The Biden Administration’s Initial Presidential Directives in Context

The Biden Administration’s Initial Presidential Directives in Context

INSIGHTi
The Biden Administration’s Initial
Presidential Directives in Context
Updated May 10, 2021
In its first 100 days, the Biden Administration issued a number of presidential directives that have drawn
significant public attention for their speed and range of purposes. A review of the pace with which recent
presidential Administrations issued executive orders shows the Biden Administration issued more
executive orders than its recent predecessors during the first week and first 100 days of a first term. This
Insight provides a brief overview of that activity and what it might mean for the rest of the
Administration.
What Are Presidential Directives?
Presidential directives are tools Presidents use to announce administration policy and make declarations
in their roles as leader of the executive branch, commander in chief of the Armed Forces, and head of
state. Directives include wel -known documents, such as executive orders and proclamations, as wel as a
variety of less wel -known documents, including memoranda, notices, and decisions. While there are
some legal y relevant differences among the types of directives, especial y related to whether they must
be published in the Federal Register, in most cases the form of the directive is not as clear or legal y
significant as it might appear, especial y in comparison to its content.
Presidential directives have the force and effect of law if they are based on power granted by the U.S.
Constitution, or delegated by Congress, to the President. However, because they are an exercise of the
authority of the presidency, existing directives can be, and frequently are, modified or revoked across
Administrations to reflect new or evolving priorities and policies. Such actions are especial y likely to
occur when a new President takes office. Also, if the President is acting under a grant of authority from
Congress, Congress may legislate to alter that authority, prevent the implementation of a directive, or
codify a directive in statute.
Some types of directives, such as executive orders and proclamations, are published in the Federal
Register and archived on its website. Al of the unclassified directives issued by the Biden Administration
to date are currently available on the White House website. These actions have received significant
attention and may raise a variety of legal and policy questions. The purpose of this Insight is to describe
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this activity general y and not provide details for individual orders. CRS has other products available
discussing the content of some of these actions.
What Has the Biden Administration Done So Far?
President Biden’s team has offered actions that include executive orders, proclamations, and memoranda.
During its first 100 days in office, the Biden Administration issued at least 115 presidential actions (as the
Administration refers to them), including 42 executive orders, 59 proclamations (most of which were
commemorative), and 14 memoranda establishing Administration policy. These presidential directives
cover a variety of issue areas, including the federal response to the COVID-19 pandemic, immigration,
the census, and government operations, and many explicitly revoke or supersede executive orders issued
during the Trump Administration.
While the White House website appears to include al nonclassified directives issued by President Biden
from January 20, 2021, to April 30, 2021, the Administration may have issued other classified directives
that are not publicly available and thus not identified.
How Does the Biden Administration Compare to Its
Predecessors?
The Biden Administration has exceeded any of its recent predecessors in the number of executive orders
issued during the first 100 days of its first term, as reflected in Table 1. After issuing significantly more
executive orders in his first week than other recent Presidents, President Biden’s pace has slowed. While
it may be possible to identify some presidential actions other than executive orders from previous
Administrations, it would be difficult to compare across Administrations due to differences in
classification and reporting of such actions.
Table 1. Executive Orders During First Year of New Presidential Administrations
2001-2021

First Week
First 100 Days
First Year
Joe Biden
24
42
n/a
Donald Trump
5
33
58
Barack Obama
5
19
41
George W. Bush
0
12
56
Source: Federal Register, “Executive Orders,” https://www.federalregister.gov/presidential-documents/executive-orders.
Notes: The table includes only those actions identified as executive orders in the Federal Register. The National Archives
and Records Administration maintains an online archive of executive orders that begins in 1994.
It remains to be seen how the Biden Administration wil compare to other Administrations over the course
of a full term. The unique confluence of circumstances attending the start of the Biden Administration,
including the COVID-19 pandemic and the change between political parties holding the presidency, may
be major drivers of the number of directives issued to date. If so, a fast start may not signal how the Biden
Administration wil use directives in the future to advance its legislative and policy agenda. The extent to
which President Biden is able to enact his priorities through legislation may be an important factor in the
Administration’s use of presidential directives. If that proves difficult in Congress, the Administration
may be more open to executive action on some issues.

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Just as it is difficult to guess how often President Biden might issue presidential directives over the course
of his time in office, it is also unclear how much effect those actions might have on government policy.
While President Biden has made clear changes to federal policy already, many of those actions revoked
Trump Administration policies or involved policy areas with long histories of presidential action.
Therefore, a major question among observers that remains unanswered is whether President Biden’s use
of presidential directives wil push the boundaries of presidential power.

Author Information

Ben Wilhelm

Analyst in Government Organization and Management

Disclaimer
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