Monday, May 28, 2007

PRESIDENTIAL DIRECTIVE/NSPD 51

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For Immediate Release
Office of the Press Secretary
May 9, 2007
National Security and Homeland Security Presidential Directive


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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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