[Weekly Compilation of Presidential Documents Volume 39, Number 10 (Monday, March 10, 2003)]
[Pages 280-285]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Directive on Management of Domestic Incidents

February 28, 2003

 Homeland Security Presidential Directive/HSPD-5

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

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crisis management and consequence management as a single, integrated 
function, rather than as two separate functions.
    (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 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

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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 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

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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 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.

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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;
 (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:

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 (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. This item was not received in time for publication in 
the appropriate issue.