FEMA and National Preparedness AS Expounded by PPD-8

There is only a passing reference to FEMA in new PPD-8!

That reference [italics mine] follows:

Nothing in this directive is intended to alter or impede the ability to carry out the authorities of executive departments and agencies to perform their responsibilities under law and consistent with applicable legal authorities and other Presidential guidance. This directive shall be implemented consistent with relevant authorities, including the Post-Katrina Emergency Management Reform Act of 2006 and its assignment of responsibilities with respect to the Administrator of the Federal Emergency Management Agency.

I have previously examined in some detail PKEMRA 2006 on this blog and elsewhere. The text is available on the home page of this blog. See key statutes.

There were some assignments of new duties to FEMA in PKEMRA 2006 but almost no new legal authority to do anything or focus FEMA largely due to the fact that PKEMRA 2006 was written primarily by the Homeland Security Committee of the House of Representatives and that committee lacks oversight of the Robert T. Stafford Disaster Relief and Emergency Assistance Act! Thus a fundamental disconnect continues thanks to the incompetence of the Congress in organizing itself.

It will be interesting to see who reviews activities under the new PPD-8 to determine whether they are inconsistent with PKEMRA 2006. Not a small job IMO.

Carter, Reagan, Bush Presidential Directives

Operational guidance and delegations often appear in documents other than statutes and Executive Orders. Some have lasting influence. Perhaps one of the most puzzling thing about the current Administration is its failure to undertake any revision of the George W. Bush Homeland Security Presidential Directives. But here in a somewhat repetitive post [see blog posting of April 28, 2010]rare some of the influential directives for Homeland Security, EM, and FEMA from the Carter, Reagan,Bush administrations. What should be noted is that in a very basic way they are not self-implementing since no budget execution authority accompanies their issuance [just as no budget execution authority accompanies any Executive Order] and departments and agencies must either reprogram funds to support the mandates or redirect policy development and implementation to accomplish them in all programs, functions, and activities. Many aspects of the BUSH era HSPD's IMO have yet to be implemented. I keep hearing that HSPD-5 and HSPD-8 are under active revision but that has yet to be public.

So here goes:

CARTER PRESIDENTIAL DIRECTIVES AFFECTING FEMA

• PD-41 U.S. Civil Defense Policy
• PD-57 Mobilization Planning
• PD-58 Continuity of Government

REAGAN AND BUSH NATIONAL SECURITY DIRECTIVES DIRECTLY AFFECTING FEMA

1982

1. NSDD 23 U.S. Civil Defense Policy
2. NSDD 26 Civil Defense Policy
3. NSDD 30 Managing Terrorist Incidents
4. NSDD 47 Emergency Mobilization Preparedness

1983

1. NSDD 97 National Security Telecommunications Policy

1984

1. NSDD 145 Telecommunications and Computer Security

1985

1. NSDD 174 National Defense Stockpile of Minerals
2. NSDD 179 Task Force on Combating Terrorism
3. NSDD 188 Reorganization of “Emergency Preparedness” Functions

1986

1. NSDD 207 National Program for Combating Terrorism

1987

1. NSDD 259 Civil Defense

1990

1.  NSDD 42 Security of National Security Telecommunications and Information Systems

1992

1. NSDD 66 Civil Defense Mobilization of Private Industry During Emergencies

Editor’s Note:
For text as declassified see “National Security Directives of the Reagan & Bush Administrations- The Declassified History of U.S. Political & Military Policy 1981-1991” Christopher Simpson (Westview Press, 1995).

See also Presidential Decision Directives at FAS.org

HSPD-8 Annex I [TEXT]

In December 2007 Annex I to HSPD-8 was issued as is set forth below in full text:
HSPD 8 Annex 1 Full Text
Homeland Security Presidential Directive-8 Annex I
Purpose

This Annex is intended to further enhance the preparedness of the United States by formally establishing a standard and comprehensive approach to national planning. It is meant to provide guidance for conducting planning in accordance with the Homeland Security Management System in the National Strategy for Homeland Security of 2007.


Background


The National Preparedness Guidelines designates planning as one of eight national priorities and as a target capability common across all homeland security mission areas. The capability to plan and a standard planning process are essential for the effective implementation and assessment of homeland security initiatives to prevent, protect against, respond to, and recover from terrorist attacks or natural disasters. The security of the Nation requires that all levels of government possess the ability to conduct planning, to develop standard, coordinated plans, and to identify and dedicate resources to the development of those plans. It is further imperative that such plans be regularly tested and improved through an inclusive and open process.


Definitions


In this Annex:


The phrase "Federal agencies with a role in homeland security" refers to those departments and agencies as set forth in


National Security Presidential Directive-1 (NSPD-I), (Organization of the National Security Council System) of February 13, 2001,
Homeland Security Presidential Directive-1 (HSPD- 1) (Organization and Operation of the Homeland Security Council) of October 29, 2001,
the National Response Plan as directed by Homeland Security Presidential Directive-5 (HSPD-5) (Management of Domestic Incidents) of February 28, 2003,
the National Infrastructure Protection Plan as directed by Homeland Security Presidential Directive-7 (HSPD-7) (Critical Infrastructure Identification, Prioritization, and Protection) of December 17, 2003, and
the National Implementation Plan for the War on Terror.


