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The Biden Administration's Initial

Presidential Directives in Context



February 3, 2021

The beginning of the Biden Administration has brought a steady stream of presidential directives that
have drawn significant public attention for their speed and range of purposes. A review of the pace with
which recent presidential Administrations issued executive orders shows the Biden Administration issued
more executive orders than its predecessors during the first week of a first term. This Insight provides a
brief overview of activity in the first week of President Joe Biden's term and what it might mean for the
rest of his 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


                                                                 Congressional Research Service
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CRS INSIGHT
Prepared for Members and
Committees of Congress

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