[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2022 Introduced in House (IH)]







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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom From Mutually 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 reaching 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 numerous 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 defending 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 signatory to the ABM Treaty, 
        rendering it no longer legally binding under international law.
            (5) In 1997, the President demonstrated awareness of that 
        treaty's legal demise by negotiating a new treaty, designated 
        as a Memorandum of Understanding, with Russia, Belarus, 
        Ukraine, and Kazakhstan. That new treaty, not having been 
        submitted by the President to the Senate for its consideration, 
        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 defense'', 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-missile programs of the United 
        States.

SEC. 3. PROHIBITION ON COMPLIANCE WITH THE ABM TREATY OR THE MEMORANDUM 
              OF UNDERSTANDING TREATY.

    (a) Prohibition.--No funds appropriated or otherwise made available 
to any entity of the executive branch may be used, directly or 
indirectly, and no officer or employee 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 Memorandum of 
        Understanding Treaty;
            (2) determine potential compliance of any system, or 
        component of any system, with the terms of either such treaty; 
        or
            (3) otherwise act, by reason of the terms of either such 
        treaty, in a manner consistent with that treaty.
    (b) Regulations, Etc., Relating to ABM Compliance.--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 UNDERSTANDING 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 respect to that Treaty.
            (2) Memorandum of understanding treaty.--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.
                                 <all>