Homeland Security Presidential Directive/HSPD-5

Homeland Security Presidential Directive-5
February 28, 2003
SUBJECT: Management of Domestic Incidents
Purpose
1. To enhance the ability of the United States to manage domestic incidents by establishing
a single, comprehensive national incident management system.
Definitions
2. In this directive:
a. the term "Secretary" means the Secretary of Homeland Security.
b. the term "Federal departments and agencies" means those executive departments
enumerated in 5 U.S.C. 101, together with the Department of Homeland Security;
independent establishments as defined by 5 U.S.C. 104(1); government
corporations as defined by 5 U.S.C. 103(1); and the United States Postal Service.
c. the terms "State," "local," and the "United States" when it is used in a
geographical sense, have the same meanings as used in the Homeland Security
Act of 2002, Public Law 107-296.
Policy
3. To prevent, prepare for, respond to, and recover from terrorist attacks, major disasters,
and other emergencies, the United States Government shall establish a single, comprehensive approach to domestic incident management. The objective of the United States
Government is to ensure that all levels of government across the Nation have the
capability to work efficiently and effectively together, using a national approach to
domestic incident management. In these efforts, with regard to domestic incidents, the
United States Government treats crisis management and consequence management as a
single, integrated function, rather than as two separate functions.
4. The Secretary of Homeland Security is the principal Federal official for domestic incident
management. Pursuant to the Homeland Security Act of 2002, the Secretary is
responsible for coordinating Federal operations within the United States to prepare for,
respond to, and recover from terrorist attacks, major disasters, and other emergencies.
The Secretary shall coordinate the Federal Government's resources utilized in response to
or recovery from terrorist attacks, major disasters, or other emergencies if and when any
one of the following four conditions applies: (1) a Federal department or agency acting
under its own authority has requested the assistance of the Secretary; (2) the resources of
State and local authorities are overwhelmed and Federal assistance has been requested by
the appropriate State and local authorities; (3) more than one Federal department or
agency has become substantially involved in responding to the incident; or (4) the
Secretary has been directed to assume responsibility for managing the domestic incident
by the President.

5. Nothing in this directive alters, or impedes the ability to carry out, the authorities of
Federal departments and agencies to perform their responsibilities under law. All Federal
departments and agencies shall cooperate with the Secretary in the Secretary's domestic
incident management role.
6. The Federal Government recognizes the roles and responsibilities of State and local
authorities in domestic incident management. Initial responsibility for managing domestic
incidents generally falls on State and local authorities. The Federal Government will
assist State and local authorities when their resources are overwhelmed, or when Federal
interests are involved. The Secretary will coordinate with State and local governments to
ensure adequate planning, equipment, training, and exercise activities. The Secretary will
also provide assistance to State and local governments to develop all-hazards plans and
capabilities, including those of greatest importance to the security of the United States,
and will ensure that State, local, and Federal plans are compatible.
7. The Federal Government recognizes the role that the private and nongovernmental
sectors play in preventing, preparing for, responding to, and recovering from terrorist
attacks, major disasters, and other emergencies. The Secretary will coordinate with the
private and nongovernmental sectors to ensure adequate planning, equipment, training,
and exercise activities and to promote partnerships to address incident management
capabilities.
8. The Attorney General has lead responsibility for criminal investigations of terrorist acts
or terrorist threats by individuals or groups inside the United States, or directed at United
States citizens or institutions abroad, where such acts are within the Federal criminal
jurisdiction of the United States, as well as for related intelligence collection activities
within the United States, subject to the National Security Act of 1947 and other
applicable law, Executive Order 12333, and Attorney General-approved procedures
pursuant to that Executive Order. Generally acting through the Federal Bureau of
Investigation, the Attorney General, in cooperation with other Federal departments and
agencies engaged in activities to protect our national security, shall also coordinate the
activities of the other members of the law enforcement community to detect, prevent,
preempt, and disrupt terrorist attacks against the United States. Following a terrorist
threat or an actual incident that falls within the criminal jurisdiction of the United States,
the full capabilities of the United States shall be dedicated, consistent with United States
law and with activities of other Federal departments and agencies to protect our national
security, to assisting the Attorney General to identify the perpetrators and bring them to
justice. The Attorney General and the Secretary shall establish appropriate relationships
and mechanisms for cooperation and coordination between their two departments.
9. Nothing in this directive impairs or otherwise affects the authority of the Secretary of
Defense over the Department of Defense, including the chain of command for military
forces from the President as Commander in Chief, to the Secretary of Defense, to the
commander of military forces, or military command and control procedures. The
Secretary of Defense shall provide military support to civil authorities for domestic
incidents as directed by the President or when consistent with military readiness and
appropriate under the circumstances and the law. The Secretary of Defense shall retain

