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              Congressional
           a   Research Service E






The Biden Administration's Initial

Presidential Directives in Context



Updated May 10, 2021
In its first 100 days, the Biden Administration issued a number of presidential directives that have drawn
significant public attention for their speed and range of purposes. Areview of the pace with which recent
presidential Administrations issued executive orders shows the Biden Administration issued more
executive orders than its recent predecessors during the first week and first 100 days of a first term. This
Insight provides a brief overview of that activity and what it might mean for the rest of the
Administration.

What Are Presidential Directives?

Presidential directives are tools Presidents use to announce administration policy and make declarations
in their roles as leader of the executive branch, commander in chief of the Armed Forces, and head of
state. Directives include well-known documents, such as executive orders and proclamations, as well as a
variety of less well-known documents, including memoranda, notices, and decisions. While there are
some legally relevant differences among the types of directives, especially related to whether they must
be published in the Federal Register, in most cases the form of the directive is not as clear or legally
significant as it might appear, especially in comparison to its content.
Presidential directives have the force and effect of law if they are based on power granted by the U.S.
Constitution, or delegated by Congress, to the President. However, because they are an exercise of the
authority of the presidency, existing directives can be, and frequently are, modified or revoked across
Administrations to reflect new or evolving priorities and policies. Such actions are especially likely to
occur when a new President takes office. Also, if the President is acting under a grant of authority from
Congress, Congress may legislate to alter that authority, prevent the implementation of a directive, or
codify a directive in statute.
Some  types of directives, such as executive orders and proclamations, are published in the Federal
Register and archived on its website. All of the unclassified directives issued by the Biden Administration
to date are currently available on the White House website. These actions have received significant
attention and may raise a variety of legal and policy questions. The purpose of this Insight is to describe


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