of Korea Agreed Framework (in

10 this joint resolution referred to as the ‘‘Agreed Frame11 work’’), entered into on October 21, 1994, the President

12 should uphold the following minimum conditions relating

13 to nuclear nonproliferation:

14 (1) All spent fuel from the graphite-moderated

15 nuclear reactors and related facilities of North

16 Korea should be removed from the territory of North

17 Korea as is consistent with the Agreed Framework.

18 (2) The International Atomic Energy Agency

19 should have the freedom to conduct any and all in20 spections that it deems necessary to fully account for
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1 the stocks of plutonium and other nuclear materials

2 in North Korea, including special inspections of sus3 pected nuclear waste sites, before any nuclear com4 ponents controlled by the Nuclear Supplier Group

5 Guidelines are delivered for a light water reactor for

6 North Korea.

7 (3) The dismantlement of all declared graphite8 based nuclear reactors and related facilities in North

9 Korea, including reprocessing units, should be com10 pleted in accordance with the Agreed Framework

11 and in a manner that effectively bars in perpetuity

12 any reactivation of such reactors and facilities.

13 (4) The United States should suspend actions

14 described in the Agreed Framework if North Korea

15 attempts to reload its existing 5 megawatt nuclear

16 reactor or resumes construction of nuclear facilities

17 other than those permitted to be built under the

18 Agreed Framework.

19 SEC. 2. ROLE OF THE REPUBLIC OF KOREA UNDER THE

20 AGREED FRAMEWORK.

21 It is further the sense of the Congress that the Re22 public of Korea should play the central role in the project

23 to provide light water reactors to North Korea under the

24 Agreed Framework.
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1 SEC. 3. FURTHER STEPS TO PROMOTE UNITED STATES SE2 CURITY AND POLITICAL INTERESTS WITH RE3 SPECT TO NORTH KOREA.

4 It is further the sense of the Congress that, after the

5 date of the enactment of this joint resolution, the Presi6 dent should not take further steps toward upgrading diplo7 matic relations with North Korea beyond opening liaison

8 offices, or relaxing trade and investment barriers imposed

9 against North Korea without—

10 (1) action by the Government of North Korea

11 to engage in a North-South dialogue with the Gov12 ernment of the Republic of Korea;

13 (2) significant progress toward implementation

14 of the North-South Joint Declaration on the

15 Denuclearization of the Korean Peninsula; and

16 (3) progress toward the achievement of several

17 long-standing United States policy objectives regard18 ing North Korea and the Korean Peninsula, includ19 ing—

20 (A) reducing the number of military forces

21 of North Korea along the Demilitarized Zone

22 and relocating such military forces away from

23 the Demilitarized Zone;

24 (B) prohibiting any movement by North

25 Korea toward the deployment of an intermedi26 ate range ballistic missile system; and
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1 (C) prohibiting the export by North Korea

2 of missiles and other weapons of mass destruc3 tion, including related technology and compo4 nents.

5 SEC. 4. RESTRICTIONS ON ASSISTANCE TO NORTH KOREA

6 AND THE KOREAN PENINSULA ENERGY DE7 VELOPMENT ORGANIZATION.

8 (a) IN GENERAL.—Chapter 1 of part III of the For9 eign Assistance Act of 1961 (22 U.S.C. 2370 et seq.) is

10 amended by adding at the end the following new section:

11 ‘‘SEC. 620G. ASSISTANCE TO NORTH KOREA AND THE KO12 REAN PENINSULA ENERGY DEVELOPMENT

13 ORGANIZATION.

14 ‘‘(a) IN GENERAL.—No assistance may be provided

15 under this Act or any other provision of law to North

16 Korea or the Korean Peninsula Energy Development Or17 ganization unless—

18 ‘‘(1) such assistance is provided in accordance

19 with all requirements, limitations, and procedures

20 otherwise applicable to the provision of such assist21 ance for such purposes; and

22 ‘‘(2) the President—

23 ‘‘(A) notifies the congressional committees

24 specified in section 634A(a) of this Act prior to

25 the obligation of such assistance in accordance
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1 with the procedures applicable to

2 reprogramming notifications under that section,

3 irrespective of the amount of the proposed obli4 gation of such assistance; and

5 ‘‘(B) determines and reports to such com6 mittees that the provision of such assistance is

7 vital to the national interests of the United

8 States.

9 ‘‘(b) EXCEPTION.—The requirement of subsection

10 (a)(2) shall not apply with respect to assistance authorized

11 to be appropriated and appropriated for North Korea or

12 the Korean Peninsula Energy Development Organiza13 tion.’’.

14 (b) EFFECTIVE DATE.—Section 620G of the Foreign

15 Assistance Act of 1961, as added by subsection (a), ap16 plies with respect to assistance provided to North Korea

17 or the Korean Peninsula Energy Development Organiza18 tion on or after the date of the enactment of this joint

19 resolution.

Passed the House of Representatives September 18,

1995.

Attest:

Clerk.