114. Editorial Note
On August 24, 1960, the National Security Council adopted NSC Action No. 2289, in which it:
- “a. Concurred in the recommendation of the NSC Planning Board that no change be made in paragraph 13 of NSC 5906/1.
- “b. Noted that the ‘preparation’ referred to in paragraph 13 of NSC 5906/1 includes the development of a military capability for the use of non-lethal BW–CW agents.
- “c. Noted that existing smoke and incendiary agents and agents of the riot control type may be used by U.S. military forces as appropriate in military operations, including the suppression of civil disturbances, without prior approval of the President.
- “d. Requested the Department of Defense to incorporate in its annual status report to the Council and the President the status and implications of current and projected programs and activities being carried out pursuant to the guidance of paragraph 13 of NSC 5906/1.”
The following paragraph is appended to NSC Action No. 2289:
“In concurring with the above action, the Secretary of State commented: ‘My concurrence is subject to this interpretation of sub-paragraph c: Prior approval by the President is not necessary for the use by U.S. military forces of (a) existing smoke and incendiary agents and riot control agents in appropriate military operations and (b) riot control agents in suppressing civil disturbances.’ The Secretary of Defense stated that the Secretary of State’s interpretation is acceptable to the Department of Defense.” (Department of State, S/S–NSC (Miscellaneous) Files: Lot 66 C 95, Records of Actions by the National Security Council) For NSC 5906/1, see Document 70.
In a July 13 memorandum to Herter, Smith set forth the background of NSC Action No. 2289. (Department of State, S/P–NSC Files: Lot 62 D 1, NSC 5906 Series) For text, see the Supplement.