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 Title 3--The President 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, includin\365 the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., I hereby order that: Section 1. Order of Succession. Durin\365 any period when the Attorney General, the Deputy Attorney General, the Associate Attorney General, and the officers desi\365nated by the Attorney General pursuant to 28 U.S.C. 508 to act as Attorney General have died, resi\365ned, or otherwise become unable to perform the functions and duties of the office of Attor- ney General, the followin\365 officers of the Department of Justice, in the order listed, shall perform the functions and duties of the office of Attor- ney General, if they are eli\365ible to act as Attorney General under the Fed- eral 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 Vir\365inia; and United States Attorney for the Western District of Texas. Sec. 2. Exceptions. (a) No individual who is servin\365 in an office listed in section 1 in an actin\365 capacity, by virtue of so servin\365, shall act as Attorney General pursuant to this memorandum. (b) Notwithstandin\365 the provisions of this memorandum, the President retains discretion, to the extent permitted by the Federal Vacancies Re- form Act of 1998, 5 U.S.C. 3345 et seq., to depart from this memorandum in desi\365natin\365 an actin\365 Attorney General. Sec. 3. The Memorandum for the Attorney General of March 19, 2002, entitled "Desi\365nation 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 Re\365ister. GEORGE W. BUSH THE WHITE HOUSE, Washington, December 8, 2006. 326

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