[Weekly Compilation of Presidential Documents Volume 43, Number 19 (Monday, May 14, 2007)]
[Pages 593-598]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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

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            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

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            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

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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

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            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,

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            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.