IIA

104TH CONGRESS

1ST SESSION H. J. RES. 83

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 19 (legislative day, SEPTEMBER 5), 1995

Received; read twice and referred to the Committee on Foreign Relations

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

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
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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

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,
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1 SECTION 1. CLARIFICATION OF NUCLEAR NONPROLIFERA2 TION OBLIGATIONS OF NORTH KOREA

3 UNDER THE AGREED FRAMEWORK.

4 It is the sense of the Congress that in discussions

5 or negotiations with the Government of North Korea pur6 suant to the implementation of the United States-Demo7 cratic People’s Republic of Korea Agreed Framework (in

8 this joint resolution referred to as the ‘‘Agreed Frame9 work’’), entered into on October 21, 1994, the President

10 should uphold the following minimum conditions relating

11 to nuclear nonproliferation:

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

13 nuclear reactors and related facilities of North

14 Korea should be removed from the territory of North

15 Korea as is consistent with the Agreed Framework.

16 (2) The International Atomic Energy Agency

17 should have the freedom to conduct any and all in18 spections that it deems necessary to fully account for

19 the stocks of plutonium and other nuclear materials

20 in North Korea, including special inspections of sus21 pected nuclear waste sites, before any nuclear com22 ponents controlled by the Nuclear Supplier Group

23 Guidelines are delivered for a light water reactor for

24 North Korea.

25 (3) The dismantlement of all declared graphite26 based nuclear reactors and related facilities in North
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1 Korea, including reprocessing units, should be com2 pleted in accordance with the Agreed Framework

3 and in a manner that effectively bars in perpetuity

4 any reactivation of such reactors and facilities.

5 (4) The United States should suspend actions

6 described in the Agreed Framework if North Korea

7 attempts to reload its existing 5 megawatt nuclear

8 reactor or resumes construction of nuclear facilities

9 other than those permitted to be built under the

10 Agreed Framework.

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

12 AGREED FRAMEWORK.

13 It is further the sense of the Congress that the Re14 public of Korea should play the central role in the project

15 to provide light water reactors to North Korea under the

16 Agreed Framework.

17 SEC. 3. FURTHER STEPS TO PROMOTE UNITED STATES SE18 CURITY AND POLITICAL INTERESTS WITH RE19 SPECT TO NORTH KOREA.

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

21 date of the enactment of this joint resolution, the Presi22 dent should not take further steps toward upgrading diplo23 matic relations with North Korea beyond opening liaison

24 offices, or relaxing trade and investment barriers imposed

25 against North Korea without—
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1 (1) action by the Government of North Korea

2 to engage in a North-South dialogue with the Gov3 ernment of the Republic of Korea;

4 (2) significant progress toward implementation

5 of the North-South Joint Declaration on the

6 Denuclearization of the Korean Peninsula; and

7 (3) progress toward the achievement of several

8 long-standing United States policy objectives regard9 ing North Korea and the Korean Peninsula, includ10 ing—

11 (A) reducing the number of military forces

12 of North Korea along the Demilitarized Zone

13 and relocating such military forces away from

14 the Demilitarized Zone;

15 (B) prohibiting any movement by North

16 Korea toward the deployment of an intermedi17 ate range ballistic missile system; and

18 (C) prohibiting the export by North Korea

19 of missiles and other weapons of mass destruc20 tion, including related technology and compo21 nents.
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1 SEC. 4. RESTRICTIONS ON ASSISTANCE TO NORTH KOREA

2 AND THE KOREAN PENINSULA ENERGY DE3 VELOPMENT ORGANIZATION.

4 (a) IN GENERAL.—Chapter 1 of part III of the For5 eign Assistance Act of 1961 (22 U.S.C. 2370 et seq.) is

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

7 ‘‘SEC. 620G. ASSISTANCE TO NORTH KOREA AND THE KO8 REAN PENINSULA ENERGY DEVELOPMENT

9 ORGANIZATION.

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

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

12 Korea or the Korean Peninsula Energy Development Or13 ganization unless—

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

15 with all requirements, limitations, and procedures

16 otherwise applicable to the provision of such assist17 ance for such purposes; and

18 ‘‘(2) the President—

19 ‘‘(A) notifies the congressional committees

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

21 the obligation of such assistance in accordance

22 with the procedures applicable to

23 reprogramming notifications under that section,

24 irrespective of the amount of the proposed obli25 gation of such assistance; and
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1 ‘‘(B) determines and reports to such com2 mittees that the provision of such assistance is

3 vital to the national interests of the United

4 States.

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

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

7 to be appropriated and appropriated for North Korea or

8 the Korean Peninsula Energy Development Organiza9 tion.’’.

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

11 Assistance Act of 1961, as added by subsection (a), ap12 plies with respect to assistance provided to North Korea

13 or the Korean Peninsula Energy Development Organiza14 tion on or after the date of the enactment of this joint

15 resolution.

Passed the House of Representatives September 18,

1995.

Attest: ROBIN H. CARLE,

Clerk.