The National Security and Homeland Security Presidential Directive,
signed on May 9, 2007, declares that in the event of a �catastrophic event,�
George W. Bush can become what is best described as a dictator, "The
President shall lead the activities of the Federal Government for ensuring
constitutional government."
This directive, completely unnoticed by the media, and given
no scrutiny by Congress, literally gives the White House unprecedented
dictatorial power over the government and the country, bypassing the US
Congress and obliterating the separation of powers. The directive also placed
the secretary of Homeland Security in charge of domestic �security.�
The full text is below. A critical analysis on the directive
can be found here.
This is another step towards official martial law (see �US government fans homeland security fears�), which
suggests that a new "catastrophic event" 9/11-type pretext could be
in the pipeline.
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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 comprehnsive 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