Memorandum Within Constitutional Authority

Memorandum on Providing an Order of Succession Within the Federal Mediation and Conciliation Service

Issued 2017-01-13 by Barack Obama

Plain-English Overview

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

This memorandum establishes a clear chain of command for the Federal Mediation and Conciliation Service in case the Director cannot serve. Under this order, if the Director dies, resigns, or becomes unable to perform their duties, the Deputy Director would step in to lead the agency. If the Deputy Director is unavailable, the Manager of National Programs and Initiatives would assume those responsibilities. This succession plan operates under the Federal Vacancies Reform Act of 1998.

The order affects the internal operations of the Federal Mediation and Conciliation Service, a federal agency, by designating which officials can temporarily fill the Director's role during a vacancy. However, the memorandum specifies that someone already serving in an acting capacity cannot use this order to become acting Director, and anyone stepping in must meet the legal requirements set by the Federal Vacancies Reform Act. The President retains the discretion to choose someone different if permitted by law.

This type of succession planning matters because it ensures the agency can continue functioning without interruption during leadership transitions. By establishing a predetermined order, the memorandum prevents confusion about who is authorized to make decisions and lead the agency when the Director position becomes vacant.

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 Providing an Order of Succession Within the Federal Mediation and Conciliation Service") 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

Administration of Barack Obama, 2017 Memorandum on Providing an Order of Succession Within the Federal Mediation and Conciliation Service January 13, 2017 Memorandum for the Director of the Federal Mediation and Conciliation Service Subject: Providing an Order of Succession Within the Federal Mediation and Conciliation Service By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345, et seq . (the "Act"), it is hereby ordered that: Section 1 . Order of Succession . Subject to the provisions of section 2 of this memorandum, and to the limitations set forth in the Act, the following officials of the Federal Mediation and Conciliation Service, in the order listed, shall act as and perform the functions and duties of the Office of the Director of the Federal Mediation and Conciliation Service (Director), during any period in which the Director has died, resigned, or otherwise become unable to perform the functions and duties of the Office of the Director: (a) Deputy Director, Field Operations; (b) Deputy Director; and (c) Manager, National Programs and Initiatives.

Read the official documentOpen on GovInfo →