Memorandum Within Constitutional Authority

Memorandum on Designation of Officials of the Office of Science and Technology Policy To Act as Director

Issued 2025-01-03 by Joseph R. Biden Jr.

Plain-English Overview

AI-generated summary explaining what this action does, who it affects, and why it matters

This presidential memorandum, issued by President Biden on January 3, 2025, designates which officials of the Office of Science and Technology Policy (OSTP) are authorized to serve as Acting Director when the Director position is vacant or when the Director is unable to perform those duties. OSTP advises the President and the Executive Office of the President on the effects of science and technology on domestic and international affairs, and it plays a key role in coordinating federal science, technology, and innovation policy.

The memorandum affects senior OSTP officials designated in the succession line, ensuring they have clear legal authority to act in the Director's capacity when needed. It preserves continuity in the coordination of federal science and technology policy during leadership gaps.

Designating acting officials through presidential memoranda is a standard administrative practice grounded in Article II of the Constitution. Such designations are routine during presidential transitions and are considered uncontroversial housekeeping measures. This memorandum ensures that OSTP functions continue without a leadership vacuum during the transition period.

AI-generated summary for educational purposes

Constitutional Analysis

How this action fits (or doesn't) within Article II authority and existing law

This presidential memorandum ("Memorandum on Designation of Officials of the Office of Science and Technology Policy To Act as Director") provides direction to executive branch agencies. Presidential memoranda function similarly to executive orders but are typically more narrow in scope, addressing specific agencies or implementation details. The President's authority to direct executive branch operations is grounded in Article II of the Constitution.

Memoranda are a routine administrative tool. They guide agencies on priorities, interpretation of statutes, and implementation procedures. As long as they operate within the bounds of existing law and respect congressional mandates, they are a standard exercise of presidential power that every modern administration has used.

Official Summary

DCPD202500019 * {margin:0; padding:0; text-indent:0; } .s1 { color: black; font-family:"Times New Roman", serif; font-style: italic; font-weight: normal; text-decoration: none; font-size: 12pt; } h1 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: bold; text-decoration: none; font-size: 12pt; } .s2 { color: black; font-family:"Times New Roman", serif; font-style: italic; font-weight: normal; text-decoration: none; font-size: 11pt; } .p, p { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 11pt; margin:0pt; } .s3 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 12pt; } .s4 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 9pt; } li {display: block; } #l1 {padding-left: 0pt;counter-reset: c1 1; } #l1> li>*:first-child:before {counter-increment: c1; content: "("counter(c1, lower-latin)") "; color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 11pt; } #l1> li:first-child>*:first-child:before {counter-increment: c1 0; } li {display: block; } #l2 {padding-left: 0pt;counter-reset: d1 2; } #l2> li>*:first-child:before {counter-increment: d1; content: "("counter(d1, lower-latin)") "; color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 11pt; } #l2> li:first-child>*:first-child:before {counte

Read the official documentOpen on GovInfo →