Providing an Order of Succession Within the Department of Justice
Signed: March 31, 2017
Published: April 5, 2017
Document Number: 2017-06971
đSummary
This executive order sets a backup line of succession for who will serve as Acting Attorney General if the Attorney General, the Deputy Attorney General, the Associate Attorney General, and any other DOJ officials already authorized to step in are all unable to serve. It affects the Department of Justice leadership and specifically names three U.S. AttorneysâEastern District of Virginia, Eastern District of North Carolina, and Northern District of Texasâin that order, to take over temporarily. It says these officials can only serve if they are not already âactingâ in their current jobs and if they meet the eligibility rules under the Federal Vacancies Reform Act. It also revokes a prior succession order (Executive Order 13775) and notes the President may choose a different acting Attorney General when the law allows.
đźBusiness Impact
This order mainly affects businesses that are highly exposed to DOJ enforcementâgovernment contractors, financial services, healthcare/life sciences, defense/aerospace, energy, and any company with significant FCPA, antitrust, fraud, sanctions/export-control, or cybersecurity investigationsâbecause it clarifies who can lead DOJ during leadership vacancies and can influence enforcement continuity and priorities. There are no new direct compliance requirements, but it reduces uncertainty around DOJ decision-making in transitions, creating an opportunity to proactively resolve matters (e.g., negotiate settlements, DPAs/NPAs, or disclosure decisions) when leadership is stable and authorized. Immediate actions: companies with open DOJ matters should confirm their engagement strategy and timelines with counsel (including who has settlement/charging authority), and all regulated firms should stress-test core compliance programs (anti-bribery, antitrust, AML/sanctions, procurement integrity) to be ready for consistent enforcement even during DOJ leadership changes. If you operate in EDVA/EDNC/NDTX footprints, monitor those U.S. Attorneysâ offices for policy signals, since their leaders could temporarily shape DOJ posture under this succession plan.
Full Text
Executive Order 13787 of March 31, 2017
Providing an Order of Succession Within the Department of Justice
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. Subject to the provisions of section 2 of this order, the following officers, in the order listed, shall act as and perform the functions and duties of the office of Attorney General during any period in which the Attorney General, the Deputy Attorney General, the Associate Attorney General, and any officers designated by the Attorney General pursuant to 28 U.S.C. 508 to act as Attorney General, have died, resigned, or otherwise become unable to perform the functions and duties of the office of Attorney General, until such time as at least one of the officers mentioned above is able to perform the functions and duties of that office:
(a) United States Attorney for the Eastern District of Virginia;
(b) United States Attorney for the Eastern District of North Carolina; and
(c) United States Attorney for the Northern District of Texas.
Sec. 2 . Exceptions. (a) No individual who is serving in an office listed in section 1 of this order in an acting capacity, by virtue of so serving, shall act as Attorney General pursuant to this order.
(b) No individual listed in section 1 shall act as Attorney General unless that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998.
(c) Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by law, to depart from this order in designating an acting Attorney General.
Sec. 3 . Revocation of Executive Order.Executive Order 13775 of February 9, 2017, is revoked. ( printed page 16724)
Sec. 4 . General Provision. This order 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.
THE WHITE HOUSE,
March 31, 2017.