ExecutiveOrdersEO
MemoMemorandumG.W. Bush · R

Presidential Memorandum

Designation of Officers of the Federal Bureau of Investigation

This memorandum establishes the order of succession for the FBI Director position, specifying which officials would assume the role if the Director dies, resigns, or becomes unable to perform duties. It lists six levels of succession from Deputy Director down to specific Assistant Directors of field offices, with exceptions for acting officials and preservation of presidential discretion.

Federal Register Open PDF 72 FR 7343

Impact dates

  1. FBI Director to publish memorandum in Federal Register

Key directives

  • Establish order of succession for FBI Director position
  • Exclude acting officials from succession by virtue of acting service
  • Require eligibility under Federal Vacancies Reform Act of 1998
  • Preserve presidential discretion to depart from this memorandum
  • Direct FBI Director to publish in Federal Register

Who is ordered

Timeline

Immediate

  • Order of succession takes effect immediately upon signing

Near term (90d)

  • FBI Director to publish memorandum in Federal Register

Long term

  • Succession framework remains in place until superseded

Risks & tensions

  • Presidential discretion clause (Sec. 2(c)) creates tension with orderly succession planning
  • Exclusion of acting officials may create gaps if multiple positions are vacant
  • Judicial review disclaimer (Sec. 3) limits enforceability if succession disputed
Presidential Memorandum: Designation of Officers of the Federal Bureau of Investigation · Executive Orders