Source: Weekly Compilation of Presidential Documents ...

1 Source: Weekly Compilation of Presidential Documents (March 10, 2003), , 280 Feb. 28 / Administration of George W. Bush, 2003. the extent permitted by the Federal Vacan- received in time for publication in the appropriate cies Reform Act of 1998, 5 3345 et issue. seq., to depart from this order in designating an acting Secretary. Sec. 89. Savings Provision. Directive on Management of Except as otherwise specifically provided Domestic Incidents above or in Executive Order 13284 of Janu- February 28, 2003. ary 23, 2003 ( Amendment of Executive Or- ders, and Other Actions, in Connection With Homeland Security Presidential Directive/. HSPD 5. the Establishment of the Department of Homeland Security''), references in any prior Executive Order relating to an agency or an Subject: Management of Domestic Incidents agency component that is transferred to the Department of Homeland Security ( the De- Purpose partment''), or relating to a function that is (1) To enhance the ability of the United transferred to the Secretary of Homeland Se- States to manage domestic incidents by es- curity, shall be deemed to refer, as appro- tablishing a single, comprehensive national priate, to the Department or its officers, em- incident management system.

2 Ployees, agents, organizational units, or func- tions. Definitions Sec. 90. Nothing in this order shall be (2) In this directive: construed to impair or otherwise affect the (a) the term Secretary'' means the Sec- authority of the Secretary of Defense with retary of Homeland Security. respect to the Department of Defense, in- (b) the term Federal departments and cluding the chain of command for the armed agencies'' means those executive de- forces of the United States under section partments enumerated in 5 162(b) of title 10, United States Code, and 101, together with the Department of the authority of the Secretary of Defense Homeland Security; independent es- with respect to the Department of Defense tablishments as defined by 5 under section 113(b) of that title.

3 104(1); government corporations as Sec. 91. Nothing in this order shall be defined by 5 103(1); and the construed to limit or restrict the authorities United States Postal Service. of the Central Intelligence Agency and the (c) the terms State,'' local,'' and the Director of Central Intelligence pursuant to United States'' when it is used in a the National Security Act of 1947 and the geographical sense, have the same CIA Act of 1949. meanings as used in the Homeland Sec. 92. This order shall become effective Security Act of 2002, Public Law 107 . on March 1, 2003. 296. Sec. 93. This order does not create any right or benefit, substantive or procedural, Policy enforceable at law or in equity, against the (3) To prevent, prepare for, respond to, United States, its departments, agencies, or and recover from terrorist attacks, major dis- other entities, its officers or employees, or asters, and other emergencies, the United any other person.

4 States Government shall establish a single, George W. Bush comprehensive approach to domestic inci- dent management. The objective of the The White House, United States Government is to ensure that February 28, 2003. all levels of government across the Nation have the capability to work efficiently and [Filed with the Office of the Federal Register, effectively together, using a national ap- 8:45 , March 4, 2003]. proach to domestic incident management. In NOTE: This Executive order was published in the these efforts, with regard to domestic inci- Federal Register on March 5. This item was not dents, the United States Government treats VerDate Jan 31 2003 07:54 Mar 11, 2003 Jkt 200250 PO 00000 Frm 00018 Fmt 1244 Sfmt 1244 E:\PRESDOCS\ P10 MRT4.

5 Source: Weekly Compilation of Presidential Documents (March 10, 2003), , Administration of George W. Bush, 2003 / Feb. 28 281. crisis management and consequence man- State, local, and Federal plans are compat- agement as a single, integrated function, ible. rather than as two separate functions. (7) The Federal Government recognizes (4) The Secretary of Homeland Security the role that the private and nongovern- is the principal Federal official for domestic mental sectors play in preventing, preparing incident management. Pursuant to the for, responding to, and recovering from ter- Homeland Security Act of 2002, the Sec- rorist attacks, major disasters, and other retary is responsible for coordinating Federal emergencies.

6 The Secretary will coordinate operations within the United States to pre- with the private and nongovernmental sec- pare for, respond to, and recover from ter- tors to ensure adequate planning, equip- rorist attacks, major disasters, and other ment, training, and exercise activities and to emergencies. The Secretary shall coordinate promote partnerships to address incident the Federal Government's resources utilized management capabilities. in response to or recovery from terrorist at- (8) The Attorney General has lead respon- tacks, major disasters, or other emergencies sibility for criminal investigations of terrorist if and when any one of the following four acts or terrorist threats by individuals or conditions applies: (1) a Federal department groups inside the United States, or directed or agency acting under its own authority has at United States citizens or institutions requested the assistance of the Secretary.

7 (2) abroad, where such acts are within the Fed- the resources of State and local authorities eral criminal jurisdiction of the United are overwhelmed and Federal assistance has States, as well as for related intelligence col- been requested by the appropriate State and lection activities within the United States, local authorities; (3) more than one Federal subject to the National Security Act of 1947. and other applicable law, Executive Order department or agency has become substan- 12333, and Attorney General-approved pro- tially involved in responding to the incident;. cedures pursuant to that Executive Order. or (4) the Secretary has been directed to as- Generally acting through the Federal Bureau sume responsibility for managing the domes- of Investigation, the Attorney General, in co- tic incident by the President.

8 Operation with other Federal departments (5) Nothing in this directive alters, or im- and agencies engaged in activities to protect pedes the ability to carry out, the authorities our national security, shall also coordinate of Federal departments and agencies to per- the activities of the other members of the form their responsibilities under law. All law enforcement community to detect, pre- Federal departments and agencies shall co- vent, preempt, and disrupt terrorist attacks operate with the Secretary in the Secretary's against the United States. Following a ter- domestic incident management role. rorist threat or an actual incident that falls (6) The Federal Government recognizes within the criminal jurisdiction of the United the roles and responsibilities of State and States, the full capabilities of the United local authorities in domestic incident man- States shall be dedicated, consistent with agement.

9 Initial responsibility for managing United States law and with activities of other domestic incidents generally falls on State Federal departments and agencies to protect and local authorities. The Federal Govern- our national security, to assisting the Attor- ment will assist State and local authorities ney General to identify the perpetrators and when their resources are overwhelmed, or bring them to justice. The Attorney General when Federal interests are involved. The and the Secretary shall establish appropriate Secretary will coordinate with State and local relationships and mechanisms for coopera- governments to ensure adequate planning, tion and coordination between their two de- equipment, training, and exercise activities.

10 Partments. The Secretary will also provide assistance to (9) Nothing in this directive impairs or oth- State and local governments to develop all- erwise affects the authority of the Secretary hazards plans and capabilities, including of Defense over the Department of Defense, those of greatest importance to the security including the chain of command for military of the United States, and will ensure that forces from the President as Commander in VerDate Jan 31 2003 07:54 Mar 11, 2003 Jkt 200250 PO 00000 Frm 00019 Fmt 1244 Sfmt 1244 E:\PRESDOCS\ P10 MRT4. Source: Weekly Compilation of Presidential Documents (March 10, 2003), , 282 Feb. 28 / Administration of George W. Bush, 2003. Chief, to the Secretary of Defense, to the (13) Nothing in this directive shall be con- commander of military forces, or military strued to grant to any Assistant to the Presi- command and control procedures.