The term "National Planning Scenario" means an event or threat scenario appropriate for national planning by and among all levels and jurisdictions of government, and in coordination with private, non-profit, and volunteer organizations.
The term "strategic guidance statement" refers to a document that outlines strategic priorities, broad national strategic objectives, and basic assumptions; describes the envisioned end-state; and establishes the general means necessary to accomplish that end.
The term "strategic plan" refers to a plan that defines the mission, identifies authorities, delineates roles and responsibilities, establishes mission essential tasks, determines required and priority capabilities, and develops performance and effectiveness measures.
The term "concept plan" or "CONPLAN" refers to a plan that briefly describes the concept of operations for integrating and synchronizing existing Federal capabilities to accomplish the mission essential tasks, and describes how Federal capabilities will be integrated into and support regional, State, local, and tribal plans.
The term "operations plan" or "OPLAN" refers to a plan that identifies detailed resource, personnel and asset allocations in order to execute the objectives of the strategic plan and turn strategic priorities into operational execution. An operations plan contains a full description of the concept of operations, to include specific roles and responsibilities, tasks, integration, and actions required, with supporting support function annexes as appropriate.
The term "tactical plan" refers to the detailed development and identification of individual tasks, actions, and objectives tailored to specific situations and fact patterns at an operational level. Tactical planning is meant to support and achieve the objectives of the operations plan.


Policy


It is the policy of the United States Government to enhance the preparedness of the Nation by developing and maintaining a standardized approach to national planning to integrate and effect policy and operational objectives to prevent, protect against, respond to, and recover from all hazards, and comprises:


a standardized Federal planning process;
national planning doctrine;
resourced operational and tactical planning capabilities at each Federal department and agency with a role in homeland security;
strategic guidance, strategic plans, concepts of operations, and operations plans and as appropriate, tactical plans; and
a system for integrating plans among all levels of government.


Development of a Standardized National Planning Process and Integration System


There is established a planning process involving three levels of planning:


strategic;
operational; and
tactical.


The planning process will result in the development of a family of related planning documents to include strategic guidance statements, strategic plans, concepts of operations, operations plans, and as appropriate, tactical plans.


No later than 2 months after the issuance of this Annex, the Secretary of Homeland Security (Secretary) shall submit to the President for approval, through the Assistant to the President for Homeland Security and Counterterrorism, an Integrated Planning System (IPS) that is developed in coordination with the heads of Federal agencies with a role in homeland security and that


provides common processes for developing plans,
serves to implement phase one of the Homeland Security Management System, and
includes the following:


national planning doctrine and planning guidance, instruction, and process to ensure consistent planning across the Federal Government;
a mechanism that provides for concept development to identify and analyze the mission and potential courses of action;
a description of the process that allows for plan refinement and proper execution to reflect developments in risk, capabilities, or policies, as well as to incorporate lessons learned from exercises and actual events;
a description of the process that links regional, State, local, and tribal plans, planning cycles, and processes and allows these plans to inform the development of Federal plans;
a process for fostering vertical and horizontal integration of Federal, State, local, and tribal plans that allows for State, local, and tribal capability assessments to feed into Federal plans; and
a guide for all-hazards planning, with comprehensive, practical guidance and instruction on fundamental planning principles that can be used at Federal, State, local, and tribal levels to assist the planning process.


Development of National Planning Scenarios


National Planning Scenarios shall be developed, updated, or amended as necessary by the Secretary, in coordination with the heads of Federal agencies with a role in homeland security, and shall be informed by a risk-based analysis intended to focus planning efforts on the most likely or most dangerous threats to the homeland. The Secretary shall update the National Planning Scenarios on a biennial basis, or more frequently if necessary, and notify the Assistant to the President for Homeland Security and Counterterrorism of any updates.


Federal Roles and Responsibilities


After the approval of the IPS, the Secretary shall develop, in coordination with the heads of Federal agencies with a role in homeland security, a strategic guidance statement for each National Planning Scenario developed under section 34. A strategic guidance statement shall be effective upon its approval by the Secretary.
No later than 90 days after the approval of each strategic guidance statement, the Secretary shall develop, in coordination with the heads of Federal agencies with a role in homeland security and the Director of the National Counterterrorism Center (consistent with section 119 of the National Security Act of 1947, as amended (50 U.S.C. 404o)), a corresponding strategic plan. A strategic plan shall be effective upon its approval by the Secretary.
No later than 180 days after the approval of each strategic plan under section 36, the Secretary, in coordination with the heads of Federal agencies with a role in homeland security and in consultation with appropriate State, local, and tribal governments, shall develop a concept of operations plan (CONPLAN). A CONPLAN shall be effective upon its approval by the Secretary.
No later than 120 days after approval of each CONPLAN under section 37, the head of each Federal agency with a role in homeland security shall develop an operations plan (OPLAN) and, at his or her discretion, a tactical plan to execute the roles and responsibilities assigned to that agency in each CONPLAN. The development of an OPLAN (and any tactical plan) may begin before the commensurate strategic plan and CONPLAN are completed.
As part of regular budget submissions to the Director of the Office of Management and Budget, each Federal agency with a role in homeland security shall incorporate into its overall mission priorities and guidance constraints the following elements:


the estimated costs, if any, of its role in Federal strategic, operational, and tactical planning; and
the estimated costs of executing its responsibilities under any approved OPLAN.


The Secretary, in coordination with Federal agencies with a role in homeland security, shall develop a National Homeland Security Plan (Plan) that is an overarching strategic plan to guide national efforts to execute the National Strategy for Homeland Security of 2007. This Plan is intended to facilitate Federal homeland security coordination, establish priorities, and define roles and responsibilities for preventing, protecting against, responding to, and recovering from man-made or natural disasters. The Plan shall be submitted to the President for approval through the Assistant to the President for Homeland Security and Counterterrorism within 120 days of the approval of this Annex.


