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 Other Presidential Documents (b) No individual listed in section 1(a)–(d) of this memorandum shall act as Archivist unless that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998, as amended.

(c) Notwithstanding the provision of this memorandum, the President retains discretion, to the extent permitted by law, to depart from this memorandum in designating an acting Archivist.

Sec. 3. Prior Memorandum Revoked. The Memorandum for the Archivist of the United States of March 22, 2006 (Designation of Officers of the National Archives and Records Administration), is hereby revoked.

Sec. 4. Judicial Review. This memorandum 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. 5. Publication. The Archivist is authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA THE WHITE HOUSE,

Washington, May 21, 2012.

Memorandum of May 21, 2012

Memorandum for the Director of the Office of Personnel Management 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. (the ‘‘Act’’), it is hereby ordered that:

Section 1. Order of Succession. Subject to the provisions of section 2 of this memorandum, and to the limitations set forth in the Act, the following officials of the Office of Personnel Management, in the order listed, shall act as and perform the functions and duties of the office of Director, during any period in which both the Director and the Deputy Director of the Office of Personnel Management, have died, resigned, or are otherwise unable to perform the functions and duties of the office of Director:

(a) General Counsel;

(b) Chief of Staff;

(c) Associate Director, Retirement Services;

(d) Associate Director, Employee Services;

(e) Director, Office of Congressional and Legislative Affairs;

(f) Associate Director, Federal Investigative Services; 383