Chemical and Biological Warfare; Geneva Protocol; Biological Weapons Convention
199. Memorandum From Secretary of Defense Laird to President Nixon
Laird responded to Kissinger’s June 15 memorandum with a complete outline of the Defense Department’s recommendations on the destruction of biological weapons and the transfer of biological weapons facilities.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 311, Subject Files, Chemical, Biological Warfare (Toxins, etc) Vol. II. Secret. Kissinger initialed the memorandum next to the subject line
200. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to President Nixon
Kissinger recommended prompt submission of the Geneva Protocol to the Senate and a meeting with key Senators.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 311, Subject Files, Chemical, Biological Warfare (Toxins, etc) Vol. II. Secret. Sent for action. The President initialed his approval on August 4.
201. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to Secretary of State Rogers
Kissinger notified Rogers of the President’s decisions regarding three Administration amendments to the Geneva Protocol prior to its submission to the Senate.
Source: National Archives, RG 59, Central Files 1970–1973, POL 27–10. Secret; Eyes Only. A copy was sent to Laird and Moorer.
202. National Security Decision Memorandum 78
U.S. forces were authorized to use riot control agents and chemical herbicides.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 363, Subject Files, NSDMs (51–96). Secret. A copy was sent to Moorer
203. Memorandum From the Executive Secretary of the Department of State (Eliot) to the President’s Assistant for National Security Affairs (Kissinger)
Eliot forwarded Rogers’ report on the Geneva Protocol. Included with it was the Presidential message that was to be submitted with the Protocol to the Senate for advice and consent.
Source: Washington National Records Center, Office of the Director, Subject Files of the Former Executive Director Office, December 1969–December 1970: FRC 383–98–4, Chemical Biological and Radiological Warfare (CBW), Laser Technology and U.S. Position on Toxins, August–December 1970. Secret. Drafted by C.I. Bevans. The attached Presidential message and Protocol are not published. For text of the message as submitted by the President on August 19, see the Public Papers: Nixon, 1970, pp. 677–678.
204. Telegram 129723 From the Department of State to the Embassy in the Soviet Union
The telegram reported on indications the Soviets might be interested in negotiating a treaty dealing solely with biological weapons.
Source: National Archives, RG 59, Central Files 1970–1973, DEF 18–3 Switz (GE). Secret; Exdis. Drafted by Malin (ACDA/IR); cleared by Perry (SOV); and approved by Day (ACDA/IR).
205. Memorandum for the Record
Assistant to the President for National Security Affairs Kissinger and his staff discussed Senator Fulbright’s proposal for a “uniform interpretation” of the Geneva Protocol with regard to tear gas and herbicides.
Source: Library of Congress, Manuscript Division, Kissinger Papers, Box CL 314, National Security Council (Classified), 1969–77, Meetings, Staff, 1969–71. Secret. Prepared by Davis on August 19.
206. Memorandum for the Record
The memorandum provided a record of the President’s meeting with select Senate bipartisan leaders on the upcoming submission of the Geneva Protocol to the Senate for ratification.
Source: National Archives, Nixon Presidential Materials, Box 82, White House Special Files, President’s Office Files 1969–74, Memoranda for the President, Beginning 8/16/70. No classification marking. Prepared by BeLieu on August 19. An attached list of signatories to the Protocol is not published.
207. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to President Nixon
Kissinger apprised the President of the status of DOD’s plan to destroy all U.S. biological and toxin agents and attached memoranda to Secretary of Defense Laird and Chairman of the Council on Environmental Equality Russell Train requesting environmental impact statements and policy regarding the destruction of such agents.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 311, Subject Files, Chemical, Biological Warfare (Toxins, etc) Vol. II. Secret. Sent for information. Written at the top of page one is “copy to John Whitaker & Ken Cole.”
208. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to President Nixon
Kissinger recommended the President approve a memorandum to Laird authorizing him to proceed with the Defense Department’s plans for the destruction of biological and toxin agents.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 311, Subject Files, Chemical, Biological Warfare (Toxins, etc) Vol. III. Secret. Sent for action. A handwritten notation on page two indicates that Kissinger approved the memorandum for the President. It was sent to Laird on December 15. (Ibid.) The attachments at Tabs A, B, C, H, and I are not published. NSDMs 35 and 44 (at Tab G) are Documents 165 and 190; [11/25/69; 2/20/70] Laird’s July 6 memorandum and the inventory of weapons (at Tabs E and F) are Document 199 and its attachment; and Kissinger’s memorandum at Tab D is an attachment to Document 207. [9/14]
209. Letter From the Deputy Secretary of Defense (Packard) to the President’s Assistant for National Security Affairs (Kissinger)
Packard notified Kissinger that all of the requirements outlined his December 15, 1970 memorandum concerning the plan for destruction of biological agents and weapons had been met.
Source: Ford Library, Melvin Laird Papers, Box 39, Chemical Warfare & Biological Research, Vol. III, Jan. 1971–July 1972, Calendar (1). No classification marking.
210. National Security Study Memorandum 112
The President directed a study of policy options with regard to the use of riot control agents and chemical herbicides in post-Vietnam warfare, the environmental effect of that use, and of any relevant international or Congressional considerations related to those topics.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 365, Subject Files, NSSMs (104–206). Secret; Eyes Only. A copy was sent to Moorer. In an April 23, 1971, memorandum, Kissinger notified recipients of NSSM 112 that the due date for the NSSM study had been extended to October 15, 1971. (National Archives, RG 59, Central Files 1970–1973, POL 27–10 VIET)
211. Memorandum From the Director of the Bureau of Politico-Military Affairs, Department of State (Spiers) to Secretary of State Rogers
Spiers advised that Rogers seek a Presidential decision to phase out the use of chemical herbicides in Vietnam prior to his upcoming appearance before the Senate Foreign Relations Committee on the General Protocol.
Source: National Archives, RG 59, Central Files 1970–1973, Top Secret, POL 27–10 VIETS. Top Secret; Exdis. Drafted by Pickering of PM. Sent through S/S. The memoranda at Tabs C and D are published but not the press release at Tab D. At Tab A is Document 212. A revised version of the memorandum at Tab B is Document 214.
212. Letter From Secretary of State Rogers to Secretary of Defense Laird
Rogers requested Laird’s support in recommending to the President that the U.S. immediately cease the use of chemical herbicides in Vietnam.
Source: National Archives, RG 59, Central Files 1970–1973, POL 27–10 VIETS. Top Secret; Exdis. The attachment is Document 214. In a February 3 memorandum, Eliot notified Laird’s aide, General Pursley, that Rogers planned to forward his memorandum to the President on or about February 10, not February 1 as Rogers’ letter erroneously stated. (Ibid.)
213. Memorandum From the Chairman of the National Security Council Under Secretaries Committee (Irwin) to President Nixon
In forwarding the first Annual Review of the U.S. chemical and biological research program, Irwin summarized its most important recommendations and discussed several issues raised in the review that had been resolved.
Source: Washington National Records Center, ACDA Central Depository of Top Secret Documents Covering the Period of July 1955–April 1983: FRC 383–98–162, NSC Under Secretaries Committee, Annual Review of U.S. Chemical Warfare and Biological Research Programs, February 1971. Top Secret. The attached Annual Review is not published.
214. Memorandum From Secretary of State Rogers to President Nixon
Rogers discussed the possibilities for the Senate ratification of the Geneva Protocol and, in light of his upcoming testimony in front of the Senate Foreign Relations Committee, asked the President to order an immediate phase out of the use of chemical herbicides in Vietnam.
Source: National Archives, RG 59, Central Files 1970–1973, Top Secret, POL 27–10. Top Secret; Exdis. In a February 11 memorandum, Eliot informed Rogers that DOD did not concur with an immediate phase-out of defoliants in Vietnam and Rogers’ memorandum to the President had been revised to reflect that fact. (Ibid.)
