I

106TH CONGRESS

1ST SESSION H. R. 2022

To prohibit compliance by the executive branch with the 1972 Anti-Ballistic

Missile Treaty and the 1997 multilateral Memorandum of Understanding

related to that treaty.

IN THE HOUSE OF REPRESENTATIVES

JUNE 7, 1999

Mr. MCINTOSH (for himself, Mr. PITTS, Mr. ROHRABACHER, Mr. ENGLISH,

Mr. TANCREDO, Mr. BLILEY, Mrs. CHENOWETH, Mr. SOUDER, Mr.

ISTOOK, Mr. SESSIONS, Mr. HOSTETTLER, and Mrs. MYRICK) introduced

the following bill; which was referred to the Committee on International

Relations

A BILL

To prohibit compliance by the executive branch with the

1972 Anti-Ballistic Missile Treaty and the 1997 multilateral Memorandum of Understanding related to that treaty.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Freedom From Mutu5 ally Assured Destruction Act of 1999’’.

6 SEC. 2. FINDINGS.

7 Congress makes the following findings:
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1 (1) The United States is threatened by ballistic

2 missiles from a growing number of countries.

3 (2) The United States does not now possess the

4 capacity to prevent any ballistic missile from reach5 ing United States soil or to intercept any but a few

6 of the crudest of ballistic missiles from destroying

7 United States forces and allies abroad, while numer8 ous potential adversaries are acquiring missiles of

9 great range and sophistication.

10 (3) The Anti-Ballistic Missile Treaty of 1972

11 committed the United States to refrain from defend12 ing its territory against ballistic missiles, to refrain

13 from establishing the base for an antimissile defense,

14 and to refrain from transferring to allies the means

15 for them to defend their nations against ballistic

16 missiles.

17 (4) The disappearance of the Soviet Union on

18 December 25, 1991, eliminated the only other signa19 tory to the ABM Treaty, rendering it no longer le20 gally binding under international law.

21 (5) In 1997, the President demonstrated aware22 ness of that treaty’s legal demise by negotiating a

23 new treaty, designated as a Memorandum of Under24 standing, with Russia, Belarus, Ukraine, and

25 Kazakhstan. That new treaty, not having been sub-
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1 mitted by the President to the Senate for its consid2 eration, is not in force since the Senate has not

3 given its advice and consent to ratification of the

4 treaty.

5 (6) The President nevertheless has directed

6 that the executive branch adhere to the terms of the

7 lapsed ABM Treaty and to the terms of the new

8 Memorandum of Understanding Treaty.

9 (7) Adherence to the terms of those two treaties

10 has prevented the United States from fulfilling its

11 constitutional duty to ‘‘provide for the common de12 fense’’, as a result of which the American people are

13 not protected against even one long-range ballistic

14 missile, and no plans exist for any such protection

15 whatever until at least the year 2005.

16 (8) Adherence to those treaties has involved the

17 use of personnel and moneys of the United States to

18 foreclose, ‘‘de-scope’’, ‘‘dumb down’’, delay, reduce

19 the efficiency of, and increase the costs of, anti-mis20 sile programs of the United States.

21 SEC. 3. PROHIBITION ON COMPLIANCE WITH THE ABM

22 TREATY OR THE MEMORANDUM OF UNDER23 STANDING TREATY.

24 (a) PROHIBITION.—No funds appropriated or other25 wise made available to any entity of the executive branch
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1 may be used, directly or indirectly, and no officer or em2 ployee of the United States or member of the Armed

3 Forces may engage in any activity, directly or indirectly,

4 to—

5 (1) comply with the ABM Treaty or the Memo6 randum of Understanding Treaty;

7 (2) determine potential compliance of any sys8 tem, or component of any system, with the terms of

9 either such treaty; or

10 (3) otherwise act, by reason of the terms of ei11 ther such treaty, in a manner consistent with that

12 treaty.

13 (b) REGULATIONS, ETC., RELATING TO ABM COM14 PLIANCE.—All regulations, directives, and other policies of

15 the executive branch designed to achieve compliance with

16 the ABM Treaty Memorandum of Understanding Treaty,

17 or to ensure adherence to policies consistent with either

18 such treaty, by reason of the terms of that Treaty, are

19 hereby declared null and void.

20 SEC. 4. ABM TREATY AND MEMORANDUM OF UNDER21 STANDING TREATY DEFINED.

22 For purposes of this Act:

23 (1) ABM TREATY.—The term ‘‘ABM Treaty’’

24 means the Treaty Between the United States of

25 America and the Union of Soviet Socialist Republics
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1 on the Limitation of Anti-Ballistic Missile Systems,

2 signed at Moscow on May 26, 1972, and includes

3 any protocol to that Treaty and any statement or

4 understanding reached between the United States

5 and the Union of Soviet Socialist Republics with re6 spect to that Treaty.

7 (2) MEMORANDUM OF UNDERSTANDING TREA8 TY.—The term ‘‘Memorandum of Understanding

9 Treaty’’ means the memorandum of understanding

10 entered into in New York City in 1997 between the

11 United States and Russia, Belarus, Ukraine, and

12 Kazakhstan.

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