Bush lays the foundation for Martial Law:

With scarcely a mention in the mainstream media, President Bush has ordered up a plan for responding to a catastrophic attack. In a new National Security Presidential Directive, Bush lays out his plans for dealing with a catastrophic  emergency. Under that plan, he entrusts himself with the entire federal government, not just the Executive Branch. … It defines a catastrophic emergency as any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S.  population, infrastructure, environment, economy, or government function. This could mean another 9/11, or another Katrina, or a major earthquake in California, I imagine, since it says it would include localized acts of nature, accidents, and  technological or attack-related emergencies.

White House release below the fold…       

NATIONAL SECURITY PRESIDENTIAL DIRECTIVE/NSPD 51

HOMELAND SECURITY PRESIDENTIAL DIRECTIVE/HSPD-

20

Subject: National Continuity Policy

Purpose

(1) This directive establishes a comprehensive national policy on the
continuity of Federal Government structures and operations and a
single National Continuity Coordinator responsible for coordinating
the development and implementation of Federal continuity policies.
This policy establishes “National Essential Functions,” prescribes
continuity requirements for all executive departments and agencies,
and provides guidance for State, local, territorial, and tribal
governments, and private sector organizations in order to ensure a
comprehensive and integrated national continuity program that will
enhance the credibility of our national security posture and enable a
more rapid and effective response to and recovery from a national
emergency.

Definitions

(2) In this directive:

(a) “Category” refers to the categories of executive departments and
agencies listed in Annex A to this directive;

(b) “Catastrophic Emergency” means any incident, regardless of
location, that results in extraordinary levels of mass casualties,
damage, or disruption severely affecting the U.S. population,
infrastructure, environment, economy, or government functions;

(c) “Continuity of Government,” or “COG,” means a coordinated effort
within the Federal Government’s executive branch to ensure that
National Essential Functions continue to be performed during a
Catastrophic Emergency;

(d) “Continuity of Operations,” or “COOP,” means an effort within
individual executive departments and agencies to ensure that Primary
Mission-Essential Functions continue to be performed during a wide
range of emergencies, including localized acts of nature, accidents,
and technological or attack-related emergencies;

(e) “Enduring Constitutional Government,” or “ECG,” means a
cooperative effort among the executive, legislative, and judicial
branches of the Federal Government, coordinated by the President, as a
matter of comity with respect to the legislative and judicial branches
and with proper respect for the constitutional separation of powers
among the branches, to preserve the constitutional framework under
which the Nation is governed and the capability of all three branches
of government to execute constitutional responsibilities and provide
for orderly succession, appropriate transition of leadership, and
interoperability and support of the National Essential Functions
during a catastrophic emergency;

(f) “Executive Departments and Agencies” means the executive
departments enumerated in 5 U.S.C. 101, independent establishments as
defined by 5 U.S.C. 104(1), Government corporations as defined by 5
U.S.C. 103(1), and the United States Postal Service;

(g) “Government Functions” means the collective functions of the heads
of executive departments and agencies as defined by statute,
regulation, presidential direction, or other legal authority, and the
functions of the legislative and judicial branches;

(h) “National Essential Functions,” or “NEFs,” means that subset of
Government Functions that are necessary to lead and sustain the Nation
during a catastrophic emergency and that, therefore, must be supported
through COOP and COG capabilities; and

(i) “Primary Mission Essential Functions,” or “PMEFs,” means those
Government Functions that must be performed in order to support or
implement the performance of NEFs before, during, and in the aftermath
of an emergency.

Policy

(3) It is the policy of the United States to maintain a comprehensive
and effective continuity capability composed of Continuity of
Operations and Continuity of Government programs in order to ensure
the preservation of our form of government under the Constitution and
the continuing performance of National Essential Functions under all
conditions.

