[Weekly Compilation of Presidential Documents Volume 44, Number 39 (Monday, October 6, 2008)]
[Pages 1295-1296]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on Designation of Officers of the Office of the Director of 
National Intelligence To Act as Director of National Intelligence

October 3, 2008

Memorandum for the Director of National Intelligence

Subject: Designation of Officers of the Office of the Director of 
National Intelligence To Act as 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 Counter-
            terrorism 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).
    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.
                                                George W. Bush

 [Filed with the Office of the Federal Register, 8:45 a.m., October 7, 
2008]

Note: This memorandum will be published in the Federal Register on 
October 8.

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