Chemical and Biological Warfare; Geneva Protocol; Biological Weapons Convention
169. Notes of Telephone Conversation Between the President’s Assistant for National Security Affairs (Kissinger) and Secretary of Defense Laird
Laird noted that there was no disagreement on labeling toxins as chemicals and told Kissinger it was essential to stop the ACDA people from discussing toxins.
Source: Library of Congress, Manuscript Division, Kissinger Papers, Box 361, Telephone Conversations, Chronological File, 9–16 December 1969. No classification marking.
170. Memorandum From Michael Guhin of the National Security Council Staff to the Assistant to the President for National Security Affairs (Kissinger)
Guhin briefed Kissinger on the toxins issue. Guhin included the definition of “toxin”, an outline of the current toxins program, and those arguments in favor and opposed to maintaining a complete toxin program. He concluded with a commentary on the ways in which the information given fit into the larger international discussion of the Geneva Conference and the UK Draft Convention.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 310, Subject Files, Chemical, Biological Warfare (Toxins, etc.) Vol. I. Top Secret; Nodis. Sent for information. A stamped notation on the memorandum indicates Kissinger saw it December 20. The memorandum was sent through Behr.
171. Notes of Telephone Conversation Between the President’s Assistant for National Security Affairs (Kissinger) and Secretary of Defense Laird
Kissinger and Laird engaged in a detailed discussed about the hearings in the House of Representatives concerning the toxins issue.
Source: Library of Congress, Manuscript Division, Kissinger Papers, Box 361, Telephone Conversations, Chronological File, 17–31 December 1969. No classification marking.
172. Memorandum From Michael Guhin of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)
Guhin forwarded a draft NSSM indicating the President authorized a study and review, to be conducted by the Interdepartmental Political-Military Group, of current U.S. programs and policies on toxins. Given that the Joint Chiefs, and the Departments of State and Defense, had already undertaken steps to comply with the request for information, Guhin noted there should be no difficulty complying with the January 9 deadline.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H–168, NSSM 85. Secret. Sent for action. The memorandum was sent through Behr. At Tab A is a draft of Document 173. At Tab B is Document 170. At Tab C is a document (not published) in the margin of which Kissinger wrote that a NSSM should be issued for the following reasons: “Laird’s sensitivity;” it was “a policy & not an operational issue;” the President should “get credit.”
173. National Security Study Memorandum 85
The President informed the Secretaries of State and Defense, and the Directors of Arms Control and the Office of Science and Technology that, in compliance with NSSM 59, he had directed the preparation of a study on all aspects of U.S. policy and programs with respect to toxins. The report was due January 16.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 365, Subject Files, NSSMs (43–103.) Secret. A copy was sent to Helms and Wheeler.
174. Memorandum From Michael Guhin of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)
Guhin briefed Kissinger on the status of the Geneva Protocol package, explaining that a Presidential decision was needed on three contentious issues before the Protocol package could be completed: the use of riot control agents and herbicides; issuing a separate NSDM for these two agents; and the U.S. right to retaliate with CBW.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 310, Subject Files, Chemical, Biological Warfare (Toxins, etc.) Vol. I. Secret. Sent for information. Sent through Behr (NSC). Haig initialed the memorandum. Kissinger wrote on the first page, “Where is the Geneva Protocol package? When can we move it?”
175. Telegram 122 From the Mission to the United Nations to the Department of State
Yost advised that a decision not to ban the use of toxins, or to allow for their continued manufacture, would be seen as a retreat from the President’s position announced November 25 by members of the United Nations.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 296, Agency Files, U.S.U.N. Vol. II, 1 Aug 69–31 Jan 70–. Confidential; Limdis. It was repeated to the White House
176. Minutes of a National Security Council Review Group Meeting
The Review Group met to consider the draft NSSM 85 study on U.S. toxin policy. The group agreed to make some substantive changes to Part II but did not render any policy decisions.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H–111, Meeting Minutes, SRG Minutes Originals 1970. Secret. This meeting was held in the White House Situation Room. The response to NSSM 85 is Document 177.
177. Report Prepared by the Interdepartmental Political-Military Group
Prepared in response to NSSM 85, this two part analysis of U.S. policies, programs, and operational concepts, with respect to toxins, provided a detailed discussion of IS and foreign production capabilities, those existing research programs investigating chemical and biological agents, and the possibly utility of toxins by the U.S. military. It then outlined the ways in which the international community dealt with the issue of toxins in the 1907 Hague Convention, the 1925 Geneva Protocol, and the UK Draft Convention. Part II was devoted to a close examination of the U.S. policies, programs, and preparedness surrounding possible chemical warfare in light of the international agreements.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H–26, NSC Meeting 2/11/70, Policy on Toxins. Secret. The report was submitted to the NSC by the IPMG on January 21 and revised following the Review Group meeting on January 29.
178. Memorandum From the Assistant Secretary of Defense for International Security Affairs (Nutter) to the Deputy Secretary of Defense (Packard)
Nutter discussed the drafting of a joint memorandum to the President on the recent U.S. ratification of the Geneva Protocol. Before the memorandum would be sent to the President, Secretary of Defense Laird wanted the issues raised by the memorandum considered by the Under Secretaries Committee.
