[Federal Register Volume 73, Number 196 (Wednesday, October 8, 2008)]
[Presidential Documents]
[Pages 58869-58870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23954]


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  Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / 
Presidential Documents  

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 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