Presidential Memoranda: Opioids, JFK, Unmanned Aircraft Systems

I will be covering recent Presidential Memoranda in a series of posts since some memoranda can be summarized in a couple of sentences, but others require a lengthier write up.

Combatting the National Drug Demand and Opioid Crisis

This memoranda was signed October 26, 2017 and is addressed to all Executive Branch heads.  It has 3 sections and seems structured as if there had originally been a desire to issue this as an Executive Order.

Section 1

This section defines the policy.  In the first sentence it states that the US will do everything lawfully possible to combat drug demand and opioid addiction.  The rest of the section summarizes many details as to why the drug crisis is truly a crisis.  One thing that is interesting for me in this section is that it mentions that fentanyl is manufactured almost exclusively in China and yet, China is not included in the determination of drug countries such as Mexico.

Section 2

This section directs the Secretary of Health and Human Services to declare a Public Health Emergency consistent with 42 USC 247.  This provides additional resources to combatting the drug problems.  However, there is another level of declaration above a Public Health Emergency and in the press, there was criticism that it was not used given the scope and deadliness of the scourge of opioid addiction.

Section 3

This section includes certain fine print to assure the constitutionality of the memorandum.

Temporary Certification of Certain Records Related to the Assassination of President John F. Kennedy

This memorandum was signed on October 26, 2017 and is addressed to all Executive Branch heads.  It does not have any sections and 5 unnumbered paragraphs.  There was quite some public excitement prior to the issue of this memorandum because of the large public interest in the records related to the actions that were taken after President Kennedy was assassinated.  In the end, the next date to put on your calendar is April 26, 2018.  Additional records should be released at that time and it is when another memorandum will have to be issued if not all records get release per the statute.

Unmanned Aircraft Systems Integration Pilot Program

This Memorandum was signed on October 25, 2017.  It has 7 sections.  It does not note any specific citation of authority in the preamble.  The term "Unmanned Aircraft Systems" (UAS) seems to be referring to drones including drones that might transport people.

Section 1

This section defines the policy which is that UAS will need to be considered within the Federal Aviation Administration to ensure that there are rules on how UAS are controlled and how they interact with other aircraft.

Section 2

This section states that within 90 days, a pilot program will be established.

Section 3

This section describes how the program will be implemented.  Through agreements with State, local and tribal governments, the FAA will set up zones which will use different models of FAA to local government interaction and have diverse environments so that data can be gathered as to what works and what is problematic.

Section 4

This section has a lede line of "Coordination" and details how some agencies need to work together.

Section 5

This section states that the program is to terminate after 3 years.  This section also requires a report to be written annually and after the program is completed.

Section 6

This section provides definitions for "unmanned aircraft system", "public unmanned aircraft system", and "civil unmanned aircraft system".

Section 7

This section has the usual legal fine print to assure that as an executive action, it does not overstep the lines of the constitution.