215. Memorandum From Secretary of Defense Laird to President Nixon
Given the recent restrictions on the use of chemical herbicides in Vietnam and the possible compromise of U.S. military authority, Laird did not concur with Secretary of State Rogers’ request for an immediate phase out, Instead, Laird recommended leaving further action to accelerate the phase out imposed by the Geneva Protocol to those military authorities directly effected by the decision.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 312, Subject Files, Chemical, Biological Warfare (Toxins, etc.), Vol. III. Secret.
216. Message From President Nixon to the Conference of the Committee on Disarmament
The President urged an agreement prohibiting the development, production, and stockpiling of biological weapons.
Source: Documents on Disarmament, 1971, pp. 19–21. No classification marking.
217. Memorandum From Michael Guhin of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)
Guhin informed Kissinger that Secretary of State Rogers had withdrawn his request to the President that the U.S. cease the immediate use of chemical herbicides in Vietnam.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 312, Subject Files, Chemical, Biological Warfare (Toxins, etc.), Vol. III. Secret; Nodis. Sent for information. Sent through Behr. Kissinger wrote on the memorandum, “OBE” (Overtaken By Events) and “(Put into personal file).” Attached is Document 214.
218. Letter From the Assistant Secretary of Defense for International Security Affairs (Nutter) to Senator J. William Fulbright
Nutter explained the rescheduling of his appearance before Senator Fulbright’s Foreign Relations Committee to testify on the Geneva Protocol.
Source: Washington National Records Center, OSD Files: FRC 330–76–197, 370.64 CBR (Feb–Mar). No classification marking. Written at the bottom is, “Dick, “Capen has talked to Sen. Sparkman and Sen Aiken. They were not upset in the first place. This is a ‘non-issue’ contrived by Sen. Fulbright’s staff. REP [Robert E. Pursley].” A stamped notation on the memorandum indicated the Secretary of Defense saw it March 22.
219. Memorandum From Richard Kennedy of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)
Kennedy highlighted the problems associated with the appointment of Assistant Secretary of Defense for International Security Nutter to testify in front of the Senate Foreign Relations Committee on the Geneva Protocol. Scheduling conflicts had prevented Nutter from testifying certain days and gave the Committee the impression that the Defense Department did not support ratification. If the Administration truly wanted ratification, the President needed to appoint a higher level DOD representative.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 312, Subject Files, Chemical, Biological Warfare (Toxins, etc.), Vol. IV [Part 1]. No classification marking. The attachments are not published. Kissinger wrote on the memorandum, “Talk to Pursley—that we want higher level representative.” In a March 20 note, Kennedy wrote at the bottom of the memorandum, “Dave—Adm Murphy advised that both Secretary Laird & Mr. Packard were already committed to appearances with the Hill on the 22nd. I informed Ted Curran that DOD had been urged to provide higher level representation but was unable to do so—for the delay in appearing would affront the Committee. Curran noted that he would make a note for the file to this effect and assume the matter was put to rest.” A note adjacent to “(Tab A)” in line one of the memorandum reads, “—destroyed—telcon of 3/17/71, jlj.”
220. National Security Council Under Secretaries Committee Decision Memorandum 58A
The President directed that the study of ecological and physiological effects of the use of herbicides in Vietnam give due consideration to the question of restoration and future use of the sprayed areas.
Source: National Archives, RG 59, Central Files 1970–1973, POL 27–10. Secret.
221. Draft Convention Submitted to the Conference of the Committee on Disarmament by the Soviet Representative
The draft convention prohibited the development, production, and stockpiling of biological weapons and toxins.
Source: Documents on Disarmament, 1971, pp. 190–194. No classification marking.
