NORTHEAST ASIA PEACE AND SECURITY NETWORK ***** SPECIAL REPORT ***** October 29, 1998 The following is an excerpt of the passages dealing with funding for the Korean Peninsula Energy Development Organization (KEDO) from the House- Senate Conference Report for HR4328 (Omnibus Appropriations Bill). The excerpt outlines the conditions placed by the US Congress on continued funding of KEDO. It can be found in the October 19, 1998 Congressional Record. ------------------------------- Sec. 582. Korean Peninsula Energy Development Organization The conference agreement provides that not to exceed $35,000,000 of the funds made available under the heading "Nonproliferation, Anti-terrorism, Demining and Related Programs" may be available for the Korean Peninsula Energy Development Organization (KEDO), notwithstanding any other provision of law, only for the administrative expenses and heavy fuel oil costs associated with the Agreed Framework. The House bill prohibited funding to KEDO and the Senate amendment provided $35,000,000 subject to presidential certification. The conference agreement provides that none of these funds may be made available until March 1, 1999. The conference agreement further provides that of the funds made available for KEDO, up to $15,000,000 may be made available prior to June 1, 1999, if, thirty days prior to such obligation of funds, the President certifies and so reports to Congress that: (1) the parties to the Agreed Framework have taken and continue to take demonstrable steps to assure that progress is made on the implementation of the January 1, 1992, Joint Declaration on the Denuclearization of the Korean Peninsula, progress is being made on the implementation of the North-South dialogue, and North Korea is complying with all provisions of the Agreed Framework and with the Confidential Minute between North Korea and the United States; (2) North Korea is cooperating fully in the canning and safe storage of all spent fuel from its graphite-moderated nuclear reactors; (3) North Korea has not significantly diverted assistance provided by the United States for purposes for which it was not intended; and (4) The United States is fully engaged in efforts to impede North Korea's development and export of ballistic missiles. The conference agreement also provides that of the funds made available for KEDO, up to $20,000,000 may be made available on or after June 1, 1999, if, thirty days prior to such obligation of funds, the President certifies and so reports to Congress that: (1) The United States has initiated meaningful discussions with North Korea on implementation of the Joint Declaration on the Denuclearization of Korean Peninsula; (2) The United States has reached agreement with North Korea on the means for satisfying United States concerns regarding suspect underground construction; and, (3) The United States is making significant progress in negotiations with North Korea on reducing and eliminating the North Korean ballistic missile threat, including its ballistic missile exports. The President may waive the certification requirements of subsections (b) and (c) if the President determines that it is vital to the national security interests of the United States and provides written policy justification to the appropriate congressional committees prior to his exercise of such waiver. The conference agreement also provides that no funds may be obligated for KEDO until 30 days after submission to Congress of such waiver. The conferees agree that a very senior presidential envoy is now necessary to help restore confidence in the Administration's North Korea policy, as well to engage the North Korean government at the most senior levels. Therefore, the conference agreement provides that no later than January 1, 1999, the President shall name a "North Korea Policy Coordinator," who shall conduct a full and complete interagency review of United States policy toward North Korea, shall provide policy direction for negotiations with North Korea related to nuclear weapons, ballistic missiles, and other security related issues, and shall also provide leadership for United States participation in KEDO. In addition, the conference agreement requires the Secretary of State to submit to the appropriate congressional committees an annual report providing a full and detailed accounting of the fiscal year request for the United States contribution to KEDO as well as other important financial aspects of KEDO activities. The conference agreement also provides that the Secretary of Defense shall submit to the appropriate congressional committees an annual report on the degree to which KEDO's mission and the Agreed Framework continue to promote important United States national security interests, contribute to delaying North Korean indigenous development of nuclear weapons-related technology, and contribute to a reduction of tensions on the Korean Peninsula. ---------------------------- End of excerpt.