H.J.RES. 83 Relating to the US-NK Agreed Framework and the obligations of NK under that and previous agreements with respect to the denuclearization of the Korean Peninsula and dialogue with the RoK. IN THE HOUSE OF REPRESENTATIVES March 30, 1995 Bereuter 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 21st, 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 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; 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 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) 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. Funds authorized to be appropriated or appropriated under any provision of law other than the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) may be used to provide assistance to North Korea or the Korean Peninsula Energy Development Organization only if such assistance is provided under the same terms and conditions that would apply to assistance provided to North Korea or such Organization under the Foreign Assistance Act of 1961, including-- (1) the requirement that the congressional committees specified in section 634A of such Act (22 U.S.C. 2394) be notified pursuant to that section in the case of any reprogramming of funds; and (2) the requirements contained in section 614 of such Act in the case of a waiver of any provision of law specified in subsection (a) of such section that would otherwise apply to such assistance.