YOU NEED TO READ THIS! National Security and Homeland Security Presidential Directive

National Security and Homeland Security Presidential Directive

 

The White House, President George W. Bush

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For Immediate Release
Office of the Press
Secretary
May 9, 2007

National
Security and Homeland Security Presidential Directive

NATIONAL SECURITY PRESIDENTIAL DIRECTIVE/NSPD 51

HOMELAND SECURITY PRESIDENTIAL DIRECTIVE/HSPD-20

Subject: National Continuity Policy

Purpose

(1) This directive establishes a comprehensive national policy on the
continuity of Federal Government structures and operations and a single National
Continuity Coordinator responsible for coordinating the development and
implementation of Federal continuity policies. This policy establishes "National
Essential Functions," prescribes continuity requirements for all executive
departments and agencies, and provides guidance for State, local, territorial,
and tribal governments, and private sector organizations in order to ensure a
comprehensive and integrated national continuity program that will enhance the
credibility of our national security posture and enable a more rapid and
effective response to and recovery from a national emergency.

Definitions

(2) In this directive:

(a) "Category" refers to the categories of executive departments and agencies
listed in Annex A to this directive;

(b) "Catastrophic Emergency" means any incident, regardless of location, that
results in extraordinary levels of mass casualties, damage, or disruption
severely affecting the U.S. population, infrastructure, environment, economy, or
government functions;

(c) "Continuity of Government," or "COG," means a coordinated effort within
the Federal Government’s executive branch to ensure that National Essential
Functions continue to be performed during a Catastrophic Emergency;

(d) "Continuity of Operations," or "COOP," means an effort within individual
executive departments and agencies to ensure that Primary Mission-Essential
Functions continue to be performed during a wide range of emergencies, including
localized acts of nature, accidents, and technological or attack-related
emergencies;

(e) "Enduring Constitutional Government," or "ECG," means a cooperative
effort among the executive, legislative, and judicial branches of the Federal
Government, coordinated by the President, as a matter of comity with respect to
the legislative and judicial branches and with proper respect for the
constitutional separation of powers among the branches, to preserve the
constitutional framework under which the Nation is governed and the capability
of all three branches of government to execute constitutional responsibilities
and provide for orderly succession, appropriate transition of leadership, and
interoperability and support of the National Essential Functions during a
catastrophic emergency;

(f) "Executive Departments and Agencies" means the executive departments
enumerated in 5 U.S.C. 101, independent establishments as defined by 5 U.S.C.
104(1), Government corporations as defined by 5 U.S.C. 103(1), and the United
States Postal Service;

(g) "Government Functions" means the collective functions of the heads of
executive departments and agencies as defined by statute, regulation,
presidential direction, or other legal authority, and the functions of the
legislative and judicial branches;

(h) "National Essential Functions," or "NEFs," means that subset of
Government Functions that are necessary to lead and sustain the Nation during a
catastrophic emergency and that, therefore, must be supported through COOP and
COG capabilities; and

(i) "Primary Mission Essential Functions," or "PMEFs," means those Government
Functions that must be performed in order to support or implement the
performance of NEFs before, during, and in the aftermath of an emergency.

Policy

(3) It is the policy of the United States to maintain a comprehensive and
effective continuity capability composed of Continuity of Operations and
Continuity of Government programs in order to ensure the preservation of our
form of government under the Constitution and the continuing performance of
National Essential Functions under all conditions.

Implementation Actions

(4) Continuity requirements shall be incorporated into daily operations of
all executive departments and agencies. As a result of the asymmetric threat
environment, adequate warning of potential emergencies that could pose a
significant risk to the homeland might not be available, and therefore all
continuity planning shall be based on the assumption that no such warning will
be received. Emphasis will be placed upon geographic dispersion of leadership,
staff, and infrastructure in order to increase survivability and maintain
uninterrupted Government Functions. Risk management principles shall be applied
to ensure that appropriate operational readiness decisions are based on the
probability of an attack or other incident and its consequences.

(5) The following NEFs are the foundation for all continuity programs and
capabilities and represent the overarching responsibilities of the Federal
Government to lead and sustain the Nation during a crisis, and therefore
sustaining the following NEFs shall be the primary focus of the Federal
Government leadership during and in the aftermath of an emergency that adversely
affects the performance of Government Functions:

(a) Ensuring the continued functioning of our form of government under the
Constitution, including the functioning of the three separate branches of
government;

(b) Providing leadership visible to the Nation and the world and maintaining
the trust and confidence of the American people;

(c) Defending the Constitution of the United States against all enemies,
foreign and domestic, and preventing or interdicting attacks against the United
States or its people, property, or interests;

(d) Maintaining and fostering effective relationships with foreign nations;

(e) Protecting against threats to the homeland and bringing to justice
perpetrators of crimes or attacks against the United States or its people,
property, or interests;

(f) Providing rapid and effective response to and recovery from the domestic
consequences of an attack or other incident;

(g) Protecting and stabilizing the Nation’s economy and ensuring public
confidence in its financial systems; and

(h) Providing for critical Federal Government services that address the
national health, safety, and welfare needs of the United States.

