National Security and Homeland Security Presidential Directive
Encyclopedia
The National Security and Homeland Security Presidential Directive (National Security Presidential Directive NSPD 51/Homeland Security Presidential Directive HSPD-20, sometimes called simply "Executive Directive 51" for short), created and signed by United States
President George W. Bush
on May 4, 2007, is a Presidential Directive
which claims power to execute procedures for continuity
of the federal government in the event of a "catastrophic emergency". Such an emergency is construed as "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."
The unclassified portion of the directive was posted on the White House website on May 9, 2007, without any further announcement or press briefings, although Special Assistant to George W. Bush Gordon Johndroe
answered several questions on the matter when asked about it by members of the press in early June 2007.
and Marjorie Cohn of the National Lawyers Guild have said that this is a violation of the Constitution of the United States in that the three branches of government are separate and equal, with no single branch coordinating the others. The directive, created by the president, claims that the president has the power to declare a catastrophic emergency. It does not specify who has the power to declare the emergency over.
The directive further says that, in the case of such an emergency, the new position of "National Continuity Coordinator" would be filled by the assistant to the president for Homeland Security and Counterterrorism
(this position was held under the Bush Administration by Frances Townsend
, until her resignation on November 19, 2007, and Kenneth L. Wainstein; the position is presently held by John O. Brennan
.) The directive also specifies that a "Continuity Policy Coordination Committee", to be chaired by a senior director of the Homeland Security Council
staff, and selected by the National Continuity Coordinator, shall be "the main day-to-day forum for such policy coordination".
The directive ends by describing a number of "annexes", of which Annex A is described as being not classified but which does not appear on the directive's Web page:
The "National Continuity Policy, Annex A, Categories of Departments and Agencies", available from the Financial and Banking Information Infrastructure Committee website, indicates that "executive departments and agencies are assigned to one of four categories commensurate with their COOP
/COG
/ECG
responsibilities during an emergency".
, a U.S. federal law passed in 1976, which gives Congress oversight over presidential emergency powers during such emergencies. The National Emergencies Act is not mentioned in the text of the National Security and Homeland Security Presidential Directive.
After receiving concerned communications from constituents, in July 2007 U.S. Representative and Homeland Security Committee
member Peter DeFazio
made an official request to examine the classified Continuity Annexes described above in a secure "bubbleroom" in the United States Capitol
, but his request was denied by the White House
, which cited "national security concerns." This was the first time DeFazio had been denied access to documents. He was quoted as saying, "We're talking about the continuity of the government of the United States of America...I would think that would be relevant to any member of Congress, let alone a member of the Homeland Security Committee." After this denial, DeFazio joined with two colleagues (Bennie Thompson
, chairman of the committee; and Chris Carney
, chairman of the Homeland Security oversight subcommittee) in a renewed effort to gain access to the documents.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
on May 4, 2007, is a Presidential Directive
Presidential directive
Presidential Directives, better known as Presidential Decision Directives or PDD are a form of an executive order issued by the President of the United States with the advice and consent of the National Security Council...
which claims power to execute procedures for continuity
Continuity of government
Continuity of government is the principle of establishing defined procedures that allow a government to continue its essential operations in case of nuclear war or other catastrophic event....
of the federal government in the event of a "catastrophic emergency". Such an emergency is construed as "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."
The unclassified portion of the directive was posted on the White House website on May 9, 2007, without any further announcement or press briefings, although Special Assistant to George W. Bush Gordon Johndroe
Gordon Johndroe
Gordon Johndroe was Deputy Assistant to President George W. Bush, Deputy Press Secretary and a spokesman for the United States National Security Council...
answered several questions on the matter when asked about it by members of the press in early June 2007.
