Foreign Relations of the United States, 1969–1976, Volume E–2, Documents on Arms Control and Nonproliferation, 1969–1972

207. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to President Nixon¹ ²

Washington, September 14, 1970

SUBJECT:

• Secretary Laird’s Recommended Plan for the Destruction of Biological and Toxin Agents

In your November and February memoranda on chemical and biological programs, you directed that all stockpiles of biological and toxin agents and munitions be destroyed and that the biological research program be confined to defensive purposes only. You also requested from Secretary Laird a plan to implement these decisions.

The Secretary has forwarded the description of his plan, and this memorandum informs you of the steps I have taken to insure that all relevant aspects of the plan are covered before we seek your approval for its implementation. At Tabs A and B are memoranda that I have sent to Secretary Laird and Russell Train, the Chairman of the Council on Environmental Quality, directing that the following be done before seeking your approval of the plan or any official public announcement relating to it:

• — submission by Secretary Laird of an Environmental Impact Statement to the Environmental Quality Council;
• — a report to your Environmental Quality Council on the environmental aspects of the plan; and
• — submission of the Department of Defense’s proposed public relations plan.

Once these reports are in hand your domestic advisers and I will come to you for your approval of Secretary Laird’s plan and the launching of briefings for appropriate Congressmen and Governors. I believe handling this issue in this fashion allows us to move forward on implementing your decisions while assuring that potentially troublesome aspects are fully considered before the plan is executed. While political problems should be greatly reduced because no transportation of these agents is involved, the subject obviously remains potentially controversial.

Tab A
Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to Secretary of Defense Laird

Washington, September 3, 1970

SUBJECT:

• National Security Decision Memoranda 35 and 44

The President has reviewed your memorandum of July 6, 1970, in which you report that a detailed plan for the destruction of all biological agents, toxins and associated weapons has been prepared and concurred in by the Office of Science and Technology, the Surgeon General of the United States Public Health Service, the Department of Agriculture and the Federal Water Quality Administration of the Department of Interior.

Prior to approving the execution of this plan or any official public announcement relating thereto, the President has directed that:

• — An Environmental Impact Statement be prepared and submitted to the Environmental Quality Council pursuant to the National Environmental Policy Act of 1969, with classified annexes as necessary;
• — The Environmental Quality Council report to him on the environmental aspects of the plan; and
• — The Department of Defense’s proposed public relations plan, to be used when the destruction plan is approved for execution, be submitted for his consideration.

Henry A. Kissinger

Tab B
Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to the Chairman of the Council on Environment Quality (Train)

Washington, September 3, 1970

SUBJECT:

• National Security Decision Memoranda 35 and 44

In National Security Decision Memoranda 35 (November 25, 1969) and 44 (February 14, 1970), the President directed that all stockpiles of biological agents, toxins and associated weapons be destroyed and that the biological research program be confined to defensive purposes only.

The President also requested a plan covering implementation of his decisions from the Secretary of Defense.

The Secretary of Defense has forwarded a report on the detailed plan for the destruction of all biological agents, toxins and associated weapons. This plan has been reviewed and concurred in by the Office of Science and Technology, the Surgeon General of the United States Public Health Service, the Department of Agriculture and the Federal Water Quality Administration of the Department of Interior.

Prior to approving the execution of this plan and any public announcement related thereto, the President has directed that the Department of Defense submit an Environmental Impact Statement pursuant to the National Environmental Policy Act of 1969, with classified annexes as necessary.

The President has further directed that the nature of this review be held closely and that your conclusions on the environmental aspects of this plan be forwarded for his consideration.

Henry A. Kissinger

1. 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.”
2. 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.