Memorandum Within Constitutional Authority

Memorandum on Designation of Officers or Employees of the Office of Science and Technology Policy to Act as Director

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 order of succession for who will temporarily lead the Office of Science and Technology Policy if the Director dies, resigns, or becomes unable to perform their duties. The memorandum lists seven officials in order of priority, starting with the Principal Deputy Director and continuing through various Associate Directors, the Chief of Staff, Deputy Chief of Staff, and General Counsel. Whichever official is highest on the list and available would step in to perform the Director's functions until the actual Director returns or a permanent replacement is appointed.

The action affects the internal operations of the Office of Science and Technology Policy, a White House office that advises the President on science and technology matters. It ensures that this office continues to function without interruption during leadership transitions or emergencies. The memorandum operates under the Federal Vacancies Reform Act of 1998, which governs how temporary appointments work in the executive branch.

This type of succession planning is routine administrative housekeeping that helps maintain continuity in government operations. By establishing a predetermined order rather than deciding case-by-case who should temporarily fill the role, the memorandum provides clarity and stability. The President retains the discretion to choose someone else if needed, and the memorandum specifically notes it doesn't create any legal rights that could be enforced in court.

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 Officers or Employees 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

Administration of Barack Obama, 2017 Memorandum on Designation of Officers or Employees of the Office of Science and Technology Policy to Act as Director January 13, 2017 Memorandum for the Director of the Office of Science and Technology Policy Subject: Designation of Officers or Employees of the Office of Science and Technology Policy to Act as Director 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 the limitations set forth in the Act, the following officials of the Office of Science and Technology Policy (OSTP), in the order listed, shall act as and perform the functions and duties of the office of the Director of OSTP (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 Director, until such time as the Director is able to perform the functions and duties of that office: (a) Associate Director (National Security and International Affairs); <P

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