Center for Arms Control and Non-Proliferation

With Glenn Amendment Waiver, Dismantling North Korea's Nuclear Facilities Can Proceed

by Leonor Tomero [contact information]

June 27, 2008

The Fiscal Year (FY) 2008/2009 Iraq war supplemental funding bill, which cleared its final hurdle by passing the Senate on June 26, provides the President with authority to waive provisions mandated by the Glenn Amendment. This five-year waiver authority allows the Department of Energy's National Nuclear Security Administration and other agencies to fully implement U.S. agreements to verify and assist the disablement and dismantlement of North Korea's nuclear weapons program.

The supplemental is likely to be the only legislative vehicle left in 2008 for the inclusion of the waiver. The waiver was necessary to allow U.S. technical and financial assistance; without the waiver, progress on North Korea's program would have been delayed because of America's inability to fulfill its promises, which could have dangerously jeopardized the negotiation process and undermined North Korea's promise to end its nuclear weapons program.

In granting the waiver authority, Congress required annual reports on the implementation by North Korea of its commitment to abandon its nuclear weapons and existing nuclear programs, and on verification measures to ensure that North Korea is fulfilling its commitments (including verifying that North Korea's declaration of its nuclear programs is correct and complete). As a result of the waiver, Department of Energy officials can continue assisting North Korea in removing spent nuclear fuel rods.

The waiver received bipartisan support in Congress, and is supported by the Bush administration. Sen. Sam Brownback (R-KS) offered an amendment to limit the waiver during the Senate Appropriations Committee markup of the supplemental, but his proposed amendment failed by a vote of 6 to 23.

The timing of the waiver authority was significant because it came amidst North Korea making significant progress on its obligations by providing a declaration of its nuclear programs and destroying the cooling tower at its Yongbyon nuclear reactor.

The text of the waiver from the supplemental is below.

Section 1405 grants waiver authority to the President with respect to certain assistance to North Korea and the "Glenn Amendment," which established automatic sanctions in the Arms Export Control Act on non-nuclear weapon states that detonate a nuclear device.

North Korea.--The amended bill includes up to $53,000,000 for energy-related assistance for North Korea in support of the goals of the Six-Party Talks Agreement, in addition to the $53,000,000 appropriated in division J of Public Law 110-161, which is the same as the total amount requested. Prior to the obligation of assistance for North Korea, the Secretary of State is directed to report to the Committees on Appropriations that North Korea is continuing to fulfill its commitments under the Six-Party Talks Agreement.