[Federal Register Volume 76, Number 48 (Friday, March 11, 2011)]
[Presidential Documents]
[Pages 13499-13500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5904]


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  Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / 
Presidential Documents  

[[Page 13499]]


                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.

[[Page 13500]]

                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