[Weekly Compilation of Presidential Documents Volume 44, Number 41 (Monday, October 20, 2008)]
[Page 1358]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on Designation of Officers of the Social Security 
Administration to Act as the Commissioner of Social Security

October 17, 2008

Memorandum for the Commissioner of Social Security

Subject: Designation of Officers of the Social Security Administration 
to Act as the Commissioner of Social Security

    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 memorandum, the following officials of the Social Security 
Administration, in the order listed, shall act as and perform the 
functions and duties of the office of the Commissioner of Social 
Security (Commissioner), during any period in which both the 
Commissioner and Deputy Commissioner have died, resigned, or become 
otherwise unable to perform the functions and duties of the office of 
the Commissioner, until such time as the Commissioner or Deputy 
Commissioner are able to perform the duties of that office:
(a)          Chief of Staff;
(b)          Deputy Commissioner for Operations;
(c)          Deputy Commissioner for Budget, Finance and Management;
(d)          Deputy Commissioner for Systems;
(e)          Deputy Commissioner for Quality Performance;
(f)          Regional Commissioner, Atlanta; and
(g)          Regional Commissioner, Dallas.
    Sec. 2. Exceptions. (a) No individual who is serving in an office 
listed in section 1 in an acting capacity, by virtue of so serving, 
shall act as Commissioner pursuant to this memorandum.
    (b) No individual listed in section 1 shall act as Commissioner 
unless that individual is otherwise eligible to so serve under the 
Federal Vacancies Reform Act of 1998.
    (c) Notwithstanding the provisions of this memorandum, the President 
retains the discretion, to the extent permitted by law, to depart from 
this memorandum in designating an acting Commissioner.
    Sec. 3.  This memorandum supersedes the President's Memorandum of 
April 17, 2006 (Designation of Officers of the Social Security 
Administration).
    Sec. 4.  This memorandum is intended to improve the internal 
management of the executive branch and 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 agencies, 
instrumentalities, or entities, its officers, employees, or agents, or 
any other person.
    Sec. 5.  You are authorized and directed to publish this memorandum 
in the Federal Register.
                                                George W. Bush

 [Filed with the Office of the Federal Register, 11:15 a.m., October 20, 
2008]

Note: This memorandum will be published in the Federal Register on 
October 21.