Details
The presidential directive says that, when the president considers an emergency to have occurred, an "Enduring Constitutional Government" comprising "a cooperative effort among the executive, legislative, and judicial branches of the Federal Government, coordinated by the President," will take the place of the nation's regular government. Conservative activist Jerome CorsiJerome Corsi
Jerome Robert Corsi is an American author, political commentator and conspiracy theorist best known for his two New York Times bestselling books: The Obama Nation and Unfit for Command...
and Marjorie Cohn of the National Lawyers Guild have said that this is a violation of the Constitution of the United States in that the three branches of government are separate and equal, with no single branch coordinating the others. The directive, created by the president, claims that the president has the power to declare a catastrophic emergency. It does not specify who has the power to declare the emergency over.
The directive further says that, in the case of such an emergency, the new position of "National Continuity Coordinator" would be filled by the assistant to the president for Homeland Security and Counterterrorism
Homeland Security Council
The Homeland Security Council is an entity within the White House Office tasked with advising the President on matters relating to Homeland Security...
(this position was held under the Bush Administration by Frances Townsend
Frances Townsend
Frances M. Fragos Townsend is the former Homeland Security Advisor to United States President George W. Bush and TV personality. Townsend was appointed to this position by President Bush on May 28, 2004. Her resignation was announced November 19, 2007...
, until her resignation on November 19, 2007, and Kenneth L. Wainstein; the position is presently held by John O. Brennan
John O. Brennan
John O. Brennan is chief counterterrorism advisor to U.S. President Barack Obama; officially his title is Deputy National Security Advisor for Homeland Security and Counterterrorism, and Assistant to the President...
.) The directive also specifies that a "Continuity Policy Coordination Committee", to be chaired by a senior director of the Homeland Security Council
Homeland Security Council
The Homeland Security Council is an entity within the White House Office tasked with advising the President on matters relating to Homeland Security...
staff, and selected by the National Continuity Coordinator, shall be "the main day-to-day forum for such policy coordination".
The directive ends by describing a number of "annexes", of which Annex A is described as being not classified but which does not appear on the directive's Web page:
- "(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."
The "National Continuity Policy, Annex A, Categories of Departments and Agencies", available from the Financial and Banking Information Infrastructure Committee website, indicates that "executive departments and agencies are assigned to one of four categories commensurate with their COOP
Continuity of Operations Plan
Continuity of Operations is a United States Federal initiative, required by Presidential directive, to ensure that agencies are able to continue performance of essential functions under a broad range of circumstances....
/COG
Continuity of government
Continuity of government is the principle of establishing defined procedures that allow a government to continue its essential operations in case of nuclear war or other catastrophic event....
/ECG
Enduring Constitutional Government
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...
responsibilities during an emergency".
Reception
The signing of this Directive was generally not covered by the mainstream U.S. media or discussed by the U.S. Congress. While similar executive security directives have been issued by previous presidents, with their texts kept secret, this is the first to be made public in part. It is unclear how the National Security and Homeland Security Presidential Directive will reconcile with the National Emergencies ActNational Emergencies Act
The National Emergencies Act is a United States federal law passed in 1976 to stop open-ended states of national emergency and formalize the power of Congress to provide certain checks and balances on the emergency powers of the President. The act sets a limit of two years on states of national...
, a U.S. federal law passed in 1976, which gives Congress oversight over presidential emergency powers during such emergencies. The National Emergencies Act is not mentioned in the text of the National Security and Homeland Security Presidential Directive.
After receiving concerned communications from constituents, in July 2007 U.S. Representative and Homeland Security Committee
United States House Committee on Homeland Security
The U.S. House Committee on Homeland Security is a standing committee of the United States House of Representatives, the lower house of Congress. Its responsibilities include U.S...
member Peter DeFazio
Peter DeFazio
Peter Anthony DeFazio is the U.S. Representative for , serving since 1987. He is a member of the Democratic Party. The district includes Eugene, Springfield, Roseburg and part of Corvallis. As Oregon's most senior member of Congress, he is the dean of Oregon's House of Representatives delegation...
made an official request to examine the classified Continuity Annexes described above in a secure "bubbleroom" in the United States Capitol
United States Capitol
The United States Capitol is the meeting place of the United States Congress, the legislature of the federal government of the United States. Located in Washington, D.C., it sits atop Capitol Hill at the eastern end of the National Mall...
