[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