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Saturday, May 26, 2007

Darfur? It’s the Oil, Stupid...

To paraphrase the famous quip during the 1992 US Presidential debates, when an unknown William Jefferson Clinton told then-President George Herbert Walker Bush, “It’s the economy, stupid,” the present concern of the current Washington Administration over Darfur in southern Sudan is not, if we were to look closely, genuine concern over genocide against the peoples in that poorest of poor part of a forsaken section of Africa.

No. “It’s the oil, stupid.”

Hereby hangs a tale of cynical dimension appropriate to a Washington Administration that has shown no regard for its own genocide in Iraq, when its control over major oil reserves is involved. What’s at stake in the battle for Darfur? Control over oil, lots and lots of oil.

The case of Darfur, a forbidding piece of sun-parched real estate in the southern part of Sudan, illustrates the new Cold War over oil, where the dramatic rise in China’s oil demand to fuel its booming growth has led Beijing to embark on an aggressive policy of—ironically-- dollar diplomacy. With its more than $1.3 trillion in mainly US dollar reserves at the Peoples’ National Bank of China, Beijing is engaging in active petroleum geopolitics. Africa is a major focus, and in Africa, the central region between Sudan and Chad is priority. This is defining a major new front in what, since the US invasion of Iraq in 2003, is a new Cold War between Washington and Beijing over control of major oil sources. So far Beijing has played its cards a bit more cleverly than Washington. Darfur is a major battleground in this high-stakes contest for oil control.

China Oil diplomacy

In recent months, Beijing has embarked on a series of initiatives designed to secure long-term raw materials sources from one of the planet’s most endowed regions—the African subcontinent. No raw material has higher priority in Beijing at present than the securing of long term oil sources.

Today China draws an estimated 30% of its crude oil from Africa. That explains an extraordinary series of diplomatic initiatives which have left Washington furious. China is using no-strings-attached dollar credits to gain access to Africa’s vast raw material wealth, leaving Washington’s typical control game via the World Bank and IMF out in the cold. Who needs the painful medicine of the IMF when China gives easy terms and builds roads and schools to boot?

In November last year Beijing hosted an extraordinary summit of 40 African heads of state. They literally rolled out the red carpet for the heads of among others Algeria, Nigeria, Mali, Angola, Central African Republic, Zambia, South Africa.

China has just done an oil deal, linking the Peoples Republic of China with the continent's two largest nations - Nigeria and South Africa. China's CNOC will lift the oil in Nigeria, via a consortium that also includes South African Petroleum Co. giving China access to what could be 175,000 barrels a day by 2008. It’s a $2.27 billion deal that gives state-controlled CNOC a 45% stake in a large off-shore Nigeria oil field. Previously, Nigeria had been considered in Washington to be an asset of the Anglo-American oil majors, ExxonMobil, Shell and Chevron.

China has been generous in dispensing its soft loans, with no interest or outright grants to some of the poorest debtor states of Africa. The loans have gone to infrastructure including highways, hospitals, and schools, a stark contrast to the brutal austerity demands of the IMF and World Bank. In 2006 China committed more than $8 billion to Nigeria, Angola and Mozambique, versus $2.3 billion to all sub-Saharan Africa from the World Bank. Ghana is negotiating a $1.2 billion Chinese electrification loan. Unlike the World Bank, a de facto arm of US foreign economic policy, China shrewdly attaches no strings to its loans.

This oil-related Chinese diplomacy has led to the bizarre accusation from Washington that Beijing is trying to “secure oil at the sources,” something Washington foreign policy has itself been preoccupied with for at least a Century.

No source of oil has been more the focus of China-US oil conflict of late than Sudan, home of Darfur.

Sudan oil riches

Beijing’s China National Petroleum Company, CNPC, is Sudan’s largest foreign investor, with some $5 billion in oil field development. Since 1999 China has invested at least $15 billion in Sudan. It owns 50% of an oil refinery near Khartoum with the Sudan government. The oil fields (see graphic) are concentrated in the south, site of a long-simmering civil war, partly financed covertly by the United States, to break the south from the Islamic Khartoum-centered north.

CNPC built an oil pipeline from its concession blocs 1, 2 and 4 in southern Sudan, to a new terminal at Port Sudan on the Red Sea where oil is loaded on tankers for China. Eight percent of China’s oil now comes from southern Sudan. China takes up to 65% to 80% of Sudan’s 500,000 barrels/day of oil production. Sudan last year was China’s fourth largest foreign oil source. In 2006 China passed Japan to become the world’s second largest importer of oil after the United States, importing 6.5 million barrels a day of the black gold. With its oil demand growing by an estimated 30% a year, China will pass the US in oil import demand in a few years. That reality is the motor driving Beijing foreign policy in Africa. (Source: USAID)

A look at the southern Sudan oil concessions shows that China’s CNPC holds rights to bloc 6 which straddles Darfur, near the border to Chad and the Central African Republic. In April 2005 Sudan’s government announced it had found oil in South Darfur whoich is estimated to be able when developed to pump 500,000 barrels/day. The world press forgot to report that vital fact in discussing the Darfur conflict.

