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 multilat-
eral Memorandum of Understanding related to that trea-
ty.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Freedom From Mutu-
ally Assured Destruction Act of 1999’’.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States is threatened by ballistic
missiles from a growing number of countries.
(2) The United States does not now possess the
capacity to prevent any ballistic missile from reach-
ing United States soil or to intercept any but a few
of the crudest of ballistic missiles from destroying
United States forces and allies abroad, while numer-
ous potential adversaries are acquiring missiles of
great range and sophistication.
(3) The Anti-Ballistic Missile Treaty of 1972
committed the United States to refrain from defend-
ing its territory against ballistic missiles, to refrain
from establishing the base for an antimissile defense,
and to refrain from transferring to allies the means
for them to defend their nations against ballistic
missiles.
(4) The disappearance of the Soviet Union on
December 25, 1991, eliminated the only other signa-
tory to the ABM Treaty, rendering it no longer le-
gally binding under international law.
(5) In 1997, the President demonstrated aware-
ness of that treaty’s legal demise by negotiating a
new treaty, designated as a Memorandum of Under-
standing, with Russia, Belarus, Ukraine, and
Kazakhstan. That new treaty, not having been sub-
mitted by the President to the Senate for its consid-
eration, is not in force since the Senate has not
given its advice and consent to ratification of the
treaty.
(6) The President nevertheless has directed
that the executive branch adhere to the terms of the
lapsed ABM Treaty and to the terms of the new
Memorandum of Understanding Treaty.
(7) Adherence to the terms of those two treaties
has prevented the United States from fulfilling its
constitutional duty to ‘‘provide for the common de-
fense’’, as a result of which the American people are
not protected against even one long-range ballistic
missile, and no plans exist for any such protection
whatever until at least the year 2005.
(8) Adherence to those treaties has involved the
use of personnel and moneys of the United States to
foreclose, ‘‘de-scope’’, ‘‘dumb down’’, delay, reduce
the efficiency of, and increase the costs of, anti-mis-
sile programs of the United States.
SEC. 3. PROHIBITION ON COMPLIANCE WITH THE ABM
TREATY OR THE MEMORANDUM OF UNDER-
STANDING TREATY.
(a) PROHIBITION.—No funds appropriated or other-
wise made available to any entity of the executive branch
may be used, directly or indirectly, and no officer or em-
ployee of the United States or member of the Armed
Forces may engage in any activity, directly or indirectly,
to—
(1) comply with the ABM Treaty or the Memo-
randum of Understanding Treaty;
(2) determine potential compliance of any sys-
tem, or component of any system, with the terms of
either such treaty; or
(3) otherwise act, by reason of the terms of ei-
ther such treaty, in a manner consistent with that
treaty.
(b) REGULATIONS, ETC., RELATING TO ABM COM-
PLIANCE.—All regulations, directives, and other policies of
the executive branch designed to achieve compliance with
the ABM Treaty Memorandum of Understanding Treaty,
or to ensure adherence to policies consistent with either
such treaty, by reason of the terms of that Treaty, are
hereby declared null and void.
SEC. 4. ABM TREATY AND MEMORANDUM OF UNDER-
STANDING TREATY DEFINED.
For purposes of this Act:
(1) ABM TREATY.—The term ‘‘ABM Treaty’’
means the Treaty Between the United States of
America and the Union of Soviet Socialist Republics
on the Limitation of Anti-Ballistic Missile Systems,
signed at Moscow on May 26, 1972, and includes
any protocol to that Treaty and any statement or
understanding reached between the United States
and the Union of Soviet Socialist Republics with re-
spect to that Treaty.
(2) MEMORANDUM OF UNDERSTANDING TREA-
TY.—The term ‘‘Memorandum of Understanding
Treaty’’ means the memorandum of understanding
entered into in New York City in 1997 between the
United States and Russia, Belarus, Ukraine, and
Kazakhstan.
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