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Locating Presidential Documents

Introduction

The President has wide-ranging lawmaking authority in the conduct of foreign affairs and as commander in chief of the armed forces. In fulfilling these roles, the President issues executive orders, proclamations, directives, memoranda, presidential determinations, letters, and reorganization plans.

Two of the most common types of presidential documents are executive orders and proclamations. Both are effective upon publication in the Federal Register, a daily publication of the Office of the Federal Register which contains presidential documents, notices of agency meetings, and proposed and final agency regulations.

This research guide is divided into three parts: types of presidential documents, locations of presidential documents (which is further divided into sections that address the different types of documents), and ways to update presidential documents.

A. Types of Presidential Documents
Documents with a standardized numbering system.
Executive orders, proclamations, reorganization plans, presidential determinations, and executive agreements are identified by assigned numbers which are the official and permanent means of identifying the documents. Older executive orders (they have been issued since 1789) were not numbered, and there is a separate series of these unnumbered executive orders.

Executive agreements are agreements with other countries. Unlike treaties, they do not require the advice and consent of the Senate.

Executive orders cover a wide range of issuances and are generally issued to government officials. They relate to the conduct of government business or to the organization of executive agencies. Authority for executive orders is derived from the nature of the President's office, his role as commander in chief of the armed forces, the Constitution, and existing legislation.

Presidential determinations state whether certain provisions of law are or are not in the national interest.

Proclamations are general announcements of policy addressed to the entire nation.

Reorganization plans consist of presidential proposals for changes in the form of agencies, and can abolish or transfer agency functions. A reorganization plan must now be approved by both houses of Congress before it can take effect. Reorganization plans are identified by year and plan number within that year.

Documents without a standardized numbering system.
Directives are used to designate matters, such as assignments for officials of agencies.

Letters can be instructions to chiefs of diplomatic missions or trade agreement letters issued under GATT.

Memoranda are usually issued to the heads of departments or agencies.

Messages to Congress are typically communications to Congress by the President. They may propose new legislation, explain vetoes, transmit documents, or convey information about the state of national affairs or other matters of concern.

Presidential signing statements are often made upon signing a piece of legislation.

Presidential Documents On-Line

The Internet
Executive orders, proclamations, and other presidential documents may also be found on the World Wide Web. Coverage dates vary depending upon the type of document. This research guide includes information on documents that are available on the web. The Ole Miss Law Library’s "Legal Resources" web site has organized links to the various types of documents available. Choose "Federal Links," then "Executive Branch," then "Presidential Documents."

Lexis/Westlaw
Presidential documents published in Federal Register, C.F.R., Weekly Compilation of Presidential Documents, the United States Code, and the Congressional Record are also available on Lexis and Westlaw. For more information, please consult the services’ print directories.

B. Locating Presidential Documents
This section is divided into the six categories of presidential documents.
1. Executive Orders and Proclamations

Federal Register
Executive orders and proclamations can be found in the daily Federal Register (from 1936-present) (LOCATION: Latest twelve months, 3rd floor along the front wall. Older issues: 2nd floor, microfiche. Issues from 1994 to the present are also on the Internet at http://www.access.gpo.gov/su_docs/aces/aces140.html). In the Federal Register Index, which is published monthly and cumulated annually, these documents are listed under "Presidential Documents," "President of the U.S.," or by subject. There is a commercial weekly index to the Federal Register, the CIS Federal Register Index (LOCATION: Most recent issues shelved with the C.F.R. on 3rd floor, older issues on 2nd floor, issues older than two years on microfiche on 2nd floor), which also indexes orders and proclamations. The CIS index is more detailed than the Federal Register Index.

Code of Federal Regulations
At the end of each year, these documents are compiled in Title 3, The President, of the Code of Federal Regulations (C.F.R.) (LOCATION: Current year: 3rd floor along the front wall. Previous three years: in hard copy dating back to 1982 in Room 201 of the library. Earlier years: 2nd floor microfiche. 1994-present also on the Internet at http://www.access.gpo.gov/nara/cfr/index.html). Executive orders and proclamations are arranged by document number. Title 3 of the C.F.R. also has its own subject index to locate an executive order or proclamation by subject.

Weekly Compilation of Presidential Documents
The Weekly Compilation of Presidential Documents (LOCATION: 3rd floor; 1993-the present on the Internet at http://www.access.gpo.gov/nara/nara003.html), which began publication August 2, 1965, also contains executive orders and proclamations. The Weekly Compilation has quarterly, semiannual, and annual indexes. Furthermore, each issue carries a cumulative index to prior issues.

