    [Public Papers of the Presidents of the United States: George W. Bush (2007, Book I)]
    [May 4, 2007]
    [Pages 547-553]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Directive on National Continuity Policy
    May 4, 2007

     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

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                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;

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           (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

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    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;

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           (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;

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           (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

    Note: This directive was released by the Office of the Press Secretary
    on May 9.

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