ExecutiveOrdersEO
MemoMemorandumObama · D

Presidential Memorandum

Designation of Officers of the Office of the Director of National Intelligence To Act as Director of National Intelligence

This memorandum establishes the order of succession for acting Director of National Intelligence when both the DNI and Principal Deputy DNI are unavailable, listing three specific officers in priority order. It revokes a 2008 Bush administration memorandum on the same topic and includes exceptions to preserve the Principal Deputy DNI's statutory authority and presidential discretion.

Federal Register Open PDF 76 FR 13499

Impact dates

  1. Publication in Federal Register

Key directives

  • Establish order of succession: Deputy DNI for Intelligence Integration, then Director of NCTC, then National Counterintelligence Executive
  • Revoke October 3, 2008 memorandum on same subject
  • Direct publication in Federal Register
  • Preserve Principal Deputy DNI statutory authority under National Security Act of 1947
  • Prohibit acting officials from serving under this succession
  • Require eligibility under Federal Vacancies Reform Act
  • Preserve presidential discretion to depart from this memorandum
  • Require NCTC Director to step down from NCTC if acting as DNI

Who is ordered

Timeline

Immediate

  • Memorandum takes effect upon signing
  • 2008 succession memorandum revoked immediately

Near term (90d)

  • Publication in Federal Register

Long term

  • Succession order remains in place until superseded by future presidential action

Risks & tensions

  • Potential tension between this succession order and statutory authority of Principal Deputy DNI under National Security Act of 1947
  • Presidential discretion clause (Sec. 4(c)) creates uncertainty about when this succession would actually be followed
  • NCTC Director vacancy requirement could create leadership gap at NCTC during DNI acting period
Presidential Memorandum: Designation of Officers of the Office of the Director of National Intelligence To Act as Director of National Intelligence · Executive Orders