Government agencies and employees: Office of the Director of National Intelligence; designation of officers to act as Director of National Intelligence (Memorandum of September 30, 2008)
Federal Register: October 8, 2008 (Volume 73, Number 196)
Presidential Documents
Page 58869-58870
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr08oc08-123
Presidential Documents
Title 3--
The President
Page 58869
Memorandum of October 3, 2008
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 2 and 3 of this memorandum, the following officers of the office of the Director of National Intelligence, in the order listed, shall act as and perform the functions and duties of the office 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 office of the DNI, until such time as the DNI or the
Principal Deputy Director is able to perform the functions and duties of the office of DNI:
(a) Director of the Intelligence Staff;
(b) Deputy Director of National Intelligence for Policy, Plans, and
Requirements;
(c) Deputy Director of National Intelligence for Analysis;
(d) Deputy Director of National Intelligence for Collection;
(e) Director of the National Counterterrorism Center; and
(f) National Counterintelligence Executive.
Sec. 2. 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 Director of National
Intelligence during the absence or disability of the
Director of National Intelligence or during a vacancy in the position of Director of National Intelligence
(National Security Act of 1947, as amended, 50 U.S.C. 403-3a).
Sec. 3. 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 DNI pursuant to this memorandum.
(b) No individual listed in section 1 shall act as
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.
Sec. 4. This memorandum supersedes the President's memorandum of December 20, 2005 (Designation of
Officers of the Office of the Director of National
Intelligence to Act as Director of National
Intelligence).
Page 58870
Sec. 5. 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. 6. You are authorized and directed to publish this memorandum in the Federal Register.
(Presidential Sig.)
THE WHITE HOUSE,
Washington, October 3, 2008
FR Doc. E8-23954
Filed 10-7-08; 8:45 am
Billing code 3910-A7-M