Page:CRS Report 98-611.djvu/7

CRS-7

Homeland Security and the Homeland Security Council within the Executive Office of the President to assist with the planning and coordination of federal efforts to combat terrorism and maintain the domestic security of the United States. On October 29, 2001, the President issued the first instrument in a new series denominated Homeland Security Presidential Directives (HSPDs) “that shall record and communicate presidential decisions about the homeland security policies of the United States.” HSPDs are not published in the Federal Register, but are available from the White House website upon issuance and are subsequently published in the Weekly Compilation of Presidential Documents. The initial directive concerned the organization and operation of the Homeland Security Council. By late November 2008, 24 of these directives had been issued. Some, like HSPD-13 (NSPD-41), HSPD-14 (NSPD-43), HSPD-16 (NSPD-47), HSPD-20 (NSPD-51), and HSPD-24 (NSPD-59) were also issued concurrently as National Security Presidential Directives.

Interpretations

Only two presidential interpretations, denominated as such, have appeared in the Federal Register and CFR Title 3 compilations. The first, dated May 20, 1942, and signed by President Roosevelt, was a clarification and interpretation of E.O. 9128 of April 13, 1942, concerning functions of the Department of State and the Board of Economic Warfare.^[1] The second, dated November 5, 1943, was actually a letter to Attorney General Francis Biddle from President Roosevelt. It concerned the construction of E.O. 9346 of May 27, 1943, regarding the insertion in government contracts of a provision obligating signatory contractors not to discriminate against any employee or applicant for employment on account of race, creed, color, or national origin.^[2] Neither instrument was actually a presidential directive, but both did interpret previously issued directives. Furthermore, it could be argued that the President might have asked the Attorney General to prepare and issue these interpretations on his behalf, but apparently wished to offer his own viewpoint in these two instances.^[3]

Letters on Tariffs and International Trade

Presidential letters on tariffs and international trade have appeared in the Federal Register and the CFR since the beginning of their publication. The earliest, dated March 20, 1936, and addressed to the Secretary of the Treasury, directs the continuation of duties on imported goods produced by certain specified countries.^[4] Indeed, the Secretary of the Treasury appears to be the recipient of all such published letters appearing in CFR Title 3 compilations through 1978. The last such letter to

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1. Ibid., 1938-1943 Comp., pp. 1329-1330.
2. Ibid., 1943-1948 Comp., p. 1084.
3. The published legal interpretations of the Attorneys General appear in periodical volumes of the Official Opinions of the Attorney General of the United States for the years 1789-1974 and in the succeeding Opinions of the Office of Legal Counsel of the United States Department of Justice for the years 1977 to date.
4. See 3 C.F.R., 1936-1938 Comp., p. 419.