Friday, 20 November 1987 Washington, DC

1. ADHERENCE TO THE "NARROW" INTERPRETATION OF THE ABM TREATY
may be one consequence of the retirement of Casper Weinberger as Secretary of Defense. An amendment to the Defense Authorization Bill to require Congressional approval of any Star Wars tests that would violate the traditional "narrow" interpretation of the ABM Treaty, was one of several arms control amendments that had prompted the threat of a Presidential veto (WN 18 Sep 87). On Tuesday, the House-Senate Conference on the long-delayed Bill became a melange au trois, with Frank Carlucci, Weinberger's replacement, representing the Administration. On this one, Carlucci gave away the store. He agreed to a face-saving "compromise" under which Congress would drop the ABM amendment in exchange for an agreement that the DOD would adhere to a previously announced testing schedule. That schedule involves no violations of the narrow interpretation in FY 88. Moreover, Carlucci agreed to make no acquisitions in preparation for such tests in the next fiscal year. This apparently ends any serious prospect of violating the narrow interpretation during the Reagan Administration, and avoids what Sen. Nunn (D-GA) warned would be a "constitutional confrontation of profound dimensions." Both houses must still act on the Conference Report.

The Senate ratified the ABM treaty in 1972 by a vote of 88-2, with the understanding that it bans the development and testing, as well as the deployment, of space-based ABM systems or components. Two years ago, however, Administration lawyers found in the language of the treaty an exception for tests involving "new physical principles." This exception had gone unnoticed for thirteen years and other experts still can't find it. The "broad interpretation" of the Treaty was needed by Weinberger for his plan to deploy a partial ballistic missile defense as early as 1993. It was reportedly Carlucci, as National Security Advisor, who twarted Weinberger's efforts to persuade the President to call for early deployment in his 1987 State of the Union address.

2 . FY 88 FUNDING FOR SDI WAS AUTHORIZED AT $3.9B
by the House-Senate Conference. This splits the difference between the House figure of $3.1B and the Senate's $4.5B, on the high side. Although far below the President's request of $5.9B, it still represents an 11% increase over last years $3.5B. This is only an authorization. In the ponderous budget process, there must still be an appropriation. The Budget Summit negotiations could further reduce SDI. A report issued by the Council of Economic Priorities contends that in FY 86, SDI accounted for 84% of the growth in the nation's research effort, public and private.

3. A RESTRICTION ON NUCLEAR TESTS TO LESS THAN 1 KILOTON,
contained in a House amendment to the Defense Authorization Bill, was dropped in Conference. The restriction would have applied only as long as the Soviets adhered to the same limitation.



Bob Park can be reached via email at whatsnew@bobpark.org
THE UNIVERSITY OF MARYLAND
Opinions are the author's and are not necessarily shared by the University, but they should be.