Documents for contingencies (other than a plan D situation) which justify application of emergency measures on a national scale, often shortened to Other than a Plan D Situation, is the name of a file maintained by the United States government containing legal guidance and draft legislation for the President of the United States, or his designated successor, to advance to the United States Congress in the aftermath of a devastating national catastrophe. The file is curated and updated by the Federal Emergency Management Agency. [1]
"Other than a Plan D situation" is predicated on the assumption that, in a severe crisis that paralyzes or impedes normal governmental operations, the president may not have the time or immediate access to legal counsel to properly advise the Congress on emergency legislation required for national survival. "Other than a Plan D situation" is an elaborate set of already-drafted model legislation which the president can immediately present to the Congress for enactment following the onset of the crisis. [2]
Actual "Plan D" documents, by contrast, are those contained in Federal Emergency Plan D-Minus, and its successor plans, and are executive orders which can be promulgated by the president without consulting Congress, using existing constitutional and statutory authority. [3]
Past "Other than a Plan D situation" documents have included a "fill in the blank" declaration of war, legislation permitting the United States Secretary of the Treasury to modify the size or design of U.S. coinage, and a bill which would waive interest penalties for the late-filing of U.S. income tax by persons residing in cities destroyed by nuclear attack. [2]
Civil defense or civil protection is an effort to protect the citizens of a state from man-made and natural disasters. It uses the principles of emergency operations: prevention, mitigation, preparation, response, or emergency evacuation and recovery. Programs of this sort were initially discussed at least as early as the 1920s and were implemented in some countries during the 1930s as the threat of war and aerial bombardment grew. Civil-defense structures became widespread after authorities recognised the threats posed by nuclear weapons.
Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the president of the United States, lays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities.
Continuity of Operations (COOP) is a United States federal government initiative, required by U.S. Presidential Policy Directive 40 (PPD-40), to ensure that agencies are able to continue performance of essential functions under a broad range of circumstances. PPD-40 specifies certain requirements for continuity plan development, including the requirement that all federal executive branch departments and agencies develop an integrated, overlapping continuity capability, that supports the eight National Essential Functions (NEFs) described in the document.
The Federal Emergency Management Agency (FEMA) is an agency of the United States Department of Homeland Security (DHS), initially created under President Jimmy Carter by Presidential Reorganization Plan No. 3 of 1978 and implemented by two Executive Orders on April 1, 1979. The agency's primary purpose is to coordinate the response to a disaster that has occurred in the United States and that overwhelms the resources of local and state authorities. The governor of the state in which the disaster occurs must declare a state of emergency and formally request from the President that FEMA and the federal government respond to the disaster. The only exception to the state's gubernatorial declaration requirement occurs when an emergency or disaster takes place on federal property or to a federal asset—for example, the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, or the Space Shuttle Columbia in the 2003 return-flight disaster.
The federal government of the United States is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a federal district, five major self-governing territories and several island possessions. The federal government, sometimes simply referred to as Washington, is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S. Constitution in the Congress, the president and the federal courts, respectively. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts inferior to the Supreme Court.
In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of the United States Constitution gives presidents broad executive and enforcement authority to use their discretion to determine how to enforce the law or to otherwise manage the resources and staff of the executive branch. The ability to make such orders is also based on expressed or implied Acts of Congress that delegate to the president some degree of discretionary power. The vast majority of executive orders are proposed by federal agencies before being issued by the president.
Continuity of government (COG) is the principle of establishing defined procedures that allow a government to continue its essential operations in case of a catastrophic event such as nuclear war.
The National Security Archive is a 501(c)(3) non-governmental, non-profit research and archival institution located on the campus of the George Washington University in Washington, D.C. Founded in 1985 to check rising government secrecy. The National Security Archive is an investigative journalism center, open government advocate, international affairs research institute, and the largest repository of declassified U.S. documents outside the federal government. The National Security Archive has spurred the declassification of more than 10 million pages of government documents by being the leading non-profit user of the U.S. Freedom of Information Act (FOIA), filing a total of more than 50,000 FOIA and declassification requests in its over 30 years of history.
Executive Order 12170 was issued by American president Jimmy Carter on November 14, 1979, ten days after the Iran hostage crisis had started. The executive order, empowered under the International Emergency Economic Powers Act, ordered the freezing of all Iranian government assets held within the United States.