State and Local Planning


Developing a synchronized and coordinated planning capability at all levels of government is of paramount national importance. To that end, the Secretary shall:


expand opportunities for education, training, and professional development for planning communities at all levels, consistent with Executive Order 13434, National Security Professional Development, of May 17, 2007;
identify opportunities within Federal homeland security preparedness programs, to foster effective synchronization of Federal, State, local, and tribal plans; and
expand opportunities in the National Exercise Program to rigorously test and validate plans for a broader spectrum of the national planning community.


General Provisions


All general provisions of HSPD-8 apply to this Annex.
This Annex is intended only to require Federal agencies with a role in homeland security to standardize their plans, participate in the broader Federal planning system for the purposes of interagency coordination, and participate in the development of formal plans as needed.


Conforming Amendments to HSPD-5


HSPD-5 (Management of Domestic Incidents) of February 28, 2003 is amended as follows:


Striking "prevent, prepare for, respond to, and recover from" in section 3 and inserting "prevent, protect against, respond to, and recover from";
After "coordinating Federal" in section 4, inserting "preparedness activities and", and striking "prepare for";
Striking "preventing, preparing for, responding to, and recovering from" in section 7 and inserting "preparedness and activities to prevent, protect against, respond to, and recover from";
Striking "prevention, preparation, response, and recovery from" in section 10 and inserting "preparedness and activities to prevent, protect against, respond to, and recover from";
Striking "prepare for," in section 12 and inserting "protect against,";
Striking "prevention, preparedness, response, and recovery plans" in section 16 and inserting "prevention, protection, response, and recovery plans for use during an impending or actual incident"; and
Striking "prevention, preparedness," in section 18 and inserting "preparedness and operational prevention, protection,".


Conforming Amendments to HSPD-8


HSPD-8 (National Preparedness) of December 17, 2003 is amended as follows:


Striking "prevent and respond to" in section 1 and inserting "prevent, protect against, respond to, and recover from";
After "prevent," in section 2(h), inserting "protect against,";
After "prevention" in section 3, inserting "and protection";
After "prevent" in section 6,inserting "protect against";
After "prevention" in section 17, inserting "protection"; and
After "prevent" in section 19, inserting "protect against".

HSPD-8 Analysis and Limitations--Part 1-Text as Issued

The text of HSPD-8 as it originally appeared follows:
HSPD 8 Full Text
Homeland Security Presidential Directive-8

December 17, 2003

SUBJECT: National Preparedness

Purpose

This directive establishes policies to strengthen the preparedness of the United States to prevent and respond to threatened or actual domestic terrorist attacks, major disasters, and other emergencies by requiring a national domestic all-hazards preparedness goal, establishing mechanisms for improved delivery of Federal preparedness assistance to State and local governments, and outlining actions to strengthen preparedness capabilities of Federal, State, and local entities.


Definitions


For the purposes of this directive:
The term "all-hazards preparedness" refers to preparedness for domestic terrorist attacks, major disasters, and other emergencies.
The term "Federal departments and agencies" means those executive depart-ments enumerated in 5 U.S.C. 101, and 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.
The term "Federal preparedness assistance" means Federal department and agency grants, cooperative agreements, loans, loan guarantees, training, and/or technical assistance provided to State and local governments and the private sector to prevent, prepare for, respond to, and recover from terrorist attacks, major disasters, and other emergencies. Unless noted otherwise, the term "assistance" will refer to Federal assistance programs.
The term "first responder" refers to those individuals who in the early stages of an incident are responsible for the protection and preservation of life, property, evidence, and the environment, including emergency response providers as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101), as well as emergency management, public health, clinical care, public works, and other skilled support personnel (such as equipment operators) that provide immediate support services during prevention, response, and recovery operations.
The terms "major disaster" and "emergency" have the meanings given in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).
The term "major events" refers to domestic terrorist attacks, major disasters, and other emergencies.
The term "national homeland security preparedness-related exercises" refers to homeland security-related exercises that train and test national decision makers and utilize resources of multiple Federal departments and agencies. Such exercises may involve State and local first responders when appropriate. Such exercises do not include those exercises conducted solely within a single Federal department or agency.
The term "preparedness" refers to the existence of plans, procedures, policies, training, and equipment necessary at the Federal, State, and local level to maximize the ability to prevent, respond to, and recover from major events. The term "readiness" is used interchangeably with preparedness.
The term "prevention" refers to activities undertaken by the first responder community during the early stages of an incident to reduce the likelihood or consequences of threatened or actual terrorist attacks. More general and broader efforts to deter, disrupt, or thwart terrorism are not addressed in this directive.
The term "Secretary" means the Secretary of Homeland Security.
The terms "State," and "local government," when used in a geographical sense, have the same meanings given to those terms in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).


Relationship to HSPD-5


This directive is a companion to HSPD-5, which identifies steps for improved coordination in response to incidents. This directive describes the way Federal departments and agencies will prepare for such a response, including prevention activities during the early stages of a terrorism incident.


Development of a National Preparedness Goal


The Secretary is the principal Federal official for coordinating the implementation of all-hazards preparedness in the United States. In cooperation with other Federal departments and agencies, the Secretary coordinates the preparedness of Federal response assets, and the support for, and assessment of, the preparedness of State and local first responders.
To help ensure the preparedness of the Nation to prevent, respond to, and recover from threatened and actual domestic terrorist attacks, major disasters, and other emergencies, the Secretary, in coordination with the heads of other appropriate Federal departments and agencies and in consultation with State and local governments, shall develop a national domestic all-hazards preparedness goal. Federal departments and agencies will work to achieve this goal by:
providing for effective, efficient, and timely delivery of Federal preparedness assistance to State and local governments; and
supporting efforts to ensure first responders are prepared to respond to major events, especially prevention of and response to threatened terrorist attacks.