Using the genocide charge to militarize Sudan’s oil region

Genocide was the preferred theme, and Washington was the orchestra conductor. Curiously, while all observers acknowledge that Darfur has seen a large human displacement and human misery and tens of thousands or even as much as 300,000 deaths in the last several years, only Washington and the NGO’s close to it use the charged term “genocide” to describe Darfur. If they are able to get a popular acceptance of the charge genocide, it opens the possibility for drastic “regime change” intervention by NATO and de facto by Washington into Sudan’s sovereign affairs.

The genocide theme is being used, with full-scale Hollywood backing from the likes of pop stars like George Clooney, to orchestrate the case for a de facto NATO occupation of the region. So far the Sudan government has vehemently refused, not surprisingly.

The US Government repeatedly uses “genocide” to refer to Darfur. It is the only government to do so. US Assistant Secretary of State Ellen Sauerbrey, head of the Bureau of Population, Refugees and Migration, said during a USINFO online interview last November 17, "The ongoing genocide in Darfur, Sudan — a 'gross violation' of human rights — is among the top international issues of concern to the United States." The Bush administration keeps insisting that genocide has been going on in Darfur since 2003, despite the fact that a five-man panel UN mission led by Italian Judge Antonio Cassese reported in 2004 that genocide had not been committed in Darfur, rather that grave human rights abuses were committed. They called for war crime trials.

Merchants of death

The United States, acting through surrogate allies in Chad and neighboring states has trained and armed the Sudan Peoples’ Liberation Army, headed until his death in July 2005, by John Garang, trained at US Special Forces school at Fort Benning, Georgia.

By pouring arms into first southern Sudan in the eastern part and since discovery of oil in Darfur, to that region as well, Washington fuelled the conflict that led to tens of thousands dying and several million driven to flee their homes. Eritrea hosts and supports the SPLA, the umbrella NDA opposition group, and the Eastern Front and Darfur rebels.

There are two rebel groups fighting in Sudan's Darfur region against the Khartoum central government of President Omar al-Bashir-- the Justice for Equality Movement (JEM) and the larger Sudan Liberation Army (SLA).

In February 2003 the SLA launched attacks on Sudan government positions in the Darfur region. SLA Secretary-General Minni Arkou Minnawi called for armed struggle, accusing the government of ignoring Darfur. "The objective of the SLA is to create a united democratic Sudan.” In other words, regime change in Sudan.

The US Senate adopted a resolution in February 2006 that requested North Atlantic Treaty Organization troops in Darfur, as well as a stronger U.N. peacekeeping force with a robust mandate. A month later, President Bush also called for additional NATO forces in Darfur. Uh huh... Genocide? Or oil?

The Pentagon has been busy training African military officers in the US, much as it has for Latin American officers for decades. Its International Military Education and Training (IMET) program has provided training to military officers from Chad, Ethiopia, Eritrea, Cameroon and the Central African Republic, in effect every country on Sudan’s border. Much of the arms that have fuelled the killing in Darfur and the south have been brought in via murky, protected private “merchants of death” such as the notorious former KGB operative, now with offices in the US, Victor Bout. Bout has been cited repeatedly in recent years for selling weapons across Africa. US Government officials strangely leave his operations in Texas and Florida untouched despite the fact he is on the Interpol wanted list for money laundering.

US development aid for all Sub-Sahara Africa including Chad, has been cut sharply in recent years while its military aid has risen. Oil and the scramble for strategic raw materials is the clear reason. The region of southern Sudan from the Upper Nile to the borders of Chad is rich in oil. Washington knew that long before the Sudanese government.

Chevron’s 1974 oil project

US oil majors have known about Sudan’s oil wealth since the early 1970’s. In 1979, Jafaar Nimeiry, Sudan head of state, broke with the Soviets and invited Chevron to develop oil in the Sudan. That was perhaps a fatal mistake. UN Ambassador George H.W. Bush had personally told Nimeiry of satellite photos indicating oil in Sudan. Nimeiry took the bait. Wars over oil have been the consequence even since.

Chevron found big oil reserves in southern Sudan. It spent $1.2 billion finding and testing them. That oil triggered what is called Sudan’s second civil war in 1983. Chevron was target of repeated attacks and killings and suspended the project in 1984. In 1992, it sold it's Sudanese oil concessions. Then China began to develop the abandoned Chevron fields in 1999 with notable results.

But Chevron is not far from Darfur today.

Chad oil and pipeline politics

Condi Rice’s Chevron is in neighboring Chad, together with the other US oil giant, ExxonMobil. They’ve just built a $3.7 billion oil pipeline carrying 160,000 barrels/day of oil from Doba in central Chad near Darfur Sudan, via Cameroon to Kribi on the Atlantic Ocean, destined for US refineries.

To do it, they worked with Chad “President for life,” Idriss Deby, a corrupt despot who has been accused of feeding US-supplied arms to the Darfur rebels. Deby joined Washington’s Pan Sahel Initiative run by the Pentagon’s US-European Command, to train his troops to fight “Islamic terrorism.” The majority of the tribes in Darfur region are Islamic.