Source: Ford Library, Melvin Laird Papers, Box 38, Chemical Warfare & Biological Research, Vol. II, Jan–Dec. 1970, Calendar (1). Secret. The draft memorandum at Tab A is not published. The attachment at Tab B, signed by Packard, is Document 179.
179. Letter From the Deputy Secretary of Defense (Packard) to Acting Secretary of State Richardson
Packard requested an Under Secretaries Committee meeting to review the draft memorandum on the Geneva Protocol.
Source: Ford Library, Melvin Laird Papers, Box 38, Chemical Warfare & Biological Research, Vol. II, Jan–Dec. 1970, Calendar (1). Confidential
180. Memorandum From Michael Guhin of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)
Guhin updated Kissinger on the status of the Geneva Protocol package. Per Secretary of Defense Laird’s request, the joint memorandum prepared by Departments of State and Defense had been sent to the Under Secretaries Committee for review. Guhin noted the next meeting would take place on February 12. He then commented on the necessity of expediting the ratification of the Geneva Protocol or risk criticism from the President’s political opponents.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 338, Subject Files, HAK/Richardson Meetings, January 1970– March 1970. Secret. Sent for action. Sent through Behr (NSC). Document 175 and its attachment include Tabs A and B. The document at Tab C is not published. Kissinger wrote at the top of page one, “Discuss with Richardson to-morrow.” Guhin’s memorandum is attached to a January 6 memorandum by Haig, according to which Kissinger discussed the issue with Richardson on the 6 and both agreed to have the Under Secretaries Committee meet “at an early date.”
181. Memorandum From Michael Guhin of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)
The memorandum lists the main points of a CIA report on commercial toxin production in the U.S.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 310, Subject Files, Chemical, Biological Warfare (Toxins, etc.) Vol. I. Secret. Sent for information. Sent through Behr (NSC). None of the attachments are published
182. Memorandum From the Director of the U.S. Information Agency (Shakespeare) to the President’s Assistant for National Security Affairs (Kissinger)
Shakespeare commented on the NSSM 85 report on toxin policy. He emphasized the importance of maintaining the credibility of the President’s November 25 renunciation of biological weapons, for fear it could potentially damage his reputation domestically and internationally. Then outlined those points in the study he believed would be helpful in maintaining that credibility.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H–26, NSC Meeting 2/11/70, Policy on Toxins. Secret. The attachment is not published.
183. Memorandum From the Director of the Arms Control and Disarmament Agency (Smith) to the President’s Assistant for National Security Affairs (Kissinger)
Smith recommended Option III in the NSSM 85 report on toxin policy, renouncing the use of toxins and confining development to defensive purposes. Smith argued the other two options could incur potentially high political costs by undermining the President’s November 25 announcement and that the prohibition of synthesized toxins would not impede upon U.S. security interests enough to outweigh the prospective damage to the U.S. reputation in the international community.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H–26, NSC Meeting 2/11/70, Policy on Toxins. Secret.
184. Memorandum From the President’s Science Adviser (DuBridge) to the President’s Assistant for National Security Affairs (Kissinger)
DuBridge recommended Option II in the NSSM 85 report on toxin policy, arguing it would be more favorably received in public forums than Option I and less restrictive of DOD’s future activities than Option III.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H–26, NSC Meeting 2/11/70, Policy on Toxins. Secret.
185. Memorandum From Acting Secretary of State Richardson to President Nixon
Richardson recommended Option III of NSSM 85. Richardson argued the political liabilities for maintaining an arsenal of toxic weaponry vastly outweighed the potential national security benefits of the other two Options.
Source: National Archives, RG 59, Central Files 1970–1973, POL 27–10. Secret
186. Memorandum From the Deputy General Counsel of the Arms Control and Disarmament Agency (Van Dorn) to the Director of the Arms Control and Disarmament Agency (Smith)
Van Dorn discussed the differences between State, the ACDA and DOD on three issues in the draft memorandum for the President on the Geneva Protocol.
Source: Washington National Records Center, Office of Director, Subject Files of the Former Executive Director Office, December 1969–December 1970: FRC 383–98–0004, Chemical Biological and Radiological Warfare (CBW), Laser Technology and U.S. Position on Toxins, February 1970. Secret. Drafted by Van Doren (ACDA/GC). The memorandum is an unsigned copy. The attachment is not published. No record of the Under Secretaries Committee meeting was found.
187. Memorandum From the Deputy Secretary of Defense (Packard) to the President’s Assistant for National Security Affairs (Kissinger)
Packard indicated that Secretary of Defense Laird favored Option II in the NSSM 85 report on toxin policy but did not believe it was urgent to announce U.S. policy on toxins in the immediate future. Packard then analyzed the differences which led to the JCS recommendation of Option I and the Department of Defense recommendation of Option II.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 310, Subject Files, Chemical, Biological Warfare (Toxins, etc.) Vol. I. Se
188. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to President Nixon
Kissinger outlined the three options on toxin policy, reviewed the agency recommendations, endorsed Option II, and attached a draft NSDM and draft public statement. The President approved Option III.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H–26, NSC Meeting 2/11/70, Policy on Toxins. Secret; Nodis. The President initialed his approval of the draft NSDM. Written above his approval is “OPTION III.” The President also initialed his approval of the draft public statement.