The national preparedness goal will establish measurable readiness priorities and targets that appropriately balance the potential threat and magnitude of terrorist attacks, major disasters, and other emergencies with the resources required to prevent, respond to, and recover from them. It will also include readiness metrics and elements that support the national preparedness goal including standards for preparedness assessments and strategies, and a system for assessing the Nation's overall preparedness to respond to major events, especially those involving acts of terrorism.
The Secretary will submit the national preparedness goal to me through the Homeland Security Council (HSC) for review and approval prior to, or concurrently with, the Department of Homeland Security's Fiscal Year 2006 budget submission to the Office of Management and Budget.


Federal Preparedness Assistance


The Secretary, in coordination with the Attorney General, the Secretary of Health and Human Services (HHS), and the heads of other Federal departments and agencies that provide assistance for first responder preparedness, will establish a single point of access to Federal preparedness assistance program information within 60 days of the issuance of this directive. The Secretary will submit to me through the HSC recommendations of specific Federal department and agency programs to be part of the coordinated approach. All Federal departments and agencies will cooperate with this effort. Agencies will continue to issue financial assistance awards consistent with applicable laws and regulations and will ensure that program announcements, solicitations, application instructions, and other guidance documents are consistent with other Federal preparedness programs to the extent possible. Full implementation of a closely coordinated interagency grant process will be completed by September 30, 2005.
To the extent permitted by law, the primary mechanism for delivery of Federal preparedness assistance will be awards to the States. Awards will be delivered in a form that allows the recipients to apply the assistance to the highest priority preparedness requirements at the appro-priate level of government. To the extent permitted by law, Federal preparedness assistance will be predicated on adoption of Statewide comprehensive all-hazards preparedness strategies. The strategies should be consistent with the national preparedness goal, should assess the most effective ways to enhance preparedness, should address areas facing higher risk, especially to terrorism, and should also address local government concerns and Citizen Corps efforts. The Secretary, in coordination with the heads of other appropriate Federal departments and agencies, will review and approve strategies submitted by the States. To the extent permitted by law, adoption of approved Statewide strategies will be a requirement for receiving Federal preparedness assistance at all levels of government by September 30, 2005.
In making allocations of Federal preparedness assistance to the States, the Secretary, the Attorney General, the Secretary of HHS, the Secretary of Transportation, the Secretary of Energy, the Secretary of Veterans Affairs, the Administrator of the Environmental Protection Agency, and the heads of other Federal departments and agencies that provide assistance for first responder preparedness will base those allocations on assessments of population concentrations, critical infrastructures, and other significant risk factors, particularly terrorism threats, to the extent permitted by law.
Federal preparedness assistance will support State and local entities' efforts including planning, training, exercises, interoperability, and equipment acquisition for major events as well as capacity building for prevention activities such as information gathering, detection, deterrence, and collaboration related to terrorist attacks. Such assistance is not primarily intended to support existing capacity to address normal local first responder operations, but to build capacity to address major events, especially terrorism.
The Attorney General, the Secretary of HHS, the Secretary of Transportation, the Secretary of Energy, the Secretary of Veterans Affairs, the Administrator of the Environmental Protection Agency, and the heads of other Federal departments and agencies that provide assistance for first responder preparedness shall coordinate with the Secretary to ensure that such assistance supports and is consistent with the national preparedness goal.
Federal departments and agencies will develop appropriate mechanisms to ensure rapid obligation and disbursement of funds from their programs to the States, from States to the local community level, and from local entities to the end users to derive maximum benefit from the assistance provided. Federal departments and agencies will report annually to the Secretary on the obligation, expenditure status, and the use of funds associated with Federal preparedness assistance programs.


Equipment


The Secretary, in coordination with State and local officials, first responder organizations, the private sector and other Federal civilian departments and agencies, shall establish and implement streamlined procedures for the ongoing development and adoption of appropriate first responder equipment standards that support nationwide interoperability and other capabilities consistent with the national preparedness goal, including the safety and health of first responders.
To the extent permitted by law, equipment purchased through Federal preparedness assistance for first responders shall conform to equipment standards in place at time of purchase. Other Federal departments and agencies that support the purchase of first responder equipment will coordinate their programs with the Department of Homeland Security and conform to the same standards.
The Secretary, in coordination with other appropriate Federal departments and agencies and in consultation with State and local governments, will develop plans to identify and address national first responder equipment research and development needs based upon assessments of current and future threats. Other Federal departments and agencies that support preparedness research and development activities shall coordinate their efforts with the Department of Homeland Security and ensure they support the national preparedness goal.