command of military forces providing civil support. The Secretary of Defense and the
Secretary shall establish appropriate relationships and mechanisms for cooperation and
coordination between their two departments.
10. The Secretary of State has the responsibility, consistent with other United States
Government activities to protect our national security, to coordinate international
activities related to the prevention, preparation, response, and recovery from a domestic
incident, and for the protection of United States citizens and United States interests
overseas. The Secretary of State and the Secretary shall establish appropriate
relationships and mechanisms for cooperation and coordination between their two
departments.
11. The Assistant to the President for Homeland Security and the Assistant to the President
for National Security Affairs shall be responsible for interagency policy coordination on
domestic and international incident management, respectively, as directed by the
President. The Assistant to the President for Homeland Security and the Assistant to the
President for National Security Affairs shall work together to ensure that the United
States domestic and international incident management efforts are seamlessly united.
12. The Secretary shall ensure that, as appropriate, information related to domestic incidents
is gathered and provided to the public, the private sector, State and local authorities,
Federal departments and agencies, and, generally through the Assistant to the President
for Homeland Security, to the President. The Secretary shall provide standardized,
quantitative reports to the Assistant to the President for Homeland Security on the
readiness and preparedness of the Nation -- at all levels of government -- to prevent,
prepare for, respond to, and recover from domestic incidents.
13. Nothing in this directive shall be construed to grant to any Assistant to the President any
authority to issue orders to Federal departments and agencies, their officers, or their
employees.
Tasking
14. The heads of all Federal departments and agencies are directed to provide their full and
prompt cooperation, resources, and support, as appropriate and consistent with their own
responsibilities for protecting our national security, to the Secretary, the Attorney
General, the Secretary of Defense, and the Secretary of State in the exercise of the
individual leadership responsibilities and missions assigned in paragraphs (4), (8), (9),
and (10), respectively, above.
15. The Secretary shall develop, submit for review to the Homeland Security Council, and
administer a National Incident Management System (NIMS). This system will provide a
consistent nationwide approach for Federal, State, and local governments to work
effectively and efficiently together to prepare for, respond to, and recover from domestic
incidents, regardless of cause, size, or complexity. To provide for interoperability and
compatibility among Federal, State, and local capabilities, the NIMS will include a core
set of concepts, principles, terminology, and technologies covering the incident command

system; multi-agency coordination systems; unified command; training; identification
and management of resources (including systems for classifying types of resources);
qualifications and certification; and the collection, tracking, and reporting of incident
information and incident resources.
16. The Secretary shall develop, submit for review to the Homeland Security Council, and
administer a National Response Plan (NRP). The Secretary shall consult with appropriate
Assistants to the President (including the Assistant to the President for Economic Policy)
and the Director of the Office of Science and Technology Policy, and other such Federal
officials as may be appropriate, in developing and implementing the NRP. This plan shall
integrate Federal Government domestic prevention, preparedness, response, and recovery
plans into one all-discipline, all-hazards plan. The NRP shall be unclassified. If certain
operational aspects require classification, they shall be included in classified annexes to
the NRP.
a. The NRP, using the NIMS, shall, with regard to response to domestic incidents,
provide the structure and mechanisms for national level policy and operational
direction for Federal support to State and local incident managers and for
exercising direct Federal authorities and responsibilities, as appropriate.
b. The NRP will include protocols for operating under different threats or threat
levels; incorporation of existing Federal emergency and incident management
plans (with appropriate modifications and revisions) as either integrated
components of the NRP or as supporting operational plans; and additional operational plans or annexes, as appropriate, including public affairs and
intergovernmental communications.
c. The NRP will include a consistent approach to reporting incidents, providing
assessments, and making recommendations to the President, the Secretary, and
the Homeland Security Council.
d. The NRP will include rigorous requirements for continuous improvements from
testing, exercising, experience with incidents, and new information and
technologies.
17. The Secretary shall:
a. By April 1, 2003, (1) develop and publish an initial version of the NRP, in
consultation with other Federal departments and agencies; and (2) provide the
Assistant to the President for Homeland Security with a plan for full development
and implementation of the NRP.
b. By June 1, 2003, (1) in consultation with Federal departments and agencies and
with State and local governments, develop a national system of standards,
guidelines, and protocols to implement the NIMS; and (2) establish a mechanism
for ensuring ongoing management and maintenance of the NIMS, including
regular consultation with other Federal departments and agencies and with State
and local governments.
c. By September 1, 2003, in consultation with Federal departments and agencies and
the Assistant to the President for Homeland Security, review existing authorities

