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Presidential memorandum
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- See also: Executive order, Presidential proclamation
A presidential memorandum is an official document issued by the president in order to manage the federal government. Presidential memoranda achieve similar goals as executive orders, but are not required to be published in the Federal Register or include a justification of presidential authority.
According to the Congressional Research Service, presidential memoranda have been used historically to "carry out routine executive decisions and determinations, or to direct agencies to perform duties consistent with the law or implement laws that are presidential priorities." This historical usage contrasts with that of executive orders, which tend to be used in cases "that may benefit from public awareness or be subject to heightened scrutiny."[1]
Presidential memoranda carry the weight of law, but they are not numbered or required by law to be published by the Office of the Federal Register. Under an executive order issued by President John F. Kennedy (D), the president must cite the constitutional or legal authority that justifies the an executive order's issuance; this justification is not required for presidential memorandums.[2]
Background
Some presidential memoranda, once called presidential letters, may be published if the president determines they have "general applicability and legal effect."[1] Because presidential memoranda may be but are not required to be tracked and published by government offices, they are difficult to trace. According to the Huffington Post, historians believe there could be as many as 50,000 presidential memoranda in the annals of American history.[3]
Beginning in 2015, Congress required the White House Office of Management and Budget to report the cost of any memoranda with an estimated regulatory cost of more than $100 million.[4]
Below are a few examples of presidential memoranda:
- Memorandum Condemning Discrimination in Defense Work: During World War II, after complaints were brought to President Franklin D. Roosevelt that defense production companies were refusing employment to individuals based on race, religion, or national origin, he issued a presidential memorandum in 1941. This memorandum ordered the Office of Production Management to assist contractors in examining their employment policies to ensure that the policies were not discriminatory. Part of the memorandum stated, "No Nation combating the increasing threat of totalitarianism can afford arbitrarily to exclude large segments of its population from its defense industries. Even more important is it for us to strengthen our unity and morale by refuting at home the very theories which we are fighting abroad."[5]
- Memorandum on Federal Initiatives for a Drug-Free America: As part of his policy against drug abuse, President Ronald Reagan issued a memorandum in 1986 that outlined how federal agencies and executive departments should work toward creating drug-free workplaces at all levels of government and within private companies.[6]
- Deferred Action for Childhood Arrivals (DACA): In 2012, President Barack Obama issued an executive memorandum relating to people who had immigrated to the U.S. as children. The Deferred Action for Childhood Arrivals (DACA) program would allow individuals who were brought to the United States as children to receive relief from being deported for a period of time if they met certain criteria. The program did not grant lawful status.[7][8][9]
Other executive actions
Executive orders are official documents by which the President of the United States manages the federal government.[10] An executive order is "an official, legally binding mandate passed down from the president to federal agencies under the executive branch," but executive orders are not laws. As such, they do not fall under the purview of Congress; but executive orders must be compliant with U.S. laws and the U.S. Constitution.[11][12]
A proclamation, according to the House Government Operations Committee, is directed at the actions of private individuals and is therefore not legally binding unless the president bases his proclamation on some authority granted to him. Presidential proclamations, therefore, are often honorary or ceremonial. One example of a ceremonial proclamation is the ordering of American flags to be flown at half-staff after the death of a Supreme Court justice or other government figure.[13][11]
Noteworthy events
Trump issues presidential memorandum preparing for 5G wireless networks; creating White House Spectrum Strategy Task Force (2018)
On October 25, 2018, President Donald Trump (R) issued a presidential memorandum, titled "Developing a Sustainable Spectrum Strategy for America's Future," aimed at preparing a national strategy to facilitate the introduction of next-generation 5G wireless networks.[14][15]
The order required federal agencies to report their anticipated future spectrum requirements to the U.S. Department of Commerce (DOC) within 180 days. The DOC secretary was also required to report to the president on the status of existing and planned spectrum repurposing initiatives within the same timeframe. By July 2019, the DOC secretary was required to develop and submit a National Spectrum Strategy featuring legislative, regulatory, or policy recommendations to facilitate the transition to 5G technology. Lastly, the memorandum established the White House Spectrum Strategy Task Force charged with coordinating the implementation of its provisions.[14][15]
Trump’s memorandum rescinded two of President Obama’s prior memoranda on spectrum initiatives: "Unleashing the Wireless Broadband Revolution” (2010) and "Expanding America's Leadership in Wireless Innovation” (2013).[14][15]
See also
- President of the United States
- Executive order
- Presidential proclamation
- Deferred Action for Childhood Arrivals (DACA)
Footnotes
- ↑ 1.0 1.1 Congressional Research Service, "Executive Orders:Issuance, Modification, and Revocation," accessed May 3, 2017
- ↑ USA Today, "Presidential memoranda vs. executive orders. What's the difference?" accessed May 1, 2017
- ↑ Huffington Post, "The Surprisingly Contentious History Of Executive Orders," accessed May 3, 2017
- ↑ USA Today, "Presidential memoranda vs. executive orders. What's the difference?" accessed May 3, 2017
- ↑ The American Presidency Project, "Memorandum Condemning Discrimination in Defense Work, June 12, 1941," accessed May 3, 2017
- ↑ The American Presidency Project, "Memorandum on Federal Initiatives for a Drug-Free America, October 4, 1986," accessed May 3, 2017
- ↑ PBS, "Your cheat sheet for executive orders, memorandums, and proclamations," accessed May 3, 2017
- ↑ U.S. Department of Homeland Security, "Secretary Napolitano Announces Deferred Action Process for Young People Who Are Low Enforcement Priorities," accessed February 2, 2016
- ↑ U.S. Citizenship and Immigration Services, "Consideration of Deferred Action for Childhood Arrivals (DACA)," accessed February 2, 2016
- ↑ National Archives, "FAQs About Executive Orders," accessed May 1, 2017
- ↑ 11.0 11.1 PBS, "Your cheat sheet for executive orders, memorandums and proclamations," accessed May 1, 2017
- ↑ Washington Post, "What Trump could learn from George Washington’s first executive order," accessed May 2, 2017
- ↑ Law Librarians' Society of Washington, D.C., "CRS Report for Congress: Executive Orders and Proclamations," accessed May 2, 2017
- ↑ 14.0 14.1 14.2 Reuters, "Trump signs order to set U.S. spectrum strategy as 5G race looms," October 25, 2018
- ↑ 15.0 15.1 15.2 Federal Register, "Developing a Sustainable Spectrum Strategy for America's Future," October 25, 2018