Training and Exercises


The Secretary, in coordination with the Secretary of HHS, the Attorney General, and other appropriate Federal departments and agencies and in consultation with State and local governments, shall establish and maintain a comprehensive training program to meet the national preparedness goal. The program will identify standards and maximize the effectiveness of existing Federal programs and financial assistance and include training for the Nation's first responders, officials, and others with major event preparedness, prevention, response, and recovery roles. Federal departments and agencies shall include private organizations in the accreditation and delivery of preparedness training as appropriate and to the extent permitted by law.
The Secretary, in coordination with other appropriate Federal departments and agencies, shall establish a national program and a multi-year planning system to conduct homeland security preparedness-related exercises that reinforces identified training standards, provides for evaluation of readiness, and supports the national preparedness goal. The establishment and maintenance of the program will be conducted in maximum collaboration with State and local governments and appropriate private sector entities. All Federal departments and agencies that conduct national homeland security preparedness-related exercises shall participate in a collaborative, interagency process to designate such exercises on a consensus basis and create a master exercise calendar. The Secretary will ensure that exercises included in the calendar support the national preparedness goal. At the time of designation, Federal departments and agencies will identify their level of participation in national homeland security preparedness- related exercises. The Secretary will develop a multi-year national homeland security preparedness-related exercise plan and submit the plan to me through the HSC for review and approval.
The Secretary shall develop and maintain a system to collect, analyze, and disseminate lessons learned, best practices, and information from exercises, training events, research, and other sources, including actual incidents, and establish procedures to improve national preparedness to prevent, respond to, and recover from major events. The Secretary, in coordination with other Federal departments and agencies and State and local governments, will identify relevant classes of homeland-security related information and appropriate means of transmission for the information to be included in the system. Federal departments and agencies are directed, and State and local governments are requested, to provide this information to the Secretary to the extent permitted by law.


Federal Department and Agency Preparedness


The head of each Federal department or agency shall undertake actions to support the national preparedness goal, including adoption of quantifiable performance measurements in the areas of training, planning, equipment, and exercises for Federal incident management and asset preparedness, to the extent permitted by law. Specialized Federal assets such as teams, stockpiles, and caches shall be maintained at levels consistent with the national preparedness goal and be available for response activities as set forth in the National Response Plan, other appropriate operational documents, and applicable authorities or guidance. Relevant Federal regulatory requirements should be consistent with the national preparedness goal. Nothing in this directive shall limit the authority of the Secretary of Defense with regard to the command and control, training, planning, equipment, exercises, or employment of Department of Defense forces, or the allocation of Department of Defense resources.
The Secretary, in coordination with other appropriate Federal civilian departments and agencies, shall develop and maintain a Federal response capability inventory that includes the performance parameters of the capability, the timeframe within which the capability can be brought to bear on an incident, and the readiness of such capability to respond to domestic incidents. The Department of Defense will provide to the Secretary information describing the organizations and functions within the Department of Defense that may be utilized to provide support to civil authorities during a domestic crisis.


Citizen Participation


The Secretary shall work with other appropriate Federal departments and agencies as well as State and local governments and the private sector to encourage active citizen participation and involvement in preparedness efforts. The Secretary shall periodically review and identify the best community practices for integrating private citizen capabilities into local preparedness efforts.


Public Communication


The Secretary, in consultation with other Federal departments and agencies, State and local governments, and non-governmental organizations, shall develop a comprehensive plan to provide accurate and timely preparedness information to public citizens, first responders, units of government, the private sector, and other interested parties and mechanisms for coordination at all levels of government.


Assessment and Evaluation


The Secretary shall provide to me through the Assistant to the President for Homeland Security an annual status report of the Nation's level of preparedness, including State capabilities, the readiness of Federal civil response assets, the utilization of mutual aid, and an assessment of how the Federal first responder preparedness assistance programs support the national preparedness goal. The first report will be provided within 1 year of establishment of the national preparedness goal.
Nothing in this directive alters, or impedes the ability to carry out, the authorities of the Federal departments and agencies to perform their responsibilities under law and consistent with applicable legal authorities and presidential guidance.
Actions pertaining to the funding and administration of financial assistance and all other activities, efforts, and policies in this directive shall be executed in accordance with law. To the extent permitted by law, these policies will be established and carried out in consultation with State and local governments.
This directive is intended only to improve the internal management of the executive branch of the Federal Government, and it is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person.

The Limitations of HSPD-5 for Domestic Crisis Management-TEXT of HSPD-5

The full text of the original version of HSPD-5 appears below:

HSPD 5 Full Text
Homeland Security Presidential Directive-5

February 28, 2003

SUBJECT: Management of Domestic Incidents

Purpose

To enhance the ability of the United States to manage domestic incidents by establishing a single, comprehensive national incident management system.

Definitions


In this directive:
the term "Secretary" means the Secretary of Homeland Security.
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.
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


To prevent, prepare for, respond to, and recover from terrorist attacks, major disasters, and other emergencies, the United States Government shall establish a single, compre-hensive 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 crisis management and consequence management as a single, integrated function, rather than as two separate functions.


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.


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.


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.


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.


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.


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 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.


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.


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.


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.


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


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.


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.


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 unclassified. If certain operational aspects require classification, they shall be included in classified annexes to the NRP.


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.
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 opera-tional plans or annexes, as appropriate, including public affairs and intergovernmental communications.
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.
The NRP will include rigorous requirements for continuous improvements from testing, exercising, experience with incidents, and new information and technologies.


The Secretary shall:


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.
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.
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.


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.


The head of each Federal department and agency shall:


By June 1, 2003, make initial revisions to existing plans in accordance with the initial version of the NRP.
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.


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.

HSPDs 1-10

Still substantially unrevised set forth below is a brief description of the contents of the first 10 HSPDs.

VLG Technical Note 2010-4-21
This note serves to briefly describe the original first 10 HSPDs

HOMELAND SECURITY PRESIDENTIAL DIRECTIVES


1. HSPD 1 Organization and Operation of the Homeland Security Council-29 Oct 01 http://www.fas.org/irp/offdocs/nspd/hspd-1.htm

This directive implements and clarifies authority of the Homeland Security Council established by E.O. 13228 of October 8, 2001, “Establishing the Office of Homeland Security and the Homeland Security Council” 3 CFR, 2001 Comp., p.796. It is interesting to note that commentary already exists that establishment of this Office was a mistake in that the National Security Council was designed to integrate domestic, military, and foreign policy to design a national security policy that protects the people and property of the United States. The National Security Council was established by statute (the National Security Act of 1947). The Homeland Security Act of 2002 (Public Law 107-296, November 25, 2002) gives a statutory mandate for existence of the Council although without elaborating on EO13228 or HSPD 1.