Implementation Actions

(4) Continuity requirements shall be incorporated into daily
operations of all executive departments and agencies. As a result of
the asymmetric threat environment, adequate warning of potential
emergencies that could pose a significant risk to the homeland might
not be available, and therefore all continuity planning shall be based
on the assumption that no such warning will be received. Emphasis will
be placed upon geographic dispersion of leadership, staff, and
infrastructure in order to increase survivability and maintain
uninterrupted Government Functions. Risk management principles shall
be applied to ensure that appropriate operational readiness decisions
are based on the probability of an attack or other incident and its
consequences.

(5) The following NEFs are the foundation for all continuity programs
and capabilities and represent the overarching responsibilities of the
Federal Government to lead and sustain the Nation during a crisis, and
therefore sustaining the following NEFs shall be the primary focus of

the Federal Government leadership during and in the aftermath of an
emergency that adversely affects the performance of Government Functions:

(a) Ensuring the continued functioning of our form of government under
the Constitution, including the functioning of the three separate
branches of government;

(b) Providing leadership visible to the Nation and the world and
maintaining the trust and confidence of the American people;

(c) Defending the Constitution of the United States against all
enemies, foreign and domestic, and preventing or interdicting attacks
against the United States or its people, property, or interests;

(d) Maintaining and fostering effective relationships with foreign
nations;

(e) Protecting against threats to the homeland and bringing to justice
perpetrators of crimes or attacks against the United States or its
people, property, or interests;

(f) Providing rapid and effective response to and recovery from the
domestic consequences of an attack or other incident;

(g) Protecting and stabilizing the Nation’s economy and ensuring
public confidence in its financial systems; and

(h) Providing for critical Federal Government services that address
the national health, safety, and welfare needs of the United States.

(6) The President shall lead the activities of the Federal Government
for ensuring constitutional government. In order to advise and assist
the President in that function, the Assistant to the President for
Homeland Security and Counterterrorism (APHS/CT) is hereby designated
as the National Continuity Coordinator. The National Continuity
Coordinator, in coordination with the Assistant to the President for
National

Security Affairs (APNSA), without exercising directive authority,
shall coordinate the development and implementation of continuity
policy for executive departments and agencies. The Continuity Policy
Coordination Committee (CPCC), chaired by a Senior Director from the
Homeland Security Council staff, designated by the National Continuity
Coordinator, shall be the main day-to-day forum for such policy
coordination.

(7) For continuity purposes, each executive department and agency is
assigned to a category in accordance with the nature and
characteristics of its national security roles and

responsibilities in support of the Federal Government’s ability to
sustain the NEFs. The Secretary of Homeland Security shall serve as
the President’s lead agent for coordinating overall

continuity operations and activities of executive departments and
agencies, and in such role shall perform the responsibilities set
forth for the Secretary in sections 10 and 16 of this directive.

(8) The National Continuity Coordinator, in consultation with the
heads of appropriate executive departments and agencies, will lead the
development of a National Continuity Implementation Plan (Plan), which
shall include prioritized goals and objectives, a concept of
operations, performance metrics by which to measure continuity
readiness, procedures for continuity and incident management
activities, and clear direction to executive department and agency
continuity coordinators, as well as guidance to promote
interoperability of Federal Government continuity programs and
procedures with State, local, territorial, and tribal governments, and
private sector owners and operators of critical infrastructure, as
appropriate. The Plan shall be submitted to the President for approval
not later than 90 days after the date of this directive.

(9) Recognizing that each branch of the Federal Government is
responsible for its own continuity programs, an official designated by
the Chief of Staff to the President shall ensure that the executive
branch’s COOP and COG policies in support of ECG efforts are
appropriately coordinated with those of

the legislative and judicial branches in order to ensure
interoperability and allocate national assets efficiently to maintain
a functioning Federal Government.

