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

279. National Security Decision Memorandum 141¹

Washington, November 26, 1971.

TO

• The Secretary of State
• The Secretary of Defense

SUBJECT

• Herbicides in Vietnam

The President has reviewed your memoranda, respectively dated September 30 and August 9, 1971,² on the subject of Vietnamization of herbicide operations. The President has also reviewed the Acting Secretary of Defense’s memorandum of November 3³ regarding the use of herbicides by U.S. forces and the Secretary of State’s views as contained in his memorandum of November 18, 1971.⁴

The President has made the following decisions pending his review of the current Geneva Protocol⁵ and NSSM 112⁶ studies:

• —Beyond December 1, 1971, American Embassy Saigon and COMUSMACV shall have joint authority to use herbicides around U.S. bases and U.S. installations when considered essential for the protection of U.S. forces in those cases where other means are not available or satisfactory because of the presence of mines, booby traps or tactical wire. Use will continue to be restricted to these limited base and installation perimeter operations conducted only by helicopter or ground-based spray equipment under the same regulations as apply in the United States.
• —The U.S. will not take the initiative in any plans for the Vietnamization of herbicide capabilities or the provision of spray equipment and/or training and technical assistance. There should be no stimulation of the GVN to acquire or develop herbicide capabilities.
• —In the event the GVN requests assistance from COMUSMACV and American Embassy Saigon, the U.S. shall provide only that ground spray equipment determined necessary by COMUSMACV and American Embassy Saigon and presently available and not required for use by U.S. forces in Vietnam for the GVN to conduct limited herbicide operations for perimeters of fire bases and installations consistent with the guidelines established herein for U.S. operations. UC–123 aircraft, related spray systems and equipment, or helicopter spray systems will not be provided.
• —If any training or technical assistance is requested, the U.S. will limit such assistance to that necessary for the perimeter operations mentioned above.
• —There will be no commitment by the U.S. Government to supply additional stocks of herbicides to the GVN.⁷

Henry A. Kissinger

1. Source: Ford Library, Laird Papers, Box 39, Chemical Warfare & Biological Research, Vol. III. Secret. A copy was sent to the Chairman of the Joint Chiefs of Staff.
2. Neither found, but on August 9 Laird sent Rogers a letter stating: “The plan for Vietnamization of herbicide capabilities has become an issue that I feel can no longer be delayed. The departure from Vietnam of knowledgeable individuals in herbicide operations and the intense interest, public and congressional, generated by this question has prompted my action in this matter. As a result, I have decided to forward the plan to the President at this time.” (Washington National Records Center, OSD Files: FRC 330–76–197, Box 84, 387.64, Jul–Aug 1971)
3. In a November 3 memorandum to Nixon, Packard wrote that the U.S. military had tried several alternatives to the use of the herbicides Agent Blue and Agent White for vegetation control around mines, booby traps, and barbed wire, but none was adequate. He added, “Lives have been lost as a direct result of the lack of adequate defoliation around fire bases and installations.” As a result, he requested the authority to use herbicides for these purposes beyond the December 1 deadline stipulated in Kissinger’s August 18 memorandum to Laird and Rogers. (Ford Library, Laird Papers, Box 39, Chemical Warfare & Biological Research, Vol. III) Kissinger’s August 18 memorandum is Document 247.
4. Not found.
5. See footnote 4, Document 247.
6. See footnote 5, Document 247.
7. In a December 3 memorandum to Nixon, Laird asked for an amendment of the NSDM to allow the U.S. military to supply the GVN with 15 helicopter spray systems and additional stocks of herbicide if clearly needed. (National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H–229, NSDMs, NSDM 141)