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[Federal Register: December 12, 2006 (Volume 71, Number 238)]
[Presidential Documents]               
[Page 74751-74754]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12de06-151]                         

[[Page 74751]]

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Part VIII

The President

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Memorandum of December 8, 2006--Designation of Officers of the 
Department of Justice

                        Presidential Documents 

___________________________________________________________________

Title 3--
The President

[[Page 74753]]

                Memorandum of December 8, 2006

 
                Designation of Officers of the Department of 
                Justice

                Memorandum for the Attorney General

                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., I hereby order that:

Section 1. Order of Succession. During any period when the Attorney 
General, the Deputy Attorney General, the Associate Attorney General, and 
the officers designated by the Attorney General pursuant to 28 U.S.C. 508 
to act as Attorney General have died, resigned, or otherwise become unable 
to perform the functions and duties of the office of Attorney General, the 
following officers of the Department of Justice, in the order listed, shall 
perform the functions and duties of the office of Attorney General, if they 
are eligible to act as Attorney General under the Federal Vacancies Reform 
Act of 1998, until such time as at least one of the officers mentioned 
above is able to perform the functions and duties of the office of Attorney 
General:

United States Attorney for the Southern District of New York;

United States Attorney for the Eastern District of Virginia; and

United States Attorney for the Western District of Texas.

Sec. 2. Exceptions. (a) No individual who is serving in an office listed in 
section 1 in an acting capacity, by virtue of so serving, shall act as 
Attorney General pursuant to this memorandum.

(b) Notwithstanding the provisions of this memorandum, the President 
retains discretion, to the extent permitted by the Federal Vacancies Reform 
Act of 1998, 5 U.S.C. 3345 et seq., to depart from this memorandum in 
designating an acting Attorney General.

[[Page 74754]]

Sec. 3. The Memorandum for the Attorney General of March 19, 2002, entitled 
``Designation of Officers of the Department of Justice,'' is hereby 
revoked.

Sec. 4. The Attorney General is authorized and directed to publish this 
memorandum in the Federal Register. 


                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, December 8, 2006.

[FR Doc. 06-9691
Filed 12-11-06; 10:31 am]

Billing code 4410-19-M

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