Memorandum on Expanding State-Approved Diagnostic Tests
Issued 2020-03-13 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This presidential memorandum, titled "Memorandum on Expanding State-Approved Diagnostic Tests," directs the Secretary of Health and Human Services to facilitate requests from states that wish to authorize their own laboratories to develop and perform tests for COVID-19. This means that if a state asks for flexibility to allow its labs to create and use their own COVID-19 tests, the Secretary should take appropriate action, consistent with law, to make that happen. The memorandum notes that this kind of flexibility was already provided to the State of New York in coordination with the Food and Drug Administration.
The purpose of this action is to take proactive measures to prepare for and respond to public health threats, specifically the public health emergency involving Coronavirus Disease 2019 (COVID-19). By offering states more flexibility, the goal is to improve coordination among federal, state, local, and tribal agencies and help states care for their citizens. This type of presidential memorandum is a routine administrative tool used by presidents to guide executive branch agencies on priorities and procedures, based on the President's authority under Article II of the Constitution to direct executive branch operations.
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 Expanding State-Approved Diagnostic Tests") 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
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