The United States Court of Federal Claims is a United States federal court that hears monetary claims against the U.S. government. It was established by statute in 1982 as the United States Claims Court, and took its current name in 1992. The court is the successor to trial division of the United States Court of Claims, which was established in 1855.
The powers of the president of the United States include those explicitly granted by Article II of the United States Constitution as well as those granted by Acts of Congress, implied powers, and also a great deal of soft power that is attached to the presidency.
The International Emergency Economic Powers Act (IEEPA), Title II of Pub.L. 95–223, 91 Stat. 1626, enacted October 28, 1977, is a United States federal law authorizing the president to regulate international commerce after declaring a national emergency in response to any unusual and extraordinary threat to the United States which has its source in whole or substantial part outside the United States. The act was signed by President Jimmy Carter on December 28, 1977.
The National Emergencies Act (NEA) is a United States federal law passed to end all previous national emergencies and to formalize the emergency powers of the President.
The National Monetary Commission was a U.S. congressional commission created by the Aldrich–Vreeland Act of 1908. After the Panic of 1907, the Commission studied the banking laws of the United States, and the leading countries of Europe. The chairman of the Commission, Senator Nelson Aldrich, a Republican leader in the Senate, personally led a team of experts to major European capitals. They were stunned to discover how much more efficient the European financial system appeared to be and how much more important than the dollar were the pound, the franc and the mark in international trade. The Commission's reports and recommendations became one of the principal bases in the enactment of the Federal Reserve Act of 1913 which created the modern Federal Reserve system.
United States civil defense refers to the use of civil defense in the history of the United States, which is the organized non-military effort to prepare Americans for military attack and similarly disastrous events. Late in the 20th century, the term and practice of civil defense fell into disuse. Emergency management and homeland security replaced them.
Soviet Nuclear Threat Reduction Act of 1991, 22 U.S.C. § 2551, was chartered to amend the Arms Export Control Act enacting the transfer of Soviet military armaments and ordnances to NATO marking the conclusion of the Cold War. The Act sanctions the Soviet nuclear arsenal displacement shall be in conjunction with the implementation of the Treaty on Conventional Armed Forces in Europe. It funds the Nunn–Lugar Cooperative Threat Reduction program.
Federal Emergency Plan D-Minus was a plan developed by the United States in the 1950s to guide the federal government in the immediate aftermath of a catastrophic nuclear attack. Plan D-Minus was part of the National Plan for Emergency Preparedness, which also included Mobilization Plan C.
The Emergency Federal Register is the planned replacement for the Federal Register, the official journal of the United States government, in the event publication of the Federal Register is suspended by presidential decree following the onset of a severe national calamity, such as a major nuclear attack or the mainland invasion of the United States. According to the Office of the Federal Register, the Emergency Federal Register "can only be activated under extreme national security conditions".
A presidential directive, or executive action, is a written or oral instruction or declaration issued by the president of the United States, which may draw upon the powers vested in the president by the U.S. Constitution, statutory law, or, in certain cases, congressional and judicial acquiescence. Such directives, which have been issued since the earliest days of the federal government, have become known by various names, and some have prescribed forms and purposes. Presidential directives remain in effect until they are revoked, which the president is free to do. The classification of presidential directives is not easily done, as the distinction between the types can be quite arbitrary, arising from convenience and bureaucratic evolution, and none are defined in the Constitution. Furthermore, the different types may overlap. As one legal scholar put it: "it is a bit misleading to overclassify presidential directives as comprising separate and distinct 'types' just because they have different headings at the top of the first page." In terms of legal applicability, what matters is the substance of the directive, not the form, unless a certain kind of directive is specifically required by relevant statute.
Presidential Emergency Action Documents (PEADs) are draft classified executive orders, proclamations, and messages to Congress that are prepared for the President of the United States to exercise or expand powers in anticipation of a range of emergency hypothetical worst-case scenarios, so that they are ready to sign and put into effect the moment one of those scenarios comes to pass. They are defined by the Federal Emergency Management Agency as the "Final drafts of Presidential messages, proposed legislation proclamations, and other formal documents, including DOJ-issued cover sheets addressed to the President, to be issued in event of a Presidentially-declared national emergency."