Perhaps the policy coordinating committees established by this directive are usefully listed since they reflect the early thinking on the need for new thinking on homeland security policy that existed shortly after 9/11. Eleven HSC Policy Coordination Committees were established to be chaired by a designated Senior Director from the Office of Homeland Security. These include the following:

1. Detection, Surveillance, and Intelligence;
2. Plans, Training, Exercises, and Evaluation;
3. Law Enforcement and Investigation;
4. Weapons of Mass Destruction (WMD) Consequence Management;
5. Key Asset, Border, Territorial Waters, and Airspace Security;
6. Domestic Transportation Security;
7. Research and Development;
8. Medical and Public Health Preparedness;
9. Domestic Threat Response and Incident Management;
10. Economic Consequences;
11. Public Affairs.

The current operations and staff of these committees are unknown.




2. HSPD 2 Combating Terrorism Through Immigration Policies 29 Oct 01 http://www.fas.org/irp/offdocs/nspd/hspd-2.htm

This directive was designed to assist in implementing the policy of the United States to prevent aliens who engage in or support terrorist activity from entering the United States and to detain, prosecute, or deport any such aliens who are within the United States. This directive authorized the creation of the Foreign Terrorist Tracking Task Force to accomplish the directive’s purposes.
The directive also authorizes enhanced intelligence capability by the INS and Customs Service (now part of DHS since March 1, 2003). The directive also focused on the abuse of student status and authorized new guidelines and new control mechanisms such as limited duration student status. It also authorizes exemptions from new restrictions.
The directive authorizes new efforts with Mexico and Canada to smooth efforts to resolve inconsistencies in immigration policies between the United States and those countries.
Finally, authorized development by the Director OSTP of new budget support and legislation for the use of Advanced Technology for immigration support issues, including recommendations for technology to facilitate rapid identification of aliens, and utilization of government databases can have their ability maximized to detect, identify, locate, and apprehend potential terrorists in the United States.

3. HSPD 3 Homeland Security Advisory System-11 March 02
http://www.fas.org/irp/offdocs/nspd/hspd-3.htm

This directive was designed to provide an effective means to disseminate information regarding the risk of terrorist acts to Federal, State, and local authorities and the American people by providing warnings in the form of a graduated set of “Threat Conditions” that change as the risk changes. Federal departments and agencies would implement their “Protective Measures” as there is a change in the status of the warnings.
Extremely controversial, the warning system has been criticized for its effectiveness. Originally designed to be publicly announced by the Attorney General, the Homeland Security Act of 2002, made the responsibility a principle one for the Secretary DHS.

Most important, the Threat Condition assignment from the beginning was designed to be based on a qualitative assessment, not quantitative calculation. Higher conditions are to reflect both probability, however, and consequences. The factors for assessment include the following:

1) To what degree is the threat information credible?
2) To what degree is the threat information corroborated?
3) To what degree is the threat specific and/or imminent?
4) How grave are the potential consequences of the threat?

The actual conditions include:
1) Low Condition (Green);
2) Guarded Condition (Blue);
3) Elevated Condition (Yellow);
4) High Condition (Orange);
5) Severe Condition (Red).

While the directive gave 45 days for public comment it is unclear whether modifications in the criteria have been changed. The conditions themselves have remained the same since the issuance of the directive in March 2002.



4. HSPD 4 National Strategy to Combat Weapons of Mass Destruction-11 Dec 02
http://www.fas.org/irp/offdocs/nspd-17.html

HSPD 4 is the unclassified version of National Security Presidential Directive 17. HSPD 4 provides a discussion of the administration’s strategy for countering Weapons of Mass Destruction (WMD) and their proliferation. The strategy rests on three pillars.

First, Counterproliferation to Combat WMD use. This includes capabilities to combat WMD are integrated into defense transformation measures and homeland security posture. Counterproliferation will also be fully integrated into the basic doctrine, training, and equipping of all forces in order to ensure that they can sustain operations to decisively defeat WMD-armed adversaries.

Second, strengthened nonproliferation to combat WMD proliferation. The United States and its allies and friends must undertake every effort to prevent states and terrorists from acquiring WMD and missiles. This includes diplomacy, arms control, multilateral agreements, threat reduction assistance and export controls. It also includes ensuring compliance with the Nuclear Nonproliferation Treaty, Chemical Weapons Convention, and the Biological Weapons Convention. New methods of prevention will be pursued, including national criminalization of proliferation activities.

Third, Consequence management to respond to WMD use. The United States must be prepared to respond to the use of WMD against our citizens, our military forces, and hose of friends and allies.

All of the above must operate as seamless elements of a comprehensive approach. In many regards HSPD 4 relies on recommendations in a report submitted in 1999.

In July 1999 the so-called “Deutch” report on combating proliferation of WMD was submitted to the Congress. The Commission was established in January 1998 to perform its assessment and report to Congress on specific administrative, legislative, and other
changes it believes would improve U.S. performance in combating proliferation.


The full title is as follows:

Combating Proliferation of
Weapons of Mass Destruction

Report of the Commission to Assess the Organization
of the Federal Government to Combat the Proliferation of
Weapons of Mass Destruction Pursuant to Public Law 293, 104 th Congress.