189. White House Press Release
The White House announced its new policy on toxins, renouncing the use of toxins in warfare and restricting all programs concerning toxins to defensive purposes only.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H–26, NSC Meeting 2/11/70, Policy on Toxins. No classification marking.
190. National Security Decision Memorandum 44
The NSDM listed the President’s decisions, in accordance with Option III of NSSM 85, on U.S. policy on toxins.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 363, Subject Files, NSDMs (1–50). Secret. A copy was sent to Wheeler
191. Memorandum From Michael Guhin of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)
Guhin briefed Kissinger on the three issues for Presidential decision prior to submitting the Geneva Protocol to the Senate. Noting that the U.S. use of herbicides in Southeast Asia would most likely come under the scrutiny of the U.S. Senate, Guhin introduced three possible options for informing the Senate of the Administration’s decision to interpret the Geneva Protocol as allowing for the use of tear gas and herbicides in war.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 310, Subject Files, Chemical, Biological Warfare (Toxins, etc.) Vol. I. Secret. Sent for action. Sent through Behr and Kennedy (NSC). Haig initialed the memorandum. At Tab A is a draft of Document 192.
192. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to President Nixon
Kissinger presented Nixon with the three options outlined by National Security Council member Michael Guhin in his February 25 memorandum and proposed taking Congressional soundings prior to making a final decision. Nixon approved but instructed Kissinger to resubmit the options in thirty days.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 311, Subject Files, Chemical, Biological Warfare (Toxins, etc.) Vol. II. Secret. Sent for action. Nixon checked “Approve” and wrote “But” next to his check. Below he wrote, “Delay all this for 30 days – ask me then – give no [“no” is underlined twice] reasons – Just say the matter is being prepared – The Senate isn’t ready to take it up anyway.”
193. Memorandum From Michael Guhin of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)
Guhin forwarded, and Kissinger approved, a memorandum to Secretary of Defense Laird requesting his recommendations on the destruction of biological weapons, future candidates for the Directorate of Biological Operations, and the transfer of biological weapons facilities.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Boxes H–212 and H–213, NSDM 35. Secret. Sent for action. Sent through Robert Behr (NSC). Kissinger wrote on the memorandum, “Doesn’t need Pres. Give Laird 2 weeks in memo.” Rather than forwarding the memorandum at Tab I to the President, Kissinger initialed approval for him. The memorandum to Laird at Tab A, revised to provide a two week deadline, is Document 195.
194. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to Secretary of Defense Laird
Kissinger asked Laird for Defense’s recommendations on the destruction of biological weapons and the transfer of biological weapons facilities.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Boxes H–212 and H–213, NSDM 35. Secret.
195. Memorandum for the Record
At an NSC operations staff meeting, Assistant to the President for National Security Affairs Kissinger asked Colonel Behr to redraft a staff paper on the ways in which Congressional testimony during the ratification hearings for the Geneva Protocol could be used to reserve the right to use tear gas and herbicides.
Source: Library of Congress, Manuscript Division, Kissinger Papers, Box CL 314, National Security Council, 1969–77, Staff Meetings 1969–1971. Secret. Prepared by Jeanne Davis.
196. Memorandum From Michael Guhin of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)
Guhin forwarded two versions of a memorandum for the President requesting his decision on how to proceed on ratifying the Geneva Protocol while reserving the right to use tear gas and herbicides.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 311, Subject Files, Chemical, Biological Warfare (Toxins, etc) Vol. II. Secret; Sensitive. Sent for action. The memorandum was sent through Behr and Kennedy. The attachments are not published.
197. Memorandum From Michael Guhin of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)
Guhin reviewed recent Congressional comments in response to the delay in submitting the Geneva Protocol for ratification, discussed options for submitting it during the summer, and attached a letter from Senator Fulbright.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 311, Subject Files, Chemical, Biological Warfare (Toxins, etc) Vol. II. Confidential. Sent for information. The memorandum was sent through Behr. A handwritten notation on the top, right hand corner of the memorandum states, “Action.” Kissinger wrote at the top of page one, “Pres. has answered memo – Now how about timing?” Following the last sentence on page two is written, “Behr/Guhin now working on this.”
198. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to President Nixon
Kissinger forwarded an interagency decision memorandum for the President, along with his own analyses and recommendations, asking inter alia how the administration should reserve the right to use tear gas and herbicide when it submits the Geneva Protocol to the Senate.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 311, Subject Files, Chemical, Biological Warfare (Toxins, etc) Vol. II. Secret; Sensitive. Sent for action. The President initialed his approval of all of Kissinger’s recommendations. At Tab D is Document 192. At Tab E is an attachment to Document 197. At Tab A is a draft of Document 201. At Tab B is a draft of Document 202.