(10) Federal Government COOP, COG, and ECG plans and operations shall
be appropriately integrated with the emergency plans and capabilities
of State, local, territorial, and tribal governments, and private
sector owners and operators of critical infrastructure, as
appropriate, in order to promote interoperability and to prevent
redundancies and conflicting lines of authority. The Secretary of
Homeland Security shall coordinate the integration of Federal
continuity plans and operations with State, local, territorial, and
tribal governments, and private sector owners and operators of
critical infrastructure, as appropriate, in order to provide for the
delivery of essential services during an emergency.

(11) Continuity requirements for the Executive Office of the President
(EOP) and executive departments and agencies shall include the following:

(a) The continuation of the performance of PMEFs during any emergency
must be for a period up to 30 days or until normal operations can be
resumed, and the capability to be fully operational at alternate sites
as soon as possible after the occurrence of an emergency, but not
later than 12 hours after COOP activation;

(b) Succession orders and pre-planned devolution of authorities that
ensure the emergency delegation of authority must be planned and
documented in advance in accordance with applicable law;

(c) Vital resources, facilities, and records must be safeguarded, and
official access to them must be provided;

(d) Provision must be made for the acquisition of the resources
necessary for continuity operations on an emergency basis;

(e) Provision must be made for the availability and redundancy of
critical communications capabilities at alternate sites in order to
support connectivity between

and among key government leadership, internal elements, other
executive departments and agencies, critical partners, and the public;

(f) Provision must be made for reconstitution capabilities that allow
for recovery from a catastrophic emergency and resumption of normal
operations; and

(g) Provision must be made for the identification, training, and
preparedness of personnel capable of relocating to alternate
facilities to support the continuation of the performance of PMEFs.

(12) In order to provide a coordinated response to escalating threat
levels or actual emergencies, the Continuity of Government Readiness
Conditions (COGCON) system establishes executive branch continuity
program readiness levels, focusing

on possible threats to the National Capital Region. The President will
determine and issue the COGCON Level. Executive departments and
agencies shall comply with the requirements and

assigned responsibilities under the COGCON program. During COOP
activation, executive departments and agencies shall report their
readiness status to the Secretary of Homeland Security or the
Secretary’s designee.

(13) The Director of the Office of Management and Budget shall:

(a) Conduct an annual assessment of executive department and agency
continuity funding requests and performance data that are submitted by
executive departments and agencies as part of the annual budget
request process, in order to monitor progress in the implementation of
the Plan and the execution of continuity budgets;

(b) In coordination with the National Continuity Coordinator, issue
annual continuity planning guidance for the development of continuity
budget requests; and

(c) Ensure that heads of executive departments and agencies prioritize
budget resources for continuity capabilities, consistent with this
directive.

(14) The Director of the Office of Science and Technology Policy shall:

(a) Define and issue minimum requirements for continuity
communications for executive departments and agencies, in consultation
with the APHS/CT, the APNSA, the Director of the Office of Management
and Budget, and the Chief of Staff to the President;

(b) Establish requirements for, and monitor the development,
implementation, and maintenance of, a comprehensive communications
architecture to integrate continuity components, in consultation with
the APHS/CT, the APNSA, the Director of the Office of Management and
Budget, and the Chief of Staff to the President; and

(c) Review quarterly and annual assessments of continuity
communications capabilities, as prepared pursuant to section 16(d) of
this directive or otherwise, and report the results and recommended
remedial actions to the National Continuity Coordinator.

(15) An official designated by the Chief of Staff to the President shall:

(a) Advise the President, the Chief of Staff to the President, the
APHS/CT, and the APNSA on COGCON operational execution options; and

(b) Consult with the Secretary of Homeland Security in order to ensure
synchronization and integration of continuity activities among the
four categories of executive departments and agencies.