(6) The President shall lead the activities of the Federal Government for
ensuring constitutional government. In order to advise and assist the President
in that function, the Assistant to the President for Homeland Security and
Counterterrorism (APHS/CT) is hereby designated as the National Continuity
Coordinator. The National Continuity Coordinator, in coordination with the
Assistant to the President for National Security Affairs (APNSA), without
exercising directive authority, shall coordinate the development and
implementation of continuity policy for executive departments and agencies. The
Continuity Policy Coordination Committee (CPCC), chaired by a Senior Director
from the Homeland Security Council staff, designated by the National Continuity
Coordinator, shall be the main day-to-day forum for such policy coordination.

(7) For continuity purposes, each executive department and agency is assigned
to a category in accordance with the nature and characteristics of its national
security roles and responsibilities in support of the Federal Government’s
ability to sustain the NEFs. The Secretary of Homeland Security shall serve as
the President’s lead agent for coordinating overall continuity operations and
activities of executive departments and agencies, and in such role shall perform
the responsibilities set forth for the Secretary in sections 10 and 16 of this
directive.

(8) The National Continuity Coordinator, in consultation with the heads of
appropriate executive departments and agencies, will lead the development of a
National Continuity Implementation Plan (Plan), which shall include prioritized
goals and objectives, a concept of operations, performance metrics by which to
measure continuity readiness, procedures for continuity and incident management
activities, and clear direction to executive department and agency continuity
coordinators, as well as guidance to promote interoperability of Federal
Government continuity programs and procedures with State, local, territorial,
and tribal governments, and private sector owners and operators of critical
infrastructure, as appropriate. The Plan shall be submitted to the President for
approval not later than 90 days after the date of this directive.

(9) Recognizing that each branch of the Federal Government is responsible for
its own continuity programs, an official designated by the Chief of Staff to the
President shall ensure that the executive branch’s COOP and COG policies in
support of ECG efforts are appropriately coordinated with those of the
legislative and judicial branches in order to ensure interoperability and
allocate national assets efficiently to maintain a functioning Federal
Government.

(10) Federal Government COOP, COG, and ECG plans and operations shall be
appropriately integrated with the emergency plans and capabilities of State,
local, territorial, and tribal governments, and private sector owners and
operators of critical infrastructure, as appropriate, in order to promote
interoperability and to prevent redundancies and conflicting lines of authority.
The Secretary of Homeland Security shall coordinate the integration of Federal
continuity plans and operations with State, local, territorial, and tribal
governments, and private sector owners and operators of critical infrastructure,
as appropriate, in order to provide for the delivery of essential services
during an emergency.

(11) Continuity requirements for the Executive Office of the President (EOP)
and executive departments and agencies shall include the following:

(a) The continuation of the performance of PMEFs during any emergency must be
for a period up to 30 days or until normal operations can be resumed, and the
capability to be fully operational at alternate sites as soon as possible after
the occurrence of an emergency, but not later than 12 hours after COOP
activation;

(b) Succession orders and pre-planned devolution of authorities that ensure
the emergency delegation of authority must be planned and documented in advance
in accordance with applicable law;

(c) Vital resources, facilities, and records must be safeguarded, and
official access to them must be provided;

(d) Provision must be made for the acquisition of the resources necessary for
continuity operations on an emergency basis;

(e) Provision must be made for the availability and redundancy of critical
communications capabilities at alternate sites in order to support connectivity
between and among key government leadership, internal elements, other executive
departments and agencies, critical partners, and the public;

(f) Provision must be made for reconstitution capabilities that allow for
recovery from a catastrophic emergency and resumption of normal operations; and

(g) Provision must be made for the identification, training, and preparedness
of personnel capable of relocating to alternate facilities to support the
continuation of the performance of PMEFs.

(12) In order to provide a coordinated response to escalating threat levels
or actual emergencies, the Continuity of Government Readiness Conditions
(COGCON) system establishes executive branch continuity program readiness
levels, focusing on possible threats to the National Capital Region. The
President will determine and issue the COGCON Level. Executive departments and
agencies shall comply with the requirements and assigned responsibilities under
the COGCON program. During COOP activation, executive departments and agencies
shall report their readiness status to the Secretary of Homeland Security or the
Secretary’s designee.

(13) The Director of the Office of Management and Budget shall:

(a) Conduct an annual assessment of executive department and agency
continuity funding requests and performance data that are submitted by executive
departments and agencies as part of the annual budget request process, in order
to monitor progress in the implementation of the Plan and the execution of
continuity budgets;

(b) In coordination with the National Continuity Coordinator, issue annual
continuity planning guidance for the development of continuity budget requests;
and

(c) Ensure that heads of executive departments and agencies prioritize budget
resources for continuity capabilities, consistent with this directive.

