    [Public Papers of the Presidents of the United States: George W. Bush (2003, Book I)]
    [February 28, 2003]
    [Pages 229-234]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Homeland Security Presidential Directive/HSPD-5--Management of Domestic
    Incidents
    February 28, 2003

    Subject: Management of Domestic Incidents

    Purpose

        (1) To enhance the ability of the United States to manage domestic
    incidents by establishing a single, comprehensive national incident
    management system.

    Definitions

        (2) In this directive:
           (a)   the term ``Secretary'' means the Secretary of Homeland
                Security.
           (b)   the term ``Federal departments and agencies'' means those
                executive departments enumerated in 5 U.S.C. 101, together
                with the Department of Homeland Security; 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.
           (c)   the terms ``State,'' ``local,'' and the ``United States''
                when it is used in a geographical sense, have the same
                meanings as used in the Homeland Security Act of 2002,
                Public Law 107-296.

    Policy

        (3) To prevent, prepare for, respond to, and recover from terrorist
    attacks, major disasters, and other emergencies, the United States
    Government shall establish a single, comprehensive approach to domestic
    incident management. The objective of the United States Government is to
    ensure that all levels of government across the Nation have the
    capability to work efficiently and effectively together, using a
    national approach to domestic incident management. In these efforts,
    with regard to domestic incidents, the United States Government treats
    crisis management and consequence management as a single, integrated
    function, rather than as two separate functions.

    [[Page 230]]

        (4) The Secretary of Homeland Security is the principal Federal
    official for domestic incident management. Pursuant to the Homeland
    Security Act of 2002, the Secretary is responsible for coordinating
    Federal operations within the United States to prepare for, respond to,
    and recover from terrorist attacks, major disasters, and other
    emergencies. The Secretary shall coordinate the Federal Government's
    resources utilized in response to or recovery from terrorist attacks,
    major disasters, or other emergencies if and when any one of the
    following four conditions applies: (1) a Federal department or agency
    acting under its own authority has requested the assistance of the
    Secretary; (2) the resources of State and local authorities are
    overwhelmed and Federal assistance has been requested by the appropriate
    State and local authorities; (3) more than one Federal department or
    agency has become substantially involved in responding to the incident;
    or (4) the Secretary has been directed to assume responsibility for
    managing the domestic incident by the President.
        (5) Nothing in this directive alters, or impedes the ability to
    carry out, the authorities of Federal departments and agencies to
    perform their responsibilities under law. All Federal departments and
    agencies shall cooperate with the Secretary in the Secretary's domestic
    incident management role.
        (6) The Federal Government recognizes the roles and responsibilities
    of State and local authorities in domestic incident management. Initial
    responsibility for managing domestic incidents generally falls on State
    and local authorities. The Federal Government will assist State and
    local authorities when their resources are overwhelmed, or when Federal
    interests are involved. The Secretary will coordinate with State and
    local governments to ensure adequate planning, equipment, training, and
    exercise activities. The Secretary will also provide assistance to State
    and local governments to develop all-hazards plans and capabilities,
    including those of greatest importance to the security of the United
    States, and will ensure that State, local, and Federal plans are
    compatible.
        (7) The Federal Government recognizes the role that the private and
    nongovernmental sectors play in preventing, preparing for, responding
    to, and recovering from terrorist attacks, major disasters, and other
    emergencies. The Secretary will coordinate with the private and
    nongovernmental sectors to ensure adequate planning, equipment,
    training, and exercise activities and to promote partnerships to address
    incident management capabilities.
        (8) The Attorney General has lead responsibility for criminal
    investigations of terrorist acts or terrorist threats by individuals or
    groups inside the United States, or directed at United States citizens
    or institutions abroad, where such acts are within the Federal criminal
    jurisdiction of the United States, as well as for related intelligence
    collection activities within the United States, subject to the National
    Security Act of 1947 and other applicable law, Executive Order 12333,
    and Attorney General-approved procedures pursuant to that Executive
    Order. Generally acting through the Federal Bureau of Investigation, the
    Attorney General, in cooperation with other Federal departments and
    agencies engaged in activities to protect our national security, shall
    also coordinate the activities of the other members of the law
    enforcement community to detect, prevent, preempt, and disrupt terrorist
    attacks against the United States. Following a terrorist threat or an
    actual incident that falls within the criminal jurisdiction of the
    United States, the full capabilities of the United States shall be
    dedicated, consistent with United States law and with activities of
    other Federal departments and agencies to protect our national security,
    to assisting the Attorney General to identify the perpetrators and bring
    them to justice. The Attorney General and the Secretary shall establish
    appropriate relationships and mechanisms

