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[Federal Register: March 11, 2011 (Volume 76, Number 48)]
[Presidential Documents]
[Page 13499-13500]


                        Presidential Documents



                Memorandum of March 8, 2011


                Designation of Officers of the Office of the
                Director of National Intelligence To Act as Director of
                National Intelligence

                Memorandum for the Director of National Intelligence

                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. Subject to the provisions of sections 3 and
                4 of this memorandum, the officers of the Office of the
                Director of National Intelligence named in section 2,
                in the order listed, shall act as and perform the
                functions and duties of the Director of National
                Intelligence (DNI), during any period in which the DNI
                and the Principal Deputy Director of National
                Intelligence have died, resigned, or otherwise become
                unable to perform the functions and duties of the DNI,
                until such time as the DNI or the Principal Deputy
                Director of National Intelligence is able to perform
                the functions and duties of the DNI.

                Sec. 2. Order of Succession.

                    (a) Deputy Director of National Intelligence for
                Intelligence Integration;
                    (b) Director of the National Counterterrorism
                Center; and
                    (c) National Counterintelligence Executive.

                Sec. 3. National Security Act of 1947. This memorandum
                shall not supersede the authority of the Principal
                Deputy Director of National Intelligence to act for,
                and exercise the powers of, the DNI during the absence
                or disability of the DNI or during a vacancy in the
                position of the DNI (National Security Act of 1947, as
                amended, 50 U.S.C. 403-3a).

                Sec. 4. Exceptions. (a) No individual who is serving in
                an office listed in section 2 of this memorandum in an
                acting capacity shall act as the DNI pursuant to this
                memorandum.

                    (b) No individual listed in section 1 of this
                memorandum shall act as the DNI 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 DNI.
                    (d) In the event that the Director of the National
                Counterterrorism Center acts as and performs the
                functions and duties of the DNI pursuant to section 1
                of this memorandum, that individual shall not
                simultaneously serve as Director of the National
                Counterterrorism Center during that time, in accordance
                with 50 U.S.C. 404o(b)(2).

                Sec. 5. Revocation. The Presidential Memorandum of
                October 3, 2008 (Designation of Officers of the Office
                of the Director of National Intelligence to Act as
                Director of National Intelligence), is hereby revoked.

                Sec. 6. 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. 7. You are authorized and directed to publish this
                memorandum in the Federal Register.


                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, March 8, 2011

[FR Doc. 2011-5904
Filed 3-10-11; 11:15 am]
Billing code 3910-A7-P