222. Memorandum From Michael Guhin of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)
Guhin commented that the Soviet draft convention on biological weapons submitted to the Conference of the Committee on Disarmament that morning. This draft indicated a substantial shift toward the U.S. position and Guhin noted the Soviet position hinged on the U.S. ratification of the Geneva Protocol.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 312, Subject Files, Chemical, Biological Warfare (Toxins, etc.) Vol. IV [Part 1]. Confidential. Sent for information. Sent through Behr (NSC). Kissinger initialed the memorandum. The attachment is not published; the text of the draft convention contained in the telegram is Document 231.
223. Memorandum From the Executive Secretary of the Department of State (Eliot) to the President’s Assistant for National Security Affairs (Kissinger)
Eliot reported that Chairman of the Senate Foreign Relations Committee Fulbright personally favored the ratification of the Geneva Protocol with the understanding that riot control agents and herbicides were covered by the Protocol’s prohibitions and noted the Foreign Relations Committee generally concurred.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 312, Subject Files, Chemical, Biological Warfare (Toxins, etc.), Vol. IV. Secret; Exdis.
224. Telegram 1259 From the Mission in Geneva to the Department of State
The telegram reported on an informal meeting between the U.S. and Soviet delegations on the Soviet draft Biological Weapons Convention.
Source: National Archives, RG 59, Central Files 1970–1973, DEF 18. Confidential; Priority. It was repeated to London, Moscow, USNATO, USUN, and USDel SALT.
225. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to President Nixon
Kissinger briefed the President on the Soviet draft convention prohibiting biological weapons and summarized the main points of an attached memorandum from Rogers on the subject.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 312, Subject Files, Chemical, Biological Warfare (Toxins, etc.), Vol. IV [Part I]. Confidential. Sent for information. A stamped notation on the memorandum indicated the President saw it. The instructions at Tab C were transmitted in Document 226.
226. Telegram 72644 From the Department of State to the Mission in Geneva
The telegram transmitted the U.S. response to the Soviet draft convention banning the production and stockpile of biological weapons that had been discussed at the March 30 Conference of the Committee on Disarmament. It also included instructions on the negotiating strategy for a possible biological weapons convention.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 312, Subject Files, Chemical, Biological Warfare (Toxins, etc.), Vol. IV [Part I]. Confidential; Priority. It was repeated to USNATO, Moscow, USUN, USDel SALT, and London. Drafted by McCormack (ACDA/IR); cleared by Farley (ACDA), Pickering (PM), Anderson (DOD/ISA), DE PALMA (IO), Rhinelander (L), and Kissinger; and approved by Rogers.
227. Telegram 72645 From the Department of State to the Mission in Geneva
The telegram transmitted the revised draft text of the Biological Weapons Convention.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 312, Subject Files, Chemical, Biological Warfare (Toxins, etc.), Vol. IV [Part I]. Confidential. It was repeated to USNATO, Moscow, USUN, USDel SALT IV, and London. Drafted by McCormack and Neidle (ACDA/IR); cleared by Farley (ACDA), Pickering (PM), Anderson (DOD/ISA), De Palma (IO), Rhinelander (L), and Kissinger; and approved by Rogers.
228. Telegram 78171 From the Department of State to the Mission in Geneva
The telegram reported on changes to the U.S. draft Biological Weapons Convention resulting from a May 4 meeting with British Minister Millard and Embassy Officer Middleton.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 312, Subject Files, Chemical, Biological Warfare (Toxins, etc.), Vol. IV [Part 2]. Confidential. It was repeated to London, USNATO, USUN, and USDel SALT IV. Drafted by McCormack and Neidle (ACDA/IR); paragraphs 7 and 8 were cleared in OSD/ISA, ACDA/GC, PM/DCA, IO/UNP, and L/PM, and, in substance, in the White House; and approved by Farley (ACDA). The proposed text in paragraph 7 was added to the text of Document 226 [4/28 telegram 72644] and sent as telegram 71873 to all NATO capitals on May 6, 1971. (Ibid., Box 312, Subject Files, Chemical, Biological Warfare (Toxins, etc.), Vol. IV [Part 2])