    [[Page 231]]

    for cooperation and coordination between their two departments.
        (9) Nothing in this directive impairs or otherwise affects the
    authority of the Secretary of Defense over the Department of Defense,
    including the chain of command for military forces from the President as
    Commander in Chief, to the Secretary of Defense, to the commander of
    military forces, or military command and control procedures. The
    Secretary of Defense shall provide military support to civil authorities
    for domestic incidents as directed by the President or when consistent
    with military readiness and appropriate under the circumstances and the
    law. The Secretary of Defense shall retain command of military forces
    providing civil support. The Secretary of Defense and the Secretary
    shall establish appropriate relationships and mechanisms for cooperation
    and coordination between their two departments.
        (10) The Secretary of State has the responsibility, consistent with
    other United States Government activities to protect our national
    security, to coordinate international activities related to the
    prevention, preparation, response, and recovery from a domestic
    incident, and for the protection of United States citizens and United
    States interests overseas. The Secretary of State and the Secretary
    shall establish appropriate relationships and mechanisms for cooperation
    and coordination between their two departments.
        (11) The Assistant to the President for Homeland Security and the
    Assistant to the President for National Security Affairs shall be
    responsible for interagency policy coordination on domestic and
    international incident management, respectively, as directed by the
    President. The Assistant to the President for Homeland Security and the
    Assistant to the President for National Security Affairs shall work
    together to ensure that the United States domestic and international
    incident management efforts are seamlessly united.
        (12) The Secretary shall ensure that, as appropriate, information
    related to domestic incidents is gathered and provided to the public,
    the private sector, State and local authorities, Federal departments and
    agencies, and, generally through the Assistant to the President for
    Homeland Security, to the President. The Secretary shall provide
    standardized, quantitative reports to the Assistant to the President for
    Homeland Security on the readiness and preparedness of the Nation--at
    all levels of government--to prevent, prepare for, respond to, and
    recover from domestic incidents.
        (13) Nothing in this directive shall be construed to grant to any
    Assistant to the President any authority to issue orders to Federal
    departments and agencies, their officers, or their employees.

    Tasking

        (14) The heads of all Federal departments and agencies are directed
    to provide their full and prompt cooperation, resources, and support, as
    appropriate and consistent with their own responsibilities for
    protecting our national security, to the Secretary, the Attorney
    General, the Secretary of Defense, and the Secretary of State in the
    exercise of the individual leadership responsibilities and missions
    assigned in paragraphs (4), (8), (9), and (10), respectively, above.
        (15) The Secretary shall develop, submit for review to the Homeland
    Security Council, and administer a National Incident Management System
    (NIMS). This system will provide a consistent nationwide approach for
    Federal, State, and local governments to work effectively and
    efficiently together to prepare for, respond to, and recover from
    domestic incidents, regardless of cause, size, or complexity. To provide
    for interoperability and compatibility among Federal, State, and local
    capabilities, the NIMS will include a core set of concepts, principles,
    terminology, and technologies covering the incident command system;
    multi-agency coordination systems; unified

