[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 517 Introduced in House (IH)]






107th CONGRESS
  2d Session
H. CON. RES. 517

Condemning the Democratic People's Republic of Korea for its failure to 
comply with the Treaty on the Non-Proliferation of Nuclear Weapons and 
             the U.S.-North Korea Agreed Framework of 1994.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 13, 2002

Mr. Hastings of Florida submitted the following concurrent resolution; 
     which was referred to the Committee on International Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
Condemning the Democratic People's Republic of Korea for its failure to 
comply with the Treaty on the Non-Proliferation of Nuclear Weapons and 
             the U.S.-North Korea Agreed Framework of 1994.

Whereas the Treaty on the Non-Proliferation of Nuclear Weapons (commonly 
        referred to as the ``Non-Proliferation Treaty'' or ``NPT'') is the most 
        widely accepted international arms control agreement;
Whereas the Treaty on the Non-Proliferation of Nuclear Weapons was signed on 
        July 1, 1968, and entered into force on March 5, 1970;
Whereas a total of 187 countries are parties to the Non-Proliferation Treaty and 
        the Democratic People's Republic of Korea (North Korea) has been a 
        signatory of the Treaty since 1985;
Whereas Article II of the Non-Proliferation Treaty provides that ``[e]ach non-
        nuclear-weapon State Party to the Treaty undertakes not to receive the 
        transfer from any transferor whatsoever of nuclear weapons or other 
        nuclear explosive devices or of control over such weapons or explosive 
        devices directly, or indirectly; not to manufacture or otherwise acquire 
        nuclear weapons or other nuclear explosive devices; and not to seek or 
        receive any assistance in the manufacture of nuclear weapons or other 
        nuclear explosive devices'';
Whereas section 1 of Article III of the Non-Proliferation Treaty provides that 
        ``[e]ach non-nuclear-weapon State Party to the Treaty undertakes to 
        accept safeguards, as set forth in an agreement to be negotiated and 
        concluded with the International Atomic Energy Agency in accordance with 
        the Statute of the International Atomic Energy Agency and the Agency's 
        safeguards system, for the exclusive purpose of verification of the 
        fulfillment of its obligations assumed under this Treaty with a view to 
        preventing diversion of nuclear energy from peaceful uses to nuclear 
        weapons or other nuclear explosive devices'';
Whereas North Korea has been a member state of the United Nations since 
        September 17, 1991;
Whereas in 1992 North Korea threatened to withdraw from the Non-Proliferation 
        Treaty following a request from the International Atomic Energy Agency 
        (IAEA) for special inspections to help resolve anomalies in North Korean 
        nuclear facilities;
Whereas in the Agreed Framework Between the United States of America and the 
        Democratic People's Republic of Korea, signed in Geneva on October 21, 
        1994, North Korea pledged to freeze its existing nuclear program and 
        allow the IAEA to carry out inspections designed to account for all its 
        nuclear material and in return, North Korea would be provided with two 
        light-water reactors and heavy fuel oil;
Whereas since early 1993 North Korea has refused to allow inspections of its 
        nuclear facilities by the IAEA;
Whereas on March 21, 1994, the IAEA passed a resolution stating that it could 
        not verify that North Korea had not used nuclear materials for the 
        production of nuclear weapons and nuclear explosive devices;
Whereas in the U.S.-North Korea Agreed Framework of 1994, the United States 
        pledged to organize, under its leadership, an international consortium 
        to finance and supply the light water reactor project for North Korea;
Whereas the Korean Peninsula Energy Development Organization (KEDO), an 
        international consortium, was created in 1995 to advance the 
        implementation of the Agreed Framework by providing North Korea with 
        alternative sources of energy in the form of heavy fuel oil and a modern 
        nuclear power plant;
Whereas on April 11, 1995, the United Nations Security Council adopted 
        Resolution 984 reaffirming the need for all states parties to the Non-
        Proliferation Treaty to comply fully with all their obligations;
Whereas Security Council Resolution 984 urges all states, as provided for in 
        Article VI of the Non-Proliferation Treaty, to pursue negotiations in 
        good faith on effective measures relating to nuclear disarmament and on 
        a treaty on general and complete disarmament under strict and effective 
        international control which remains a universal goal;
Whereas on November 1, 1995, the United Nations General Assembly adopted 
        Resolution 50/9 expressing concern over the continuing noncompliance of 
        North Korea to cooperate fully with the IAEA to verify North Korea's 
        inventory of nuclear material subject to safeguards;
Whereas in October 2002 North Korea admitted that it has been operating a covert 
        nuclear weapons program;
Whereas the United States and the Republic of Korea have long had a close 
        relationship based on shared interests and shared security goals;
Whereas there are nearly 38,000 United States Armed Forces currently stationed 
        on the Korean Peninsula;
Whereas the United States and Japan have long had a close relationship based on 
        shared interests and shared security goals;
Whereas there are nearly 40,000 United States Armed Forces currently stationed 
        in Japan; and
Whereas the existence of a North Korean nuclear weapons program poses a real and 
        imminent threat to the populations of South Korea, Japan, and North 
        Korea, and United States Armed Forces in that region: Now, therefore, be 
        it
    Resolved by the House of Representatives (the Senate concurring), 
That Congress--
            (1) calls on the Democratic People's Republic of Korea 
        (North Korea), as a signatory of the Treaty on the Non-
        Proliferation of Nuclear Weapons, to comply with Articles II, 
        III and VI of that Treaty;
            (2) calls on North Korea, as a signatory of the U.S.-North 
        Korea Agreed Framework of 1994, to honor commitments to freeze 
        nuclear programs;
            (3) calls on North Korea, as a signatory of the Agreed 
        Framework of 1994, to allow the International Atomic Energy 
        Agency (IAEA) to carry out inspections under conditions 
        stipulated in the Agreed Framework of 1994;
            (4) commends the members of the Korean Peninsula Energy 
        Development Organization (KEDO) for honoring and upholding 
        commitments to advance the implementation of the Agreed 
        Framework of 1994;
            (5) calls on North Korea to comply with United Nations 
        Security Council Resolution 984 (April 11, 1995) and comply 
        fully with its obligations under the Non-Proliferation Treaty;
            (6) calls on North Korea, as a member of the United 
        Nations, to comply with United Nations General Assembly 
        Resolution 50/9 (November 1, 1995) to cooperate fully with the 
        IAEA;
            (7) calls on the IAEA to report to the United Nations 
        General Assembly, not later than one year after the date of the 
        adoption of this concurrent resolution, on the status of North 
        Korea's compliance with inspections;
            (8) calls on members of KEDO to suspend construction of the 
        light water reactor in North Korea, including to suspend 
        funding of such construction, and to suspend shipment of heavy 
        fuel oil to North Korea if the IAEA report submitted pursuant 
        to paragraph (7) indicates non-compliance by North Korea; and
            (9) calls on the Russian Federation, the People's Republic 
        of China, Japan, the Republic of Korea, and other concerned 
        countries to support the suspension of the commitment by the 
        United States under the U.S.-North Korea Agreed Framework of 
        1994 pending compliance by North Korea with inspections 
        criteria by the IAEA.
                                 <all>