(14) The Director of the Office of Science and Technology Policy shall:

(a) Define and issue minimum requirements for continuity communications for
executive departments and agencies, in consultation with the APHS/CT, the APNSA,
the Director of the Office of Management and Budget, and the Chief of Staff to
the President;

(b) Establish requirements for, and monitor the development, implementation,
and maintenance of, a comprehensive communications architecture to integrate
continuity components, in consultation with the APHS/CT, the APNSA, the Director
of the Office of Management and Budget, and the Chief of Staff to the President;
and

(c) Review quarterly and annual assessments of continuity communications
capabilities, as prepared pursuant to section 16(d) of this directive or
otherwise, and report the results and recommended remedial actions to the
National Continuity Coordinator.

(15) An official designated by the Chief of Staff to the President shall:

(a) Advise the President, the Chief of Staff to the President, the APHS/CT,
and the APNSA on COGCON operational execution options; and

(b) Consult with the Secretary of Homeland Security in order to ensure
synchronization and integration of continuity activities among the four
categories of executive departments and agencies.

(16) The Secretary of Homeland Security shall:

(a) Coordinate the implementation, execution, and assessment of continuity
operations and activities;

(b) Develop and promulgate Federal Continuity Directives in order to
establish continuity planning requirements for executive departments and
agencies;

(c) Conduct biennial assessments of individual department and agency
continuity capabilities as prescribed by the Plan and report the results to the
President through the APHS/CT;

(d) Conduct quarterly and annual assessments of continuity communications
capabilities in consultation with an official designated by the Chief of Staff
to the President;

(e) Develop, lead, and conduct a Federal continuity training and exercise
program, which shall be incorporated into the National Exercise Program
developed pursuant to Homeland Security Presidential Directive-8 of December 17,
2003 ("National Preparedness"), in consultation with an official designated by
the Chief of Staff to the President;

(f) Develop and promulgate continuity planning guidance to State, local,
territorial, and tribal governments, and private sector critical infrastructure
owners and operators;

(g) Make available continuity planning and exercise funding, in the form of
grants as provided by law, to State, local, territorial, and tribal governments,
and private sector critical infrastructure owners and operators; and

(h) As Executive Agent of the National Communications System, develop,
implement, and maintain a comprehensive continuity communications architecture.

(17) The Director of National Intelligence, in coordination with the Attorney
General and the Secretary of Homeland Security, shall produce a biennial
assessment of the foreign and domestic threats to the Nation’s continuity of
government.

(18) The Secretary of Defense, in coordination with the Secretary of Homeland
Security, shall provide secure, integrated, Continuity of Government
communications to the President, the Vice President, and, at a minimum, Category
I executive departments and agencies.

(19) Heads of executive departments and agencies shall execute their
respective department or agency COOP plans in response to a localized emergency
and shall:

(a) Appoint a senior accountable official, at the Assistant Secretary level,
as the Continuity Coordinator for the department or agency;

(b) Identify and submit to the National Continuity Coordinator the list of
PMEFs for the department or agency and develop continuity plans in support of
the NEFs and the continuation of essential functions under all conditions;

(c) Plan, program, and budget for continuity capabilities consistent with
this directive;

(d) Plan, conduct, and support annual tests and training, in consultation
with the Secretary of Homeland Security, in order to evaluate program readiness
and ensure adequacy and viability of continuity plans and communications
systems; and

(e) Support other continuity requirements, as assigned by category, in
accordance with the nature and characteristics of its national security roles
and responsibilities

General Provisions

(20) This directive shall be implemented in a manner that is consistent with,
and facilitates effective implementation of, provisions of the Constitution
concerning succession to the Presidency or the exercise of its powers, and the
Presidential Succession Act of 1947 (3 U.S.C. 19), with consultation of the Vice
President and, as appropriate, others involved. Heads of executive departments
and agencies shall ensure that appropriate support is available to the Vice
President and others involved as necessary to be prepared at all times to
implement those provisions.

(21) This directive:

(a) Shall be implemented consistent with applicable law and the authorities
of agencies, or heads of agencies, vested by law, and subject to the
availability of appropriations;

(b) Shall not be construed to impair or otherwise affect (i) the functions of
the Director of the Office of Management and Budget relating to budget,
administrative, and legislative proposals, or (ii) the authority of the
Secretary of Defense over the Department of Defense, including the chain of
command for military forces from the President, to the Secretary of Defense, to
the commander of military forces, or military command and control procedures;
and

(c) Is not intended to, and does not, create any rights or benefits,
substantive or procedural, enforceable at law or in equity by a party against
the United States, its agencies, instrumentalities, or entities, its officers,
employees, or agents, or any other person.

(22) Revocation. Presidential Decision Directive 67 of October 21, 1998
("Enduring Constitutional Government and Continuity of Government Operations"),
including all Annexes thereto, is hereby revoked.

(23) Annex A and the classified Continuity Annexes, attached hereto, are
hereby incorporated into and made a part of this directive.

(24) Security. This directive and the information contained herein shall be
protected from unauthorized disclosure, provided that, except for Annex A, the
Annexes attached to this directive are classified and shall be accorded
appropriate handling, consistent with applicable Executive Orders.

GEORGE W. BUSH

# # #


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