    [[Page 232]]

    command; training; identification and management of resources (including
    systems for classifying types of resources); qualifications and
    certification; and the collection, tracking, and reporting of incident
    information and incident resources.
        (16) The Secretary shall develop, submit for review to the Homeland
    Security Council, and administer a National Response Plan (NRP). The
    Secretary shall consult with appropriate Assistants to the President
    (including the Assistant to the President for Economic Policy) and the
    Director of the Office of Science and Technology Policy, and other such
    Federal officials as may be appropriate, in developing and implementing
    the NRP. This plan shall integrate Federal Government domestic
    prevention, preparedness, response, and recovery plans into one all-
    discipline, all-hazards plan. The NRP shall be unclassified. If certain
    operational aspects require classification, they shall be included in
    classified annexes to the NRP.
           (a)   The NRP, using the NIMS, shall, with regard to response to
                domestic incidents, provide the structure and mechanisms for
                national level policy and operational direction for Federal
                support to State and local incident managers and for
                exercising direct Federal authorities and responsibilities,
                as appropriate.
           (b)   The NRP will include protocols for operating under
                different threats or threat levels; incorporation of
                existing Federal emergency and incident management plans
                (with appropriate modifications and revisions) as either
                integrated components of the NRP or as supporting
                operational plans; and additional operational plans or
                annexes, as appropriate, including public affairs and
                intergovernmental communications.
           (c)   The NRP will include a consistent approach to reporting
                incidents, providing assessments, and making recommendations
                to the President, the Secretary, and the Homeland Security
                Council.
           (d)   The NRP will include rigorous requirements for continuous
                improvements from testing, exercising, experience with
                incidents, and new information and technologies.
        (17) The Secretary shall:
           (a)   By April 1, 2003, (1) develop and publish an initial
                version of the NRP, in consultation with other Federal
                departments and agencies; and (2) provide the Assistant to
                the President for Homeland Security with a plan for full
                development and implementation of the NRP.
           (b)   By June 1, 2003, (1) in consultation with Federal
                departments and agencies and with State and local
                governments, develop a national system of standards,
                guidelines, and protocols to implement the NIMS; and (2)
                establish a mechanism for ensuring ongoing management and
                maintenance of the NIMS, including regular consultation with
                other Federal departments and agencies and with State and
                local governments.
           (c)   By September 1, 2003, in consultation with Federal
                departments and agencies and the Assistant to the President
                for Homeland Security, review existing authorities and
                regulations and prepare recommendations for the President on
                revisions necessary to implement fully the NRP.
        (18) The heads of Federal departments and agencies shall adopt the
    NIMS within their departments and agencies and shall provide support and
    assistance to the Secretary in the development and maintenance of the
    NIMS. All Federal departments and agencies will use the NIMS in their
    domestic incident management and emergency prevention, preparedness,
    response, recovery, and mitigation activities, as well as those actions
    taken in support of State or

    [[Page 233]]

    local entities. The heads of Federal departments and agencies shall
    participate in the NRP, shall assist and support the Secretary in the
    development and maintenance of the NRP, and shall participate in and use
    domestic incident reporting systems and protocols established by the
    Secretary.
        (19) The head of each Federal department and agency shall:
           (a)   By June 1, 2003, make initial revisions to existing plans
                in accordance with the initial version of the NRP.
           (b)   By August 1, 2003, submit a plan to adopt and implement the
                NIMS to the Secretary and the Assistant to the President for
                Homeland Security. The Assistant to the President for
                Homeland Security shall advise the President on whether such
                plans effectively implement the NIMS.
        (20) Beginning in Fiscal Year 2005, Federal departments and agencies
    shall make adoption of the NIMS a requirement, to the extent permitted
    by law, for providing Federal preparedness assistance through grants,
    contracts, or other activities. The Secretary shall develop standards
    and guidelines for determining whether a State or local entity has
    adopted the NIMS.

    Technical and Conforming Amendments to National Security Presidential
    Directive-1 (NSPD-1)

        (21) NSPD-1 (``Organization of the National Security Council
    System'') is amended by replacing the fifth sentence of the third
    paragraph on the first page with the following: ``The Attorney General,
    the Secretary of Homeland Security, and the Director of the Office of
    Management and Budget shall be invited to attend meetings pertaining to
    their responsibilities.''.

    Technical and Conforming Amendments to National Security Presidential
    Directive-8 (NSPD-8)

        (22) NSPD-8 (``National Director and Deputy National Security
    Advisor for Combating Terrorism'') is amended by striking ``and the
    Office of Homeland Security,'' on page 4, and inserting ``the Department
    of Homeland Security, and the Homeland Security Council'' in lieu
    thereof.

