81. Letter From Secretary of Defense Weinberger to the President’s Assistant for National Security Affairs (McFarlane)1

Dear Bud:

Attached is the proposed revision to NSDD 1922 on the ABM Treaty that you and I have discussed. I will be glad to try to respond to any questions or points you may have in connection with it.

I do think it is important that we try to correct some of the various versions of the President’s decision that seem to be surfacing now.

With best wishes,

Sincerely,

Cap
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Attachment

Paper Prepared in the Department of Defense3

In NSDD–192 I gave further guidance with respect to the Strategic Defense Initiative (SDI) and the relationship between our obligations under the ABM Treaty of 1972 and the SDI program. I sought therein to make clear that (1) the ABM Treaty does not restrict the research, development or testing of ABM systems or components based on “other physical principles”; (2) that the Treaty itself and the record of negotiations, both of which have been carefully analyzed by government counsel from several executive branch departments, support this interpretation; and (3) that more restrictive interpretations of the ABM Treaty, whose validity had previously been argued, had never been accepted by the Soviet side during the ABM Treaty negotiations.

I also consider the question of Treaty interpretation to be irrelevant to the immediate issue of American compliance since the SDI program, as currently constituted, was made to conform to the earlier interpretation. Thus the U.S. SDI program, consisting of research, development and testing now funded and programmed, is fully consistent with both interpretations of the ABM Treaty including even the more restrictive interpretation which I do not accept as correct.

The issue has arisen as to which interpretation will be applied as the progress of the SDI program offers opportunities to advance toward a successful conclusion through development and testing activities prohibited by the restrictive, and no longer followed interpretation, but permitted under the less restrictive interpretation that government counsel have advised me is valid and proper.

Therefore I have concluded the following:

First, all presently planned activities will continue to be made to conform to the earlier and more restrictive interpretation of the ABM Treaty.

Second, future planning, short of actual programmatic activity, need conform only to the less restrictive interpretation identified in point (1) of paragraph one of this directive.

Third, programmatic activity pursuant to the above point, as distinct from planning for such activity, will be approved in future only upon the recommendation of the Secretary of Defense with my concurrence.

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The fundamental purpose of the SDI program remains the earliest practicable determination of whether advanced technologies ultimately can provide for us all freedom from attack by nuclear ballistic missiles.

  1. Source: Washington National Records Center, OSD Files: FRC 330–87–0008, Box 4, USSR 388.3 (Jul–Oct) 1985. Secret.
  2. See Document 76.
  3. Secret.