April 1959 “Federal Emergency Plan D-Minus,” prepared by White House Executive Office of the President, Office of Civil and Defense Mobilization, and circulated to 40 federal agencies.Rabb, Secretary of the Cabinet, with attached memo on “Emergency Action Papers.” 1956 Letter from White House Executive Office of the President, Office of Defense Mobilization to Director of the CIA, with attached memo on “Procedure for Agencies to Follow in Submitting Emergency Action Documents to the President” Letter from CIA to Office of Defense Mobilization responding.On May 17, 2022, the House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties held a hearing on reforming emergency powers, including PEADs.On September 23, 2020, House Democrats introduced as part of the Protecting Our Democracy Act a requirement that the president disclose PEADs to the relevant congressional committees.According to the Associated Press, in May 2020 a bi-partisan group of Senators sent a letter to then Acting Director of National Intelligence Richard Grenell asking to be briefed on PEADs.On May 5, 2020, Senator Ed Markey introduced the Restraint of Executive In Governing Nation Act of 2020 requiring that the president disclose PEADs to the appropriate congressional committees.Jerrold Nadler and Subcommittee on the Constitution, Civil Rights, and Civil Liberties Chairman Steve Cohen sent a letter to Attorney General William Barr requesting a briefing and documents related to PEADs. On April 24, 2020, House Judiciary Committee Chairman Rep.As a resource to others interested in this topic, below we have compiled our own analyses and op-eds a running list of congressional actions and government documents discussing PEADs, including documents that others have obtained through Freedom of Information Act (FOIA) requests and placed on the internet and documents that we have obtained through our own FOIA or Mandatory Declassification Review requests. The Brennan Center’s Liberty and National Security Program researches PEADs and advocates for greater transparency and oversight of them. suspended production of the Federal Register.established military areas such as those created during World War II.issued a general warrant permitting search and seizure of persons and property.provided for various forms of martial law. suspended the writ of habeas corpus by presidential order.authorized detention of “alien enemies” and other “dangerous persons” within the United States.PEADs undergo periodic revision although we do not know what PEADs contain today, we know that PEADs in past years. Through these documents, we know that there were 56 PEADs in effect as of 2017, up from 48 a couple of decades earlier. Although the law requires the executive branch to report even the most sensitive covert military and intelligence operations to at least some members of Congress, there is no such disclosure requirement for PEADs, and no evidence that the documents have ever been shared with relevant congressional committees.Īlthough PEADs themselves remain a well-kept secret, over the years a number of unclassified or de-classified documents have become available that discuss PEADs. Indeed, it appears that they are not even subject to congressional oversight. PEADs are classified “secret,” and no PEAD has ever been declassified or leaked. As one recent government document describes them, they are designed “to implement extraordinary presidential authority in response to extraordinary situations.” First created during the Eisenhower Administration as part of continuity-of-government plans in case of a nuclear attack, PEADs have since been expanded for use in other emergency situations where the normal operation of government is impaired. Presidential Emergency Action Documents (PEADs) are executive orders, proclamations, and messages to Congress that are prepared in anticipation of a range of emergency scenarios, so that they are ready to sign and put into effect the moment one of those scenarios comes to pass. Bush Presidential Library through a Freedom of Information Act request. Attend the Brennan Legacy Awards DinnerĬlick here to read more about documents obtained from the George W.Advance Constitutional Change Show / hide.National Task Force on Democracy Reform & the Rule of Law.Government Targeting of Minority Communities Show / hide.Campaign Finance in the Courts Show / hide.Gerrymandering & Fair Representation Show / hide.Ensure Every American Can Vote Show / hide.
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