[Weekly Compilation of Presidential Documents Volume 38, Number 40 (Monday, October 7, 2002)]
[Page 1687]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on Designation of Officers of the Department of Commerce To 
Act as Secretary of Commerce

October 3, 2002

Memorandum for the Secretary of Commerce

Subject: Designation of Officers of the Department of Commerce to Act as 
Secretary of Commerce

    By the authority vested in me as President under the Constitution 
and laws of the United States of America and pursuant to the Federal 
Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., I hereby order 
that:
    Section 1. Order of Succession.
    During any period when the Secretary of Commerce (Secretary), the 
Deputy Secretary of Commerce (Deputy Secretary), and the officers 
designated by Executive Order 13242 of December 18, 2001, to perform the 
functions and duties of the office of Secretary have died, resigned, or 
otherwise become unable to perform the functions and duties of the 
office of Secretary, the Director, Tropical Storm Prediction Center, an 
officer of the Department of Commerce, shall perform the functions and 
duties of the office of Secretary, if he is eligible to act as Secretary 
under the provisions of the Federal 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 Secretary.
    Sec. 2. Exceptions.
(a)         No individual who is serving as Director, Tropical Storm 
            Prediction Center in an acting capacity shall, by virtue of 
            so serving, act as Secretary pursuant to this memorandum.
(b)         Notwithstanding the provisions of this memorandum, the 
            President retains discretion, to the extent permitted by the 
            Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345-3349d, 
            to depart from this order in designating an acting 
            Secretary.
    Sec. 3. Publication.
    The Secretary of Commerce is authorized and directed to publish this 
memorandum in the Federal Register.
                                                George W. Bush

Note: This memorandum was released by the Office of the Press Secretary 
on October 4. An original was not available for verification of the 
content of this memorandum.