Presidential Directives

201 FW 2
FWM Number
Originating Office
Policy and Regulations Branch

2.1 Presidential Directives. There are three types of directives by which the President promulgates policy, delegations, etc. to the executive branch and makes official announcements which are of general public interest. These documents, personally signed by the President, are Executive Orders, Proclamations, and Memoranda.

A. Executive Orders are generally directed to Federal departments and establishments. They may set policy, establish organizations, assign responsibilities, delegate authority, activate programs, or prescribe procedures; and are founded on constitutional or statutory authority that is cited in the Order.

B. Proclamations in most instances affect the activities and interests of the general public. They may be used to establish policy and regulate actions when founded on constitutional or statutory authority which is cited in the Proclamation. If not based on such authority, they are hortatory in nature and are not legally binding.

C. Presidential Memoranda are generally directed to Federal departments and establishments on a single or multiple address basis. They may require specified actions by or reports from the addressee(s). Generally, they deal with a one-time project or activity, though on occasion they may prescribe policy.

2.2 Responsibility.

A. At the Department level, the Legislative Counsel, Office of Congressional and Legislative Affairs, is responsible for coordinating the Departmental review of proposed Presidential documents originated internally, and those originated externally which are submitted to the Department for review. The Legislative Counsel serves as the Department's single point of contact with the Office of Management and Budget in matters related to Presidential directives.

B. The Division of Policy and Directives Management, which reports to the Assistant Director - Policy, Budget and Administration, is responsible for coordinating the Service's review of proposed Presidential documents, and serves as the Service's contact with the Legislative Counsel.

C. Assistant Directors to which action copies of Presidential directives have been referred or assigned are responsible for their implementation and will prepare for issuance any necessary Service directives.

2.3 Procedures for the preparation and review of proposed Presidential documents are published in 381 DM 2.