, but his request was denied by the White House
White House
The White House is the official residence and principal workplace of the president of the United States. Located at 1600 Pennsylvania Avenue NW in Washington, D.C., the house was designed by Irish-born James Hoban, and built between 1792 and 1800 of white-painted Aquia sandstone in the Neoclassical...
, which cited "national security concerns." This was the first time DeFazio had been denied access to documents. He was quoted as saying, "We're talking about the continuity of the government of the United States of America...I would think that would be relevant to any member of Congress, let alone a member of the Homeland Security Committee." After this denial, DeFazio joined with two colleagues (Bennie Thompson
Bennie Thompson
Bennie G. Thompson, is the U.S. Representative for , serving since 1993, and the ranking member of the Committee on Homeland Security since 2011. He is a member of the Democratic Party....
, chairman of the committee; and Chris Carney
Chris Carney
Christopher P. "Chris" Carney is the former U.S. Representative for , serving from 2007 until 2011. He is a member of the Democratic Party and was a prominent member of the conservative Blue Dog Coalition....
, chairman of the Homeland Security oversight subcommittee) in a renewed effort to gain access to the documents.
See also
- Main CoreMain CoreMain Core is the code name of a database maintained since the 1980s by the federal government of the United States. Main Core contains personal and financial data of millions of U.S. citizens believed to be threats to national security. The data, which comes from the NSA, FBI, CIA, and other...
- Martial lawMartial lawMartial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
- State of emergencyState of emergencyA state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
- Continuity of governmentContinuity of governmentContinuity of government is the principle of establishing defined procedures that allow a government to continue its essential operations in case of nuclear war or other catastrophic event....
- Continuity of Operations PlanContinuity of Operations PlanContinuity of Operations is a United States Federal initiative, required by Presidential directive, to ensure that agencies are able to continue performance of essential functions under a broad range of circumstances....
- National Security Directive
- United States Department of Homeland SecurityUnited States Department of Homeland SecurityThe United States Department of Homeland Security is a cabinet department of the United States federal government, created in response to the September 11 attacks, and with the primary responsibilities of protecting the territory of the United States and protectorates from and responding to...
- REX-84
- Posse Comitatus ActPosse Comitatus ActThe Posse Comitatus Act is an often misunderstood and misquoted United States federal law passed on June 18, 1878, after the end of Reconstruction. Its intent was to limit the powers of local governments and law enforcement agencies from using federal military personnel to enforce the laws of...
- National Emergencies ActNational Emergencies ActThe National Emergencies Act is a United States federal law passed in 1976 to stop open-ended states of national emergency and formalize the power of Congress to provide certain checks and balances on the emergency powers of the President. The act sets a limit of two years on states of national...
- State secrets privilegeState Secrets PrivilegeThe state secrets privilege is an evidentiary rule created by United States legal precedent. Application of the privilege results in exclusion of evidence from a legal case based solely on affidavits submitted by the government stating that court proceedings might disclose sensitive information...
- Violent Radicalization and Homegrown Terrorism Prevention Act of 2007Violent Radicalization and Homegrown Terrorism Prevention Act of 2007The Violent Radicalization and Homegrown Terrorism Prevention Act of 2007 was a bill sponsored by Rep. Jane Harman in the 110th United States Congress...
External links
- National Security and Homeland Security Presidential Directive, from White House website
- National Continuity Policy, Annex A, Categories of Departments and Agencies, from the Financial and Banking Information Infrastructure Committee website]
- Boston Globe article (June 2, 2007)
- Article from Crusade Media News
- Article about National Security and Homeland Security Presidential Directive, from WorldNetDaily.com
- Article about National Security and Homeland Security Presidential Directive by Matthew Rothschild
- U.S. Government report to Congress on National Emergency Powers (2001), including history and development, and legislation to limit them.
- Who will rule the country after the next 9/11? - Slate.com