This letter is in response to Section 379 of Public Law 104-106, Title III. Required is a joint report from the Department of Defense (DOD) and the Department of Energy (DOE) in consultation with the Federal Emergency Management Agency (FEMA) on domestic military and civil defense plans and programs of DOD to respond to the criminal use of weapons of mass destruction for terrorism.

Enclosed is the required "Joint Report to the Congress." It has been well coordinated, and represents the most current information on the Federal Government's capabilities in Consequence Management. The report is "Unclassified."

Executive Summary

This "Joint Report to Congress" reflects current unclassified, post-event Consequence Management plans and capabilities. It is provided by the Department of Defense (DOD) and the Department of Energy (DOE) as requested by Public Law 104106, Title III, Section 379. The report was developed in coordination with the Federal Emergency Management Agency (FEMA), as well as, many components of DOE and DOD. While this report focuses on Consequence Management (i.e. managing the consequences of the detonation of a weapon of mass destruction (WMD)), the Federal Government response to a domestic terrorist incident involving a nuclear, biological, or chemical (NBC) device might begin with Crisis Management (i.e. efforts to prevent or resolve a terrorist incident). The details of the Federal Government's capability for domestic Crisis Management response are only covered in general terms in this report for security reasons. However, it is absolutely essential that the Federal Government response to a terrorist WMD incident synergize the actions of both Crisis Management and Consequence Management in order to meet the entire spectrum of the threat. Additionally, there are times when both Crisis Management and Consequence Management operations will be taking place concurrently.

The investigation that has gone into this report has revealed the following facts:

The Federal Government has had in existence since the early 1980s extensive plans, procedures, and structure to respond to non-NBC terrorist incidents either overseas or domestically. We have developed a very comprehensive crisis response mechanism to terrorist incidents which has worked extremely well. Over four years ago, the interagency counterterrorism community began an in-depth review of terrorists using WMD: nuclear, chemical, and biological. The initial effort focused on crisis management of such incidents. Approximately eighteen months ago, the interagency community increased emphasis on dealing with consequence management aspects of WMD terrorist attacks. This second effort developed because it became increasingly clear that efforts in Crisis Management could swiftly transition into Consequence Management. These interagency counterterrorism community review efforts have led to major improvements in the capability of the Federal Government to respond to terrorists use of WMD.

First, there has been a fundamental shift in the level of Federal involvement and decision-making authority during a WMD domestic terrorist incident. In previous years, the Department of Justice, through the FBI, would lead the federal response during crisis management. Decision-making authority was often delegated down to the FBI Senior Agent In-Charge (SAC) on scene at the incident site. Due to the mass casualties, physical damage, and potential for civil disorder resulting from a WMD detonation, it was determined that Federal decision-making authority must now reside in Washington. Decisions on such incidents will be coordinated between Washington, State, and local officials whenever possible. Simply stated, a terrorist use or potential use of a WMD is considered a vital threat to the national security of the United States.

Next, as a result of the Oklahoma City bombing, many federal agencies have raised the priority of improving their response capabilities, streamlined response procedures, and have ensured that senior leadership will be involved in any WMD incident. A good example of this is DOD's Secretary of Defense review of “Military Assistance to Civil Authorities" completed in December of 1995. This review ensures that the Secretary of Defense personally overseas DOD responses to acts of terrorism both domestic and overseas. The SECDEF will be assisted in response to a domestic terrorist incident by both the Chairman of the Joint Chiefs of Staff, who will assist in managing the DOD operational response, and the Secretary of the Army, who is the Executive Agent for civil emergencies, and provides domestic civil assistance through the Army's Director of Military Assistance (DOMS).

Finally, the interagency community found that including Consequence

Management experts at the very beginning of a Crisis Management response was absolutely essential for minimizing casualties, reducing public panic, and ensuring a rapid Federal response to State and local officials. The interagency counterterrorism community has also taken steps to include senior policy decision-makers for Consequence Management in their Washington deliberations on Crisis Management.

DOD, DOE, and FEMA currently have plans in-place to respond to most natural and man-made domestic civil emergencies. However, a potential NBC terrorist attack presents unique challenges. Due to the emerging threat of NBC terrorism, FEMA is presently coordinating the development of an annex to the Federal Response Plan (FRP) dealing specifically with response to NBC terrorist attack emergencies. FEMA is also writing and coordinating a "Report to the President" on the adequacy of the FRP to respond to NBC terrorism incidents. This is part of a Presidential call for an overall indepth assessment of the capabilities of the federal response community to deal with the consequences of WMDs.

DOD, DOE, and the other Federal Agencies currently have some very highly trained, and well equipped teams that would be available for Consequence Management in case of a domestic NBC disaster. However, many of the Federal teams cited for Consequence Management are also employed in Crisis Management. This report details the excellent capabilities of many of the Consequence Management organizations found in DOD, DOE, and elsewhere. An example are DOE's Radiological Assistance Program's (RAP) teams who provide training to state and local authorities.

As compared to the potential threat, however, professional NBC response personnel are relatively few in number and the pieces of equipment necessary to provide adequate support to an NBC event are in some cases one of a kind. The Federal response community is hard at work increasing their capabilities, and revising plans to respond better to NBC incidents, but we have not yet achieved all that we can.