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104TH CONGRESS

1ST SESSION H. J. RES. 83

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.

IN THE HOUSE OF REPRESENTATIVES

MARCH 30, 1995

Mr. BEREUTER (for himself and Mr. KIM) introduced the following joint

resolution; which was referred to the Committee on International 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 bunker oil
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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

supplied bunker oil in contravention of the agreed purpose of the interim fuel deliveries, the refusal to accept

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 conduct of provocative, offensive oriented military exercises that exceed levels for such activities prior to the Agreed Framework; 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
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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.

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

21 the stocks of plutonium and other nuclear materials

22 in North Korea, including special inspections of sus23 pected nuclear waste sites, before any nuclear com24 ponents for a light water reactor or technical data

25 are delivered to North Korea.
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1 (3) The dismantlement of all declared graphite2 based nuclear reactors and related facilities in North

3 Korea, including reprocessing units, should be com4 pleted in accordance with the Agreed Framework

5 and in a manner that effectively bars in perpetuity

6 any reactivation of such reactors and facilities.

7 (4) The United States should suspend its obli8 gations under the Agreed Framework if North

9 Korea attempts to reload its existing 5 megawatt

10 nuclear reactor or resumes construction of nuclear

11 facilities other than those permitted to be built

12 under the Agreed Framework.

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

14 AGREED FRAMEWORK.

15 It is further the sense of the Congress that the Re16 public of Korea is the only acceptable source for the major

17 nuclear components for light water reactors to be provided

18 to North Korea under the Agreed Framework.

19 SEC. 3. FURTHER STEPS TO PROMOTE UNITED STATES SE20 CURITY AND POLITICAL INTERESTS WITH RE21 SPECT TO NORTH KOREA.

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

23 date of the enactment of this joint resolution, the Presi24 dent should not take further steps toward upgrading diplo25 matic relations with North Korea or relaxing trade and
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1 investment barriers imposed against North Korea with2 out—

3 (1) action by the Government of North Korea

4 to engage in a North-South dialogue with the Gov5 ernment of the Republic of Korea;

6 (2) implementation of the North-South Joint

7 Declaration on the Denuclearization of the Korean

8 Peninsula; and

9 (3) progress toward the achievement of several

10 long-standing United States policy objectives regard11 ing North Korea and the Korean Peninsula, includ12 ing—

13 (A) reducing the number of military forces

14 of North Korea along the Demilitarized Zone

15 and relocating such military forces away from

16 the Demilitarized Zone;

17 (B) prohibiting any movement by North

18 Korea toward the deployment of an intermedi19 ate range ballistic missile system; and

20 (C) prohibiting the export by North Korea

21 of missiles and other weapons of mass destruc22 tion, including related technology and compo23 nents.
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1 SEC. 4. RESTRICTIONS ON ASSISTANCE TO NORTH KOREA

2 AND THE KOREAN PENINSULA ENERGY DE3 VELOPMENT ORGANIZATION.

4 Funds authorized to be appropriated or appropriated

5 under any provision of law other than the Foreign Assist6 ance Act of 1961 (22 U.S.C. 2151 et seq.) may be used

7 to provide assistance to North Korea or the Korean Penin8 sula Energy Development Organization only if such assist9 ance is provided under the same terms and conditions that

10 would apply to assistance provided to North Korea or such

11 Organization under the Foreign Assistance Act of 1961,

12 including—

13 (1) the requirement that the congressional com14 mittees specified in section 634A of such Act (22

15 U.S.C. 2394) be notified pursuant to that section in

16 the case of any reprogramming of funds; and

17 (2) the requirements contained in section 614

18 of such Act in the case of a waiver of any provision

19 of law specified in subsection (a) of such section that

20 would otherwise apply to such assistance.

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