Supplied with US military aid, training and weapons, in 2004 Deby launched the initial strike that set off the conflict in Darfur, using members of his elite Presidential Guard who originate from the province, providing the men with all terrain vehicles, arms and anti-aircraft guns to Darfur rebels fighting the Khartoum government in the southwest Sudan. The US military support to Deby in fact had been the trigger for the Darfur bloodbath. Khartoum reacted and the ensuing debacle was unleashed in full tragic force.

Washington-backed NGO’s and the US Government claim unproven genocide as a pretext to ultimately bring UN/NATO troops into the oilfields of Darfur and south Sudan. Oil, not human misery, is behind Washington’s new interest in Darfur.

The “Darfur genocide” campaign began in 2003, the same time the Chad-Cameroon pipeline oil began to flow. The US now had a base in Chad to go after Darfur oil and, potentially, co-opt China’s new oil sources. Darfur is strategic, straddling Chad, Central African Republic, Egypt and Libya.

US military objectives in Darfur—and the Horn of Africa more widely—are being served at present by the US and NATO backing of the African Union troops in Darfur. There NATO provides ground and air support for AU troops who are categorized as “neutral” and “peacekeepers.” Sudan is at war on three fronts, each country-- Uganda, Chad, and Ethiopia-- with a significant US military presence and ongoing US military programs. The war in Sudan involves both US covert operations and US trained “rebel” factions coming in from South Sudan, Chad, Ethiopia and Uganda.

Chad’s Deby looks to China too

The completion of the US and World Bank-financed oil pipeline from Chad to the Cameroon coast was designed as one part of a far grander Washington scheme to control the oil riches of central Africa from Sudan to the entire Gulf of Guinea.

But Washington’s erstwhile pal, Chad’s President for Life, Idriss Deby, began to get unhappy with his small share of the US-controlled oil profits. When he and the Chad Parliament decided in early 2006 to take more of the oil revenues to finance military operations and beef up its army, new World Bank President, Iraq war architect, Paul Wolfowitz, moved to suspend loans to the country. Then that August, after Deby had won re-election, he created Chad’s own oil company, SHT, and threatened to expel Chevron and Malaysia’s Petronas for not paying taxes owed, and demanding a 60% share of the Chad oil prieline. In the end he came to terms with the oil companies, but winds of change were blowing.

Deby also faces growing internal opposition from a Chad rebel group, United Front for Change, known under its French name as FUC, which he claims is being covertly funded by Sudan. This region is a very complex part of the world of war. The FUC has based itself in Darfur.

Into this unstable situation, Beijing has shown up in Chad with a full coffer of aid money in hand. In late January, Chinese President Hu Jintao made a state visit to Sudan and to Cameroon among other African states. In 2006, China’s leaders visited no less than 48 African states. In August 2006 Beijing hosted Chad’s Foreign Minister for talks and resumption of formal diplomatic ties cut in 1997. China has begin to import oil from Chad as well as Sudan. Not that much oil, but if Beijing has its way, that will soon change.

This April, Chad’s Foreign Minister announced that talks with China over greater China participation in Chad’s oil development were “progressing well.” He referred to the terms the Chinese seek for oil development, calling them, “much more equal partnerships than those we are used to having.”

The Chinese economic presence in Chad, ironically, may be more effective in calming the fighting and displacement in Darfur than any African Union or UN troop presence ever could. That would not be welcome for some people in Washington and at Chevron headquarters, as they would not find the oil falling into their greasy bloody hands.

Chad and Darfur are but part of the vast China effort to secure “oil at the source” across Africa. Oil is also the prime factor in US Africa policy today. George W. Bush’s interest in Africa includes a new US base in Sao Tome/Principe 124 miles off the Gulf of Guinea from which it can control Gulf of Guinea oilfields from Angola in the south to Congo, Gabon, Equitorial Guinea, Cameroon and Nigeria. That just happens to be the very same areas where recent Chinese diplomatic and investment activity has focussed.

“West Africa’s oil has become of national strategic interest to us,” stated US Assistant Secretary of State for Africa, Walter Kansteiner already back in 2002. Darfur and Chad are but an extension of the US Iraq policy “with other means”—control of oil everywhere. China is challenging that control “everywhere,” especially in Africa. It amounts to a new undeclared Cold War over oil.

Tuesday, May 22, 2007

New presidential directive gives Bush dictatorial power

National Security & Homeland Security Presidential Directive establishes "National Continuity Policy"

The National Security and Homeland Security Presidential Directive, signed on May 9, 2007 declares that in the event of a “catastrophic event”, George W. Bush can become what is best described as "a dictator":

"The President shall lead the activities of the Federal Government for ensuring constitutional government."

This directive, completely unnoticed by the media, and given no scrutiny by Congress, literally gives the White House unprecedented dictatorial power over the government and the country, bypassing the US Congress and obliterating the separation of powers. The directive also placed the Secretary of Homeland Security in charge of domestic “security”.

The full text is below. A critical analysis on the directive can be found here.

This is another step towards official martial law (see “US government fans homeland security fears”), which suggests that a new "catastrophic event" 9/11-type pretext could be in the pipeline.

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National Security and Homeland Security Presidential Directive

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