    Technical and Conforming Amendments to Homeland Security Presidential
    Directive-2 (HSPD-2)

        (23) HSPD-2 (``Combating Terrorism Through Immigration Policies'')
    is amended as follows:
           (a)   striking ``the Commissioner of the Immigration and
                Naturalization Service (INS)'' in the second sentence of the
                second paragraph in section 1, and inserting ``the Secretary
                of Homeland Security'' in lieu thereof;
           (b)   striking ``the INS,'' in the third paragraph in section 1,
                and inserting ``the Department of Homeland Security'' in
                lieu thereof;
           (c)   inserting ``, the Secretary of Homeland Security,'' after
                ``The Attorney General'' in the fourth paragraph in section
                1;
           (d)   inserting ``, the Secretary of Homeland Security,'' after
                ``the Attorney General'' in the fifth paragraph in section
                1;
           (e)   striking ``the INS and the Customs Service'' in the first
                sentence of the first paragraph of section 2, and inserting
                ``the Department of Homeland Security'' in lieu thereof;
           (f)   striking ``Customs and INS'' in the first sentence of the
                second paragraph of section 2, and inserting ``the
                Department of Homeland Security'' in lieu thereof;
           (g)   striking ``the two agencies'' in the second sentence of the
                second paragraph of section 2, and inserting ``the
                Department of Homeland Security'' in lieu thereof;
           (h)   striking ``the Secretary of the Treasury'' wherever it
                appears in section 2, and inserting ``the Secretary of
                Homeland Security'' in lieu thereof;

    [[Page 234]]

           (i)   inserting ``, the Secretary of Homeland Security,'' after
                ``The Secretary of State'' wherever the latter appears in
                section 3;
           (j)   inserting ``, the Department of Homeland Security,'' after
                ``the Department of State,'' in the second sentence in the
                third paragraph in section 3;
           (k)   inserting ``the Secretary of Homeland Security,'' after
                ``the Secretary of State,'' in the first sentence of the
                fifth paragraph of section 3;
           (l)   striking ``INS'' in the first sentence of the sixth
                paragraph of section 3, and inserting ``Department of
                Homeland Security'' in lieu thereof;
           (m)   striking ``the Treasury'' wherever it appears in section 4
                and inserting ``Homeland Security'' in lieu thereof;
           (n)   inserting ``, the Secretary of Homeland Security,'' after
                ``the Attorney General'' in the first sentence in section 5;
                and
           (o)   inserting ``, Homeland Security'' after ``State'' in the
                first sentence of section 6.

    Technical and Conforming Amendments to Homeland Security Presidential
    Directive-3 (HSPD-3)

        (24) The Homeland Security Act of 2002 assigned the responsibility
    for administering the Homeland Security Advisory System to the Secretary
    of Homeland Security. Accordingly, HSPD-3 of March 11, 2002 (``Homeland
    Security Advisory System'') is amended as follows:
           (a)   replacing the third sentence of the second paragraph
                entitled ``Homeland Security Advisory System'' with ``Except
                in exigent circumstances, the Secretary of Homeland Security
                shall seek the views of the Attorney General, and any other
                federal agency heads the Secretary deems appropriate,
                including other members of the Homeland Security Council, on
                the Threat Condition to be assigned.''
           (b)   inserting ``At the request of the Secretary of Homeland
                Security, the Department of Justice shall permit and
                facilitate the use of delivery systems administered or
                managed by the Department of Justice for the purposes of
                delivering threat information pursuant to the Homeland
                Security Advisory System.'' as a new paragraph after the
                fifth paragraph of the section entitled ``Homeland Security
                Advisory System.''
           (c)   inserting ``, the Secretary of Homeland Security'' after
                ``The Director of Central Intelligence'' in the first
                sentence of the seventh paragraph of the section entitled
                ``Homeland Security Advisory System''.
           (d)   striking ``Attorney General'' wherever it appears (except
                in the sentences referred to in subsections (a) and (c)
                above), and inserting ``the Secretary of Homeland Security''
                in lieu thereof; and
           (e)   striking the section entitled ``Comment and Review
                Periods.''

                                                              George W. Bush

    Note: An original was not available for verification of the content of
    this directive.