Public Papers of the Presidents
Public Papers of the Presidents (LOCATION: 4th floor, call# J82; 1995-97 on the Internet at http://www.gpo.gov/nara/pubpaps/srchpaps.html) contains the public papers of all presidents since Herbert Hoover, with the exception of the papers of Franklin D. Roosevelt (which were published privately). It includes executive orders and proclamations. They are listed under "executive orders" and "proclamations" in the index.

Presidential Executive Orders
This publication has the full text of executive orders from 1862-1938 in print. (LOCATION: 4th floor, J80 .A73; 1993-present on the Internet at http://www.archives.gov/federal_register/executive_orders/executive_orders.html.)

Congressional Record
The Congressional Record (LOCATION: 2nd floor, Gov Doc #X1.1:congress/session/v./no.; volumes 123-128, 131-136 on microfiche; 1989-present on the Internet at http://thomas.loc.gov/home/thomas.html) often includes the text of orders and proclamations. Indexing is under "President" and by subject. The Congressional Record can be searched on LEXIS and WESTLAW from 1985 to the present.

U.S.C.C.A.N.
Since 1943, executive orders have been published in United States Code Congressional and Administrative News (U.S.C.C.A.N.) (LOCATION: 3rd floor, range 325 along the library’s front wall).

U.S. Code
Some executive orders, issued under the authority of a specific statute, are published in the U.S.C., U.S.C.S., and U.S.C.A. (LOCATION: 3rd floor, range 325 along the front wall) following the text of the statutory section. Executive orders and proclamations can also be located in U.S.C., U.S.C.A., and U.S.C.S. in the subject index under "executive orders" and "proclamations." The "Tables" volumes of U.S.C.A. and U.S.C.S. list executive orders, reorganization plans, and proclamations and their location in the Code. U.S.C.A. also includes the status of these documents. U.S.C. contains separate tables listing executive orders and proclamations, their location in the code, and status information.

CIS Index to Presidential Executive Orders and Proclamations
This publication (LOCATION: 2nd floor microfiche) indexes older proclamations and orders (1789 through 1980) by subject, personal name, and date. The title and brief description of the executive orders are provided.

Codification of Presidential Proclamations and Executive Orders
This publication (LOCATION: Reference, call# KF70 .A473) contains executive orders and proclamations issued from 1945 to 1989. They are arranged by subject into fifty chapters similar to the titles of the C.F.R.. Any subsequent amendments to an executive order have been incorporated into its text. Also reflected are changes made by a document other than an executive order, such as a public law or federal regulation. The preface to the Codification states that the publication is an editorial codification and is not to be used as definitive legal authority.

A Compilation of the Messages and Papers of the Presidents
Unnumbered executive orders were compiled in this publication which covers 1789-August 4, 1923. This set was issued as part of the Congressional Serial Set (volumes 3265-1 through 10). Volume 10 of the set contains an index. (LOCATION: 4th floor; call# J81 .B96 1927.)

Legal Compilation: Statutes and Legislative History, Executive Orders, Regulations, Guidelines and Reports
This publication (LOCATION: 2nd floor microfiche) includes executive orders relating to the United States Environmental Protection Agency.

Looseleaf services
Specialized looseleaf services such as the BNA's Environment Reporter often contain the text of executive orders and proclamations.

United States Statutes at Large
Proclamations, but not executive orders, are published in the Statutes at Large (LOCATION: 3rd floor, range 333).

2. Memoranda, Directives, Letters, and Presidential Determinations

Federal Register
These presidential documents are published in the Federal Register under "Presidential Documents" or "President of the U.S."

C.F.R.
In Title 3 of the C.F.R., these items are listed by type of document following the section of executive orders.

Weekly Compilation of Presidential Documents
In the Weekly Compilation of Presidential Documents (LOCATION: 3rd floor; 1993- present also on the Internet at http://www.access.gpo.gov/nara/nara003.html), these documents are listed under "letters and messages' and "communications to federal agencies."

Public Papers of the Presidents
Public Papers of the Presidents (LOCATION: 4th floor, call# J82) contains the texts of these documents. Like the Weekly Compilation, these documents are listed under "letters and messages" and "communications to federal agencies."

Looseleaf services
Some of these documents can also be found in specialized looseleaf services.

3. Messages to Congress

Congressional Record
Most messages are reprinted as congressional documents. They are printed in the Congressional Record and listed in the Congressional Record Index under "President of the U.S." (LOCATION: 2nd floor, Gov Doc #X1.1:congress/session/v./no.; volumes 123-128, 131-136 on microfiche; 1989-present also on the Internet at http://thomas.loc.gov/home/thomas.html.)