In accordance with the Intelligence Authorization Act for Fiscal Year 1997
(P.L. 104-283) and the Omnibus Consolidated and Emergency Supplemental
Appropriations Act of 1999 (P.L. 105-277), we hereby submit the report of the
Commission to Assess the Organization of the Federal Government to Combat the
Proliferation of Weapons of Mass Destruction.

The unclassified version of the report is available at www.mipt.org

Another report of interest on WMD consequences management is the
Report to Congress on Response to Threats
of Terrorist Use of Weapons of Mass Destruction
This report was submitted in January 1997 by the Federal Emergency Management Agency after coordination with the Attorney General and Secretary of Defense and is available at www.mipt.org
This background is important because the WMD consequence management section of HSPD 4 is of interest to Federal, state and local officials and private persons involved in emergency response program, functions, and activities.
“Defending the American homeland is the most basic responsibility of our government . . . The National Strategy for Homeland Security discusses U.S. Government programs to deal with the consequences of the use of a chemical, biological, radiological, or nuclear weapon in the United States. To maximize their effectiveness, these efforts need to be integrated and comprehensive. Our first responders must have the full range of protective, medical, and remediation tools to identify, assess, and respond rapidly to a WMD event on our territory.”
Finally, the HSPD elaborates on the following improvements:
1) Improved intelligence collection and analysis;
2) Research and development;
3) Strengthened international cooperation;
4) Targeted strategies against proliferants.

Another activity that should be followed in connection with WMD proliferation issues is the Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction, established by Executive Order 13328, February 6, 2004.

5. HSPD 5 Management of Domestic Incidents- 28 Feb 03
http://www.fas.org/irp/offdocs/nspd/hspd-5.htm

Reflecting one of the key policy decisions made since 9/11, this directive mandates the adoption of incident command principles for the federal response to terrorist events and their aftermath. The directive names the Secretary of Homeland Security as the principal Federal official for domestic incident management. Important issues of federalism are recognized in the directive in language such as the following:

“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 [bold and underlining added] 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.”

Even while recognizing the federal system mandated by the U.S. Constitution the language above continues the present confusion on exactly when and where and who from the federal government will show up in a terrorist/wmd event. “All-hazards plans” is code for the fact that most humanitarian assistance whether hurricane, tornado, or flood is provided by the same personnel and systems that would provide such assistance in a terrorist/wmd event. HSPD 5 is interpreted as mandating, along with the National Strategy for Homeland Security (July 2002)[Revised 2007] and the Homeland Security Act of 2002 (November 25, 2002) that various federal response plans including the Federal Response Plan (Pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 100-707 codified at 42 United States Code Sections 5121-5206); the Federal Radiological Emergency Response Plan [FRERP] promulgated pursuant to EO 12241; the National Contingency Plan [See EO 12560, as amended]; the Con-op Plan for a Terrorist Event all be merged into a single National Response Plan that also identifies State and local linkages.

HSPD 5 has now been supplemented by HSPD 8 issued December 2003. Target dates in HSPD 5 were largely missed but see the National Incident Management System issued March 1, 2004. http://www.dhs.gov/interweb/assetlibrary/NIMS-90-web.pdf



6. HSPD 6 Integration and Use of Screening Information- 16 Sep 03
http://www.fas.org/irp/offdocs/nspd/hspd-6.html

This directive is designed to assist in the development and improvement in systems to screen foreign visitors and improve the flow of information about individuals to the Terrorist Threat Integration Center (TTIC) operated by the CIA together with the participation of the FBI and the Department of Homeland Security.

The directive recognizes that as of its issuance the United States did not have a system to
1) Develop, integrate and maintain thorough, accurate, and current information about individuals know or appropriately suspected to be or have been engaged in conduct constitution, in preparation for, in aid of, or related to terrorism (Terrorist Information);
2) Use that information as appropriate and to the full extent permitted by law to support (a0 Federal, State, local, territorial, tribal, foreign-government, and private-sector screening processes, and (b) diplomatic, military, intelligence, law enforcement, immigration, visa, and protective processes.

The Secretary, DHS, is to develop Screening guidelines to assist those organizations that are involved with screen including private entities, including privacy safeguards.


7. HSPD 7, Critical Infrastructure Identification, Prioritization, and Protection- 17 Dec 03
http://www.fas.org/irp/offdocs/nspd/hspd-7.html

This directive specifically supersedes Presidential Decision Directive/NSC-63 issued May 22, 1998. That directive was an executive branch response to the issuance of the report by the so-called “Marsh Commission” actually the President’s Commission on Critical Infrastructure Protection in 1997. See also EO 13010 “Critical Infrastructure Protection” and EO 13231, “Critical Infrastructure Protection in the Information Age.”

The Secretary DHS is assigned a variety of missions in this directive but primarily the Secretary is to coordinate protection activities for each of the following critical infrastructure sectors:
1) Information technology and telecommunications;
2) Chemical;
3) transportation systems, including mass transit; aviation, maritime, ground/surface, and rail and pipeline systems;
4) emergency services;
5) postal; shipping.
6) Focal point for cyberspace issues.

Specific agencies are charged with lead roles as Sector-Specific Agencies, including:
1) Department of Agriculture—agriculture, food (meat, poultry, egg products);
2) Health and Human Services—public health, healthcare, and food (other than meat, poultry, and egg products.)
3) Environmental Protection Agency—drinking water and water treatment systems;
4) Department of Energy—energy, including the production, refining, storage, and distribution of oil and gas, and electric power except for commercial nuclear power facilities;
5) Department of the Treasury—banking and finance;
6) Department of the Interior—national monuments and icons; and
7) Department of Defense—defense industrial base.

