[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 83 Referred in Senate (RFS)]

  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 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 North-South 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
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. CLARIFICATION OF NUCLEAR NONPROLIFERATION OBLIGATIONS OF 
              NORTH KOREA UNDER THE AGREED FRAMEWORK.

    It is the sense of the Congress that in discussions or negotiations 
with the Government of North Korea pursuant to the implementation of 
the United States-Democratic People's Republic of Korea Agreed 
Framework (in this joint resolution referred to as the ``Agreed 
Framework''), entered into on October 21, 1994, the President should 
uphold the following minimum conditions relating to nuclear 
nonproliferation:
            (1) All spent fuel from the graphite-moderated nuclear 
        reactors and related facilities of North Korea should be 
        removed from the territory of North Korea as is consistent with 
        the Agreed Framework.
            (2) The International Atomic Energy Agency should have the 
        freedom to conduct any and all inspections that it deems 
        necessary to fully account 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 declared graphite-based 
        nuclear reactors and related facilities in North Korea, 
        including reprocessing units, should be completed in accordance 
        with the Agreed Framework and in a manner that effectively bars 
        in perpetuity any reactivation of such reactors and facilities.
            (4) The United States should suspend actions described in 
        the Agreed Framework if North Korea attempts to reload its 
        existing 5 megawatt nuclear reactor or resumes construction of 
        nuclear facilities other than those permitted to be built under 
        the Agreed Framework.

SEC. 2. ROLE OF THE REPUBLIC OF KOREA UNDER THE AGREED FRAMEWORK.

    It is further the sense of the Congress that the Republic of Korea 
should play the central role in the project to provide light water 
reactors to North Korea under the Agreed Framework.

SEC. 3. FURTHER STEPS TO PROMOTE UNITED STATES SECURITY AND POLITICAL 
              INTERESTS WITH RESPECT TO NORTH KOREA.

    It is further the sense of the Congress that, after the date of the 
enactment of this joint resolution, the President should not take 
further steps toward upgrading diplomatic relations with North Korea 
beyond opening liaison offices, or relaxing trade and investment 
barriers imposed against North Korea without--
            (1) action by the Government of North Korea to engage in a 
        North-South dialogue with the Government of the Republic of 
        Korea;
            (2) significant progress toward implementation of the 
        North-South Joint Declaration on the Denuclearization of the 
        Korean Peninsula; and
            (3) progress toward the achievement of several long-
        standing United States policy objectives regarding North Korea 
        and the Korean Peninsula, including--
                    (A) reducing the number of military forces of North 
                Korea along the Demilitarized Zone and relocating such 
                military forces away from the Demilitarized Zone;
                    (B) prohibiting any movement by North Korea toward 
                the deployment of an intermediate range ballistic 
                missile system; and
                    (C) prohibiting the export by North Korea of 
                missiles and other weapons of mass destruction, 
                including related technology and components.

SEC. 4. RESTRICTIONS ON ASSISTANCE TO NORTH KOREA AND THE KOREAN 
              PENINSULA ENERGY DEVELOPMENT ORGANIZATION.

    (a) In General.--Chapter 1 of part III of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2370 et seq.) is amended by adding at the end 
the following new section:

``SEC. 620G. ASSISTANCE TO NORTH KOREA AND THE KOREAN PENINSULA ENERGY 
              DEVELOPMENT ORGANIZATION.

    ``(a) In General.--No assistance may be provided under this Act or 
any other provision of law to North Korea or the Korean Peninsula 
Energy Development Organization unless--
            ``(1) such assistance is provided in accordance with all 
        requirements, limitations, and procedures otherwise applicable 
        to the provision of such assistance for such purposes; and
            ``(2) the President--
                    ``(A) notifies the congressional committees 
                specified in section 634A(a) of this Act prior to the 
                obligation of such assistance in accordance with the 
                procedures applicable to reprogramming notifications 
                under that section, irrespective of the amount of the 
                proposed obligation of such assistance; and
                    ``(B) determines and reports to such committees 
                that the provision of such assistance is vital to the 
                national interests of the United States.
    ``(b) Exception.--The requirement of subsection (a)(2) shall not 
apply with respect to assistance authorized to be appropriated and 
appropriated for North Korea or the Korean Peninsula Energy Development 
Organization.''.
    (b) Effective Date.--Section 620G of the Foreign Assistance Act of 
1961, as added by subsection (a), applies with respect to assistance 
provided to North Korea or the Korean Peninsula Energy Development 
Organization on or after the date of the enactment of this joint 
resolution.

            Passed the House of Representatives September 18, 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.