Foreign Relations of the United States, 1969–1976, Volume VII, Vietnam, July 1970–January 1972

97. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to President Nixon¹

Washington, undated.

SUBJECT

• Policy Regarding the Use of Herbicides in Vietnam and Public Release

Dr. David recently recommended (Tab F)² that we adopt a policy which would establish the same standards for the use of herbicides in Vietnam as are in effect in the United States.

Secretary Laird has written you (Tab C)³ stating that:

• —At your direction, actions have been taken to reduce the use of herbicides in Vietnam.
• —These steps have been taken so that there will be strict conformance in Vietnam with the policies governing the use of herbicides in the US.⁴
• —Should the military situation change as a result of an increase in the enemy level of activity, we would need to reassess this policy.
• —The ban on the herbicide known as Orange remains in effect. (You will recall that Mr. Packard temporarily banned the use of Orange in April of 1970, in conjunction with a selective ban on its use in the US, after scientific experiments established that a major component (2,4,5–T) of Orange caused fetal abnormalities in certain experimental animals.)

Secretary Laird also reports the decision and action of General Abrams and Ambassador Bunker (Tab D)⁵ to phase out both the crop destruction and defoliation programs when stocks on hand are consumed. Current stocks will support base perimeter defoliation and crop destruction operations until about May of 1971.

General Abrams and Ambassador Bunker intended no announcement of their decision to phase out these programs in order to preserve the option to reinstitute them if necessary in the future.

However, the essence of the Abrams-Bunker decision has already begun to leak in the field, though some reports are distorted. Furthermore, we will have to defend our herbicide policy and operations during the Senate hearings on the Geneva Protocol shortly after Congress reconvenes in January.

Also, Dr. David has recommended (Tab E)⁶ that a release announcing our position be issued very soon to make us less vulnerable to the criticism which will appear in the Herbicide Assessment Commission’s report to the annual meeting of the American Association for the Advancement of Science around December 27. Dr. David noted earlier (Tab F) that this criticism would have some basis in fact.

In light of Secretary Laird’s report to you and the decision of General Abrams and Ambassador Bunker to phase out all herbicide programs, I agree with Dr. David that we should attempt to establish more reasonable and “salable” policy guidelines.

I therefore recommend an announcement (Tab B)⁷ setting forth our position in the manner reported by Secretary Laird. This announcement is cast in the format of a report to you by the Secretary.

I also recommend that you approve a memorandum for Secretary Laird (Tab A)⁸ thanking him for his report to you on this matter and directing that any major changes or expansion of the current program be submitted for your approval.

Recommendation:

That you approve the memorandum for Secretary Laird (Tab A) and the proposed public release (Tab B) on our herbicide policy as reported by Secretary Laird.⁹

1. Source: National Archives, Nixon Presidential Materials, NSC Files, Box 151, Vietnam Country Files, Vietnam 1 Dec 70. Secret. Sent for information. According to an attached NSC correspondence profile, Kissinger received the memorandum on December 24 and returned it on December 28, having discussed it with the President.
2. Attached but not printed is Tab F, a November 20 memorandum from David to Kissinger.
3. Attached but not printed is Tab C, a December 22 memorandum from Laird to Nixon. Kissinger originally requested Laird’s and the JCS’s opinion of David’s proposal in a memorandum, December 10, which is also attached but not printed.
4. According to a December 24 covering memorandum by Guhin, there was an inconsistency in this point, because the military intended to continue using herbicides to destroy crops in Vietnam even though they were not registered for such use in the United States. Nutter informed Laird of this in a December 22 memorandum, but noted that some deviations from domestic practices were inescapable due to differences in vegetation. (Washington National Records Center, OSD Files: FRC 330–76–67, Viet 370.64 1970)
5. Attached but not printed is Tab D, a retyped copy of joint Embassy/MACV telegram 19374, undated.
6. Attached but not printed is Tab E, a note from David to Kissinger, December 18, with a draft press release dated December 17.
7. Not attached. On December 26, the White House announced the decision on herbicide use in Vietnam. (Public Papers: Nixon, 1970, p. 1198)
8. Attached but not printed is Tab A, a December 28 memorandum from Kissinger to Laird in which he noted that the President thanked him for his December 22 report, acknowledged that the phase-out program had begun, and directed that any extension or any expansion of the current program and plans regarding Vietnamization of chemical herbicide capabilities be submitted for presidential approval.
9. Kissinger initialed the Approve option for Nixon.