[Weekly Compilation of Presidential Documents Volume 45, Number 2 (Monday, January 19, 2009)]
[Pages 90-91]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on Designation of Officers of To Act as Administrator of the 
National Aeronautics and Space Administration

January 16, 2009

Memorandum for the Administrator of the National Aeronautics and Space 
Administration

Subject: Designation of Officers of the National Aeronautics and Space 
Administration To Act as Administrator

    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 National 
Aeronautics and Space Administration (NASA), in the order listed, shall 
act as and perform the functions and duties of the office of the 
Administrator of NASA (Administrator), during any period in which both 
the Administrator and Deputy Administrator of NASA (Deputy 
Administrator) have died, resigned, or otherwise become unable to 
perform the functions and duties of the office of Administrator, until 
such time as the Administrator or Deputy Administrator is able to 
perform the functions and duties of that office:

(a)          Associate Administrator;
(b)          Chief of Staff to the NASA Administrator;
(c)          Director for Johnson Space Flight Center;
(d)          Director for Kennedy Space Flight Center; and
(e)          Director for Marshall Space Flight Center.

    Sec. 2. Exceptions.(a) No individual who is serving in an office 
listed in section 1 in


[[Page 91]]

an acting capacity, by virtue of so serving, shall act as Administrator 
pursuant to this memorandum.
    (b) No individual listed in section 1 shall act as Administrator 
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 discretion, to the extent permitted by law, to depart from this 
memorandum in designating an acting Administrator.
    Sec. 3. 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, it agencies, 
instrumentalities, or entities, its officers, employees, or agents, or 
any other person.
    Sec. 4. You are authorized and directed to publish this memorandum 
in the Federal Register.
                                                George W. Bush

 [Filed with the Office of the Federal Register, 11:45 a.m., January 21, 
2009]

Note: This proclamation was released by the Office of the Press 
Secretary on January 16, and it will be published in the Federal 
Register on January 22.