(16) The Secretary of Homeland Security shall:

(a) Coordinate the implementation, execution, and assessment of
continuity operations and activities;

(b) Develop and promulgate Federal Continuity Directives in order to
establish continuity planning requirements for executive departments
and agencies;

(c) Conduct biennial assessments of individual department and agency
continuity capabilities as prescribed by the Plan and report the
results to the President through the APHS/CT;

(d) Conduct quarterly and annual assessments of continuity
communications capabilities in consultation with an official
designated by the Chief of Staff to the President;

(e) Develop, lead, and conduct a Federal continuity training and
exercise program, which shall be incorporated into the National
Exercise Program developed pursuant to Homeland Security Presidential
Directive-8 of December 17, 2003 (“National Preparedness”), in
consultation with an

official designated by the Chief of Staff to the President;

(f) Develop and promulgate continuity planning guidance to State,
local, territorial, and tribal governments, and private sector
critical infrastructure owners and operators;

(g) Make available continuity planning and exercise funding, in the
form of grants as provided by law, to State, local, territorial, and
tribal governments, and private sector critical infrastructure owners
and operators; and

(h) As Executive Agent of the National Communications System, develop,
implement, and maintain a comprehensive continuity communications
architecture.

(17) The Director of National Intelligence, in coordination with the
Attorney General and the Secretary of Homeland Security, shall produce
a biennial assessment of the foreign and domestic threats to the
Nation’s continuity of government.

(18) The Secretary of Defense, in coordination with the Secretary of
Homeland Security, shall provide secure, integrated, Continuity of
Government communications to the President, the Vice President, and,
at a minimum, Category I executive departments and agencies.

(19) Heads of executive departments and agencies shall execute their
respective department or agency COOP plans in response to a localized
emergency and shall:

(a) Appoint a senior accountable official, at the Assistant Secretary
level, as the Continuity Coordinator for the department or agency;

(b) Identify and submit to the National Continuity Coordinator the
list of PMEFs for the department or agency and develop continuity
plans in support of the NEFs and the continuation of essential
functions under all conditions;

(c) Plan, program, and budget for continuity capabilities consistent
with this directive;

(d) Plan, conduct, and support annual tests and training, in
consultation with the Secretary of Homeland Security, in order to
evaluate program readiness and ensure adequacy and viability of
continuity plans and communications systems; and

(e) Support other continuity requirements, as assigned by category, in
accordance with the nature and characteristics of its national
security roles and responsibilities

General Provisions

(20) This directive shall be implemented in a manner that is
consistent with, and facilitates effective implementation of,
provisions of the Constitution concerning succession to the Presidency
or the exercise of its powers, and the Presidential Succession Act of
1947 (3 U.S.C. 19), with consultation of the Vice President and, as
appropriate, others involved. Heads of executive departments and
agencies shall ensure that appropriate

support is available to the Vice President and others involved as
necessary to be prepared at all times to implement those provisions.

(21) This directive:

(a) Shall be implemented consistent with applicable law and the
authorities of agencies, or heads of agencies, vested by law, and
subject to the availability of appropriations;

(b) Shall not be construed to impair or otherwise affect (i) the
functions of the Director of the Office of Management and Budget
relating to budget, administrative, and legislative proposals, or (ii)
the authority of the Secretary of Defense over the Department of
Defense, including the chain of command for military forces from the
President, to the Secretary of Defense, to the commander of military
forces, or military command and control procedures; and

(c) Is not intended to, and does not, create any rights or benefits,
substantive or procedural, enforceable at law or in equity by a party
against the United States, its

agencies, instrumentalities, or entities, its officers, employees, or
agents, or any other person.

(22) Revocation. Presidential Decision Directive 67 of October 21,
1998 (“Enduring Constitutional Government and Continuity of Government
Operations”), including all Annexes thereto, is hereby revoked.

(23) Annex A and the classified Continuity Annexes, attached hereto,
are hereby incorporated into and made a part of this directive.

(24) Security. This directive and the information contained herein
shall be protected from unauthorized disclosure, provided that, except
for Annex A, the Annexes attached to this directive are classified and
shall be accorded appropriate handling, consistent with applicable
Executive Orders.

GEORGE W. BUSH

http://www.whitehouse.gov/news/releases/2007/05/20070509-12.html