Memorandum on Designation of Officers of the National Archives and Records Administration To Act as Archivist of the United States
Memorandum for the Archivist of the United States
Subject: Designation of Officers of the National Archives and Records Administration to Act as Archivist of the United States
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, as amended, 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 the limitations set forth in the Act, the following officials of the National Archives and Records Administration, in the order listed, shall act as and perform the functions and duties of the office of the Archivist of the United States (Archivist), during any period in which both the Archivist and the Deputy Archivist have died, resigned, or otherwise become unable to perform the functions and duties of the office of the Archivist:
(a) Chief Operating Officer;
(b) Chief of Management and Administration;
(c) Executive for Agency Services;
(d) Director, National Personnel Records Center; and
(e) Director, George Bush Presidential Library and Museum.
Sec. 2. Exceptions. (a) No individual who is serving in an office listed in section 1(a)-(e) of this memorandum in an acting capacity shall, by virtue of so serving, act as Archivist pursuant to this memorandum.
(b) No individual listed in section 1(a)-(e) 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 provisions 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 May 21, 2012 (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. You are authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA
NOTE: This memorandum was published in the Federal Register on December 30.
Barack Obama, Memorandum on Designation of Officers of the National Archives and Records Administration To Act as Archivist of the United States Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/321106