U.S. Congressional Serial Set
Presidential messages are printed as House Documents, which are published as part of the U.S. Congressional Serial Set. (LOCATION: 2nd floor, Gov Doc # Y 1.1/2.)

House and Senate journals
Messages are reprinted in the House and Senate journals. The Library has them on CD-ROM (LOCATION: 2nd floor, room 201).

Weekly Compilation of Presidential Documents
The index of the Weekly Compilation of Presidential Documents (LOCATION: 3rd floor; from 1993-present on the Internet at http://www.access.gpo.gov/nara/nara003.html) lists the documents under "Messages" and "Communications to Congress."

U.S.C.C.A.N.
Selected messages are printed in U.S.C.C.A.N. (LOCATION: 3rd floor, range 325).

4. Presidential Signing Statements

Weekly Compilation of Presidential Documents
Statements made by the President upon signing a piece of legislation into law are published in the Weekly Compilation of Presidential Documents (LOCATION: 3rd floor; 1993-present also on the Internet at http://www.access.gpo.gov/nara/nara003.html) and are listed under "bill signings" in the index.

U.S.C.C.A.N.
Since 1986, presidential statements have been selectively printed in U.S.C.C.A.N. (LOCATION: 3rd floor, range 325).

Public Papers of the Presidents
Presidential statements are also published in Public Papers of the Presidents (LOCATION: 4th floor, call# J82) and listed under "bill signings" in the index.

5. Executive Agreements
Executive agreements often take as long as five years to be published and can be very difficult to locate. Some are contained in the microfiche set published by Hein: United States Treaties and Other International Agreements Current Microfiche Service (LOCATION: 2nd floor microform). The set covers treaties and agreements issued from December 1990 to the present and has a paper index. The agreements are also published in United States Treaties and Other International Agreements (LOCATION: 4th floor, call# JX231 .A34). They may also be listed in Treaties in Force (LOCATION: 4th floor, call# JX235.9 .A33).
6. Reorganization Plans
Reorganization plans are reprinted in the Federal Register, Statutes at Large, U.S.C.C.A.N. (since 1943), Title 3 of the C.F.R., and in the appendix to Title 5 of U.S.C., U.S.C.A., and U.S.C.S. under the reorganization plan number. Reorganization plans issued under a specific statute are reprinted in notes following the statutory section(s) in the U.S.C., U.S.C.A. and U.S.C.S. In their Tables volumes, U.S.C., U.S.C.A., and U.S.C.S. list reorganization plans and their location in the Code.

C. Updating Presidential Documents
List of Sections Affected Title 3 of the C.F.R. is revised in January of each year. In order to be sure that a presidential document has not been amended, revoked, or affected by another document at some point during the year, it is necessary to update the C.F.R. volume using the List of Sections Affected (LSA) (LOCATION: 3rd floor; 1997-present on the Internet at http://www.access.gpo.gov/nara/lsa/aboutlsa.html). LSA is the means used for updating federal agency regulations. Issued monthly, LSA is arranged by title, chapter, and section number of the C.F.R..

In LSA, presidential documents which have been amended, revoked, or affected by another presidential document are listed under Title 3, by type (proclamations, executive orders, etc.) and then by number or date. The corresponding page number of the Federal Register is given which contains the text of the amending document.

After consulting the latest monthly LSA pamphlet, it is necessary to be absolutely sure no other recent documents have affected your document. The last Federal Register issue of the month for the month(s) following the date of the last published LSA pamphlet should be consulted. LSA tables are cumulated in each daily Federal Register issue. They are arranged by title and document type. Federal Register page numbers are given for the amending documents.

Shepard's
Executive orders, proclamations, and reorganization plans are included in Shepard’s Code of Federal Regulations Citations (LOCATION: 3rd floor, range 334). Executive orders are also included in Shepard’s United States Citations - Statutes (LOCATION: 3rd floor, range 334) under a U.S.C. citation. Proclamations can also be shepardized using the Statutes at Large citation in Shepard’s United States Citations - Statutes. Reorganization plans are also in Shepard’s United States Citations under their Statutes at Large or U.S.C. citations.

C.F.R. Tables
Title 3 of the C.F.R. contains a valuable table in the back of the volume entitled "Presidential Documents Affected During [year]." The table lists presidential documents by type and number (LOCATION: 3rd floor, range 326).

Another valuable table found in the back of Title 3 of the C.F.R. lists statutes cited as authority for presidential documents. Statutes are listed alphabetically by short title of the act, Statutes at Large, U.S.C., and public law citations.

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