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 four specific ODNI officials in priority order. It revokes a 2011 Obama memorandum on the same topic.

Federal Register Open PDF 78 FR 59159

Impact dates

  1. Publication in Federal Register

Key directives

  • Establish order of succession for acting DNI: (1) DDNI for Intelligence Integration, (2) NCTC Director, (3) National Counterintelligence Executive, (4) IC Inspector General
  • Revoke March 8, 2011 memorandum
  • Direct publication in Federal Register
  • Preserve Principal Deputy DNI authority under National Security Act of 1947
  • Prohibit acting officials from serving in listed positions from simultaneously acting as DNI
  • Require eligibility under Federal Vacancies Reform Act
  • Preserve presidential discretion to depart from this memorandum
  • Require NCTC Director to step down from NCTC post while acting as DