During the past decade, concerns about possible terrorist acts involving weapons of mass destruction (WMD) led Congress and the President to adopt a comprehensive counterterrorism plan focused on preventing a chemical, biological, or nuclear attack and enhancing domestic preparedness. The agency of choice for domestic consequence management has been the Department of Defense. Of the $1.4 billion appropriated in the FY 2000 budget specifically for WMD response, over half went to DOD. [1] Overreliance on the military for domestic WMD protection, however, may diminish the military's warfighting capability and holds the potential for infringement of individual rights. Presidential Decision Directive 39 (PDD-39), signed in 1995, and the Defense Against Weapons of Mass Destruction Act of 1996 are the cornerstones of the United States' WMD terrorism strategy. This strategy is divided into four elements: intelligence and warning; prevention and deterrence; crisis and consequence management; and acquisition of equipment and technology. While crisis management involves the criminal aspect of dealing with a WMD attack, consequence management (CM) involves treating victims of the attack, searching for survivors, ensuring the containment of victims who are infected or exposed, and cleaning up the attack area. A number of agencies are involved in domestic preparedness. The National Security Council is the interagency consequence management coordinator; the Justice Department, through the FBI, handles crisis management and is responsible for preventing an attack; the Federal Emergency Management Agency (FEMA) is responsible for consequence management after an attack; and first-responders include local municipalities and state governments. But DOD has been assigned a disproportionate amount of domestic consequence management responsibilities. This is due to the national security threat of WMD terrorism and the historical reliance on the military to solve complex domestic issues. The assumptions that led to PDD-39 and the Federal Response Plan may no longer be applicable, however, as new information and analysis draw differing conclusions on the threat of WMD terrorism. This article will discuss the Defense Department's role in domestic consequence management following a catastrophic terrorist attack. Catastrophic terrorism, weapons of mass destruction, and all refer to the use of nuclear, chemical, or biological agents to bring about a major disaster with death tolls of ten thousand or higher. [2] The scope of this article will be limited to the discussion of superterrorism and not include other types of terrorism, such as conventional terrorism or small-scale chemical or biological weapons (CBW) terrorism. Pan Am 103, Khobar Towers, and the East African embassy bombings were incidents of conventional terrorism, for example, and the Aum Shinrikyo's sarin attack in Tokyo was an example of small-scale CBW terrorism. While the threat is no less serious, the low probability and unique political circumstances of an incident of nuclear terrorism exclude such weapons from this discussion. [3] Bringing the Issue into Focus Four events of the 1990s significantly sharpened the nation's perception of chemical-biological warfare and catastrophic terrorism. First, Saddam Hussein used his intermediate-range Scud missiles to demonstrate the paralyzing possibility of operating in a contaminated environment during the Persian Gulf War. Second, the World Trade Center bombing in 1993 demonstrated that foreign terrorists could not only operate on American soil, but could launch a chemical attack. [4] Third, the Oklahoma City bombing in 1995 proved that domestic terrorists could harm the nation. And fourth, the sarin gas attack in the Tokyo subway by the Aum Shinrikyo cult made chemical warfare a reality. The United States responded to the threat of terrorism, particularly superterrorism, when President Clinton signed PDD-39 in June 1995, PDD-62 in May 1998, and the 1997 National Defense Authorization Act. …