and regulations and prepare recommendations for the President on revisions
necessary to implement fully the NRP.
18. The heads of Federal departments and agencies shall adopt the NIMS within their
departments and agencies and shall provide support and assistance to the Secretary in the
development and maintenance of the NIMS. All Federal departments and agencies will
use the NIMS in their domestic incident management and emergency prevention,
preparedness, response, recovery, and mitigation activities, as well as those actions taken
in support of State or local entities. The heads of Federal departments and agencies shall
participate in the NRP, shall assist and support the Secretary in the development and
maintenance of the NRP, and shall participate in and use domestic incident reporting
systems and protocols established by the Secretary.
19. The head of each Federal department and agency shall:
a. By June 1, 2003, make initial revisions to existing plans in accordance with the
initial version of the NRP.
b. By August 1, 2003, submit a plan to adopt and implement the NIMS to the
Secretary and the Assistant to the President for Homeland Security. The Assistant
to the President for Homeland Security shall advise the President on whether such
plans effectively implement the NIMS.
20. Beginning in Fiscal Year 2005, Federal departments and agencies shall make adoption of
the NIMS a requirement, to the extent permitted by law, for providing Federal
preparedness assistance through grants, contracts, or other activities. The Secretary shall
develop standards and guidelines for determining whether a State or local entity has
adopted the NIMS.
Technical and Conforming Amendments to National Security Presidential
Directive-1 (NSPD-1)
21. NSPD-1 ("Organization of the National Security Council System") is amended by
replacing the fifth sentence of the third paragraph on the first page with the following:
"The Attorney General, the Secretary of Homeland Security, and the Director of the
Office of Management and Budget shall be invited to attend meetings pertaining to their
responsibilities.".
Technical and Conforming Amendments to National Security Presidential
Directive-8 (NSPD-8)
22. NSPD-8 ("National Director and Deputy National Security Advisor for Combating
Terrorism") is amended by striking "and the Office of Homeland Security," on page 4,
and inserting "the Department of Homeland Security, and the Homeland Security
Council" in lieu thereof.
Technical and Conforming Amendments to Homeland Security Presidential
Directive-2 (HSPD-2)

23. HSPD-2 ("Combating Terrorism Through Immigration Policies") is amended as follows:
a. striking "the Commissioner of the Immigration and Naturalization Service (INS)"
in the second sentence of the second paragraph in section 1, and inserting "the
Secretary of Homeland Security" in lieu thereof ;
b. striking "the INS," in the third paragraph in section 1, and inserting "the
Department of Homeland Security" in lieu thereof;
c. inserting ", the Secretary of Homeland Security," after "The Attorney General" in
the fourth paragraph in section 1;
d. inserting ", the Secretary of Homeland Security," after "the Attorney General" in
the fifth paragraph in section 1;
e. striking "the INS and the Customs Service" in the first sentence of the first
paragraph of section 2, and inserting "the Department of Homeland Security" in
lieu thereof;
f. striking "Customs and INS" in the first sentence of the second paragraph of
section 2, and inserting "the Department of Homeland Security" in lieu thereof;
g. striking "the two agencies" in the second sentence of the second paragraph of
section 2, and inserting "the Department of Homeland Security" in lieu thereof;
h. striking "the Secretary of the Treasury" wherever it appears in section 2, and
inserting "the Secretary of Homeland Security" in lieu thereof;
i. inserting ", the Secretary of Homeland Security," after "The Secretary of State"
wherever the latter appears in section 3;
j. inserting ", the Department of Homeland Security," after "the Department of
State," in the second sentence in the third paragraph in section 3;
k. inserting "the Secretary of Homeland Security," after "the Secretary of State," in
the first sentence of the fifth paragraph of section 3;
l. striking "INS" in the first sentence of the sixth paragraph of section 3, and
inserting "Department of Homeland Security" in lieu thereof;
m. striking "the Treasury" wherever it appears in section 4 and inserting "Homeland
Security" in lieu thereof;
n. inserting ", the Secretary of Homeland Security," after "the Attorney General" in
the first sentence in section 5; and
o. inserting ", Homeland Security" after "State" in the first sentence of section 6.
Technical and Conforming Amendments to Homeland Security Presidential
Directive-3 (HSPD-3)
24. The Homeland Security Act of 2002 assigned the responsibility for administering the
Homeland Security Advisory System to the Secretary of Homeland Security.
Accordingly, HSPD-3 of March 11, 2002 ("Homeland Security Advisory System") is
amended as follows:
a. replacing the third sentence of the second paragraph entitled "Homeland Security
Advisory System" with "Except in exigent circumstances, the Secretary of
Homeland Security shall seek the views of the Attorney General, and any other
federal agency heads the Secretary deems appropriate, including other members
of the Homeland Security Council, on the Threat Condition to be assigned."

b. inserting "At the request of the Secretary of Homeland Security, the Department
of Justice shall permit and facilitate the use of delivery systems administered or
managed by the Department of Justice for the purposes of delivering threat
information pursuant to the Homeland Security Advisory System." as a new
paragraph after the fifth paragraph of the section entitled "Homeland Security
Advisory System."
c. inserting ", the Secretary of Homeland Security" after "The Director of Central
Intelligence" in the first sentence of the seventh paragraph of the section entitled
"Homeland Security Advisory System".
d. striking "Attorney General" wherever it appears (except in the sentences referred
to in subsections (a) and (c) above), and inserting "the Secretary of Homeland
Security" in lieu thereof; and
e. striking the section entitled "Comment and Review Periods."