256. Memorandum From Smith (S/P) to Herter1
SUBJECT
- Paragraph 13 of Basic National Security Policy (NSC 5906/1)
DISCUSSION:
Paragraph 13 of NSC 5906/1 is as follows:
“The United States will be prepared to use chemical and biological weapons to the extent that such use will enhance the military [Typeset Page 1071] effectiveness of the armed forces. The decision as to their use will be made by the President.”
At the time of the Planning Board’s last annual review of Basic National Security Policy, several questions were raised, principally at the instance of the Bureau of the Budget, about the validity of this policy guidance. In essence Budget’s concern was that research and development for BW and CW weapons is costing too much if the U.S. does not plan to use them, and that perhaps not enough of these weapons are being purchased if they represent a militarily effective addition to our weapons systems. The uncertainty about the U.S. position on BW–CW weapons, according to Budget, was at least partly attributable to Defense’s failure to report fully and accurately to Budget on its programs in this field. Submission of this issue to the Council was deferred to allow Defense an opportunity to provide necessary information.
[Facsimile Page 2]At the moment, except for the type of BW and CW agents available during World War II and Korea (including incendiary agents of the napalm type), plus some new more effective riot control agents, the U.S. has no substantial capability in being, although Defense scientists believe there is promise enough in these weapons systems to warrant further research and development.
As a result of Planning Board discussion, Budget now concurs in continuing present policy with the understanding that Defense will report adequately the status and implications of its current and projected programs and activities. Accordingly, a draft NSC action has been prepared (Tab B) which (1) continues present policy in effect, (2) calls for Defense to make certain reports, (3) reflects the feeling of certain Planning Board members that non-lethal BW–CW agents (e.g., nerve gas or other controlled temporary incapacitants) should be emphasized in research and development programs; and (4) notes the Planning Board’s agreement that an exception to the provision for Presidential approval in advance of use of BW–CW weapons should be made in certain cases.
The language of the draft NSC action is, however, not clear on this last subject (Tab B, para. c), and permits the interpretation that existing smoke and incendiary agents (e.g., napalm) may be used without the President’s prior approval in situations short of war including the suppression of civil disturbances. Such an interpretation was not intended, of course, and the record should be corrected. Accordingly, your concurrence in the proposed NSC action should contain a statement of your understanding of sub-paragraph c as set forth below. This matter has been discussed with Defense, and there seems to be no disagreement on the point.
The Department does not have detailed information on Defense plans or preparations for the possible use of chemical and biological weapons. We should, therefore, continue to seek such information and be alert to possible foreign policy implications and their bearing on [Typeset Page 1072] over-all national strategy, particularly in the light of the possibility that some non-lethal agents may have useful applications in limited military operations.
[Facsimile Page 3]Recommendation:
That you indicate concurrence on the voting slip attached at Tab A subject to the following interpretation of sub-paragraph c:
“Prior approval by the President is not necessary for the use by US 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.”
Attachments:
Tab A—Vote Slip
Tab B—Draft NSC Action
- Source: Discussion of paragraph 13 of NSC 5906/1 on chemical and biological weapons. Top Secret. 4 pp. NARA, RG 59, S/P–NSC Files: Lot 62 D 1.↩