[Weekly Compilation of Presidential Documents Volume 43, Number 6 (Monday, February 12, 2007)]
[Pages 139-140]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on Designation of Officers of the Federal Bureau of 
Investigation

February 9, 2007

Memorandum for the Director of the Federal Bureau of Investigation

Subject: Designation of Officers of the Federal Bureau of Investigation

    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., it is hereby 
ordered that:
    Section 1. Order of Succession. During any period when the Director 
of the Federal Bureau of Investigation (Director) has died, resigned, or 
otherwise become unable to perform the functions and duties of the 
office of the Director, the following officials of the Federal Bureau of 
Investigation, in the order listed, shall perform the functions and 
duties of the office of the Director of the Federal Bureau of 
Investigation, until such time as the Director is able to perform the 
functions and duties of the office of Director of the Federal Bureau of 
Investigation:
    (a) Deputy Director of the Federal Bureau of Investigation;
    (b) Associate Deputy Director of the Federal Bureau of 
Investigation;
    (c) Executive Assistant Director of the National Security Branch;
    (d) Executive Assistant Director for Criminal, Cyber, Response and 
Services; and
    (e) The Assistant Directors of the Federal Bureau of Investigation, 
in the order listed:
(1)         Assistant Director, Counterterrorism Division;
(2)         Assistant Director, Criminal Investigative Division;
(3)         Assistant Director, Counterintelligence Division;
(4)         Assistant Director, Washington Field Office;
(5)         Assistant Director, New York Field Office; and
(6)         Assistant Director, Los Angeles Field Office.
    Sec. 2. Exceptions.
    (a) No individual who is serving in an office listed in section 1 in 
an acting capacity,

[[Page 140]]

by virtue of so serving, shall act as the Director pursuant to this 
memorandum.
    (b) No individual shall act as Director unless that individual is 
otherwise eligible to so serve under the Federal Vacancies Reform Act of 
1998.
    (c) Notwithstanding the provisions of this memorandum, the President 
retains discretion, to the extent permitted by law, to depart from this 
memorandum in designating an acting Director.
    Sec. 3. Judicial Review. This memorandum is intended to improve the 
internal management of the executive branch and is not intended to, and 
does not, create any right or benefit, substantive or procedural, 
enforceable at law or in equity by any party against the United States, 
its departments, agencies, or entities, its officers, employees, or 
agents, or any other person.
    Sec. 4. The Director of the Federal Bureau of Investigation is 
authorized and directed to publish this memorandum in the Federal 
Register.
                                                George W. Bush