Each of the Sector-Specific Agencies are mandated to collaborate with all governmental and private entities in their sector. They are also mandated to conduct or facilitate vulnerability assessments of the sector; and to encourage risk management strategies to protect and mitigate the effects of attacks against critical infrastructure and key resources.

A number of assignments are given to other Departments and agencies, but most importantly the establishment of a Critical Infrastructure Protection Policy Coordinating Committee will advise the Homeland Security Council on interagency policy related to physical and cyber infrastructure protection.

The directive also authorizes the Secretary DHS, after consultation with the Homeland Security Council to designate national level events, such as the political conventions, as “National Special Security Events.”

The directive mandates the Secretary DHS produce a comprehensive and integrated National Plan for Critical Infrastructure and Key Resources Protection.

A June 2002 National Academy of Science report “Making the Nation Safer” addresses some of the technical (scientific and engineering) infrastructure protection issues this directive attempts to address.

Several of the National Strategies issued since 9/11 address critical infrastructure protection including the National Strategy to Provide Physical Protection of Critical Infrastructure and Key Assets.

A recent focus on securing control systems for critical infrastructure is discussed in GAO Report GAO-04-354, Critical Infrastructure Protection-Challenges and Efforts to Secure Control Systems, March 2004.


8. HSPD 8, National Preparedness-17 Dec 03
http://www.fas.org/irp/offdocs/nspd/hspd-8.html


This Directive mandates the development of a national domestic all-hazards preparedness goal, including measurable readiness priorities, targets, and metrics; standards for preparedness assessments and strategies; and a system for assessing the Nation’s overall preparedness to respond to major events. The directive reinforces and complements HSPD 5 and requires that the National Response Plan address terrorism prevention efforts. The House of Representatives Committee on Appropriations in Report 108-541 issued June 15, 2004 requires that all FY2005 DHS grants must include baseline assessment guidance, and that a complete Federal response capabilities inventory be completed by March 15, 2005.


9. HSPD 9 Defense of the United States Agriculture and Food- 30 Jan 04 http://www.fas.org/irp/offdocs/nspd/hspd-9.html


This directive establishes a national policy to defend the agricultural and food system against terrorist attacks, major, disasters, and other emergencies. Several definitions that appear elsewhere are utilized in the directive, including “critical infrastructure” which has the meaning given to that term in section 1016 (e) of the Patriot Act of 2001 (6 U.S.C. 101(9).

The key mandate of the directive is to various departments and agencies to develop robust, comprehensive, and fully coordinated surveillance and monitoring systems, including international information for animal and plant disease, wildlife disease, and food, public health, and water quality that provides early detection and awareness of disease, pest, or poisonous agents. These organizations are also to develop and enhance intelligence operations and analysis capabilities focusing on the agriculture, food, and water sectors.

Finally the directive mandates vulnerability assessments, mitigation strategies, and response and recovery planning for threats to agriculture and food and in particular Bioterrorism. This is accomplished in part by mandating a National Veterinary Stockpile [NVS](vaccines and other therapeutic products) in coordination with the Strategic National Stockpile (vaccines for human use). Also mandated is a National Plant Disease Recovery System [NPDRS] capable of responding with pest control measures and use of resistant seed varieties (utilizing the U.S. National Plant Germplasm System).

A research and development mandate is also contained in the directive designed to stimulate production of new plant and animal protective countermeasures. This includes establishment of new laboratories and university based centers of excellence.

10. HSPD 10—Biodefense for the 21st Century, April 28, 2004
http://www.fas.org/irp/offdocs/nspd/hspd-10.html

After listing accomplishments in Bioterrorism defense, the directive outlines the pillars of the U.S. Bioterrorism defense program including:
1) Threat Awareness;
2) Prevention and Protection;
3) Surveillance and Detection; and
4) Response and Recovery.

First, threat awareness focuses on biological warfare related intelligence, including so-called red-teaming. Mandated periodic assessments to assist in developing priorities and high level net-assessments that evaluate progress in identification of gaps and vulnerabilities in biodefense. The directive also mandates efforts to anticipate future threats.

Second, so-called pro-active prevention is mandated by enhancing diplomacy, arms control, law enforcement, multilateral export controls, and threat reduction assistance.
Citing the National Strategy to Combat Weapons of Mass Destruction, released in December 2002, development of improved capability to detect and destroy any adversary’s biological weapons is emphasized. Again, the directive emphasizes the protection of critical infrastructure from Bioterrorism.

Third, early warning, detection and recognition of employment of biological weapons must be developed to permit timely response and mitigate consequences. Creation of a national bioawareness system is mandated to permit early warning and prevent unnecessary loss of life, economic losses, and social disruption. Deterrence is discussed in the context of improving capability to perform technical forensic analysis and the creation of the National Bioforensic Analysis Center of the National Biodefense Analysis and Countermeasure Center, both under DHS.

Finally, a biological response annex is mandated for the National Response Plan (NRP). The periodic exercise of that plan is mandated by the directive, including aspects of mass casualty care and medical countermeasures. This includes effective risk communications with the general public and the medical and public health communities.

For a recent discussion of progress on Bioterrorism preparedness, response and recovery see a briefing by the General Accountability Office to Congress transmitted February 10, 2004, subject: HHS Bioterrorism Preparedness Programs: States Reported Progress but Fell Short of Program Goals for 2002 (GAO-04-360R)



Note that this VLG technical note is now several years old but is reproduced in order to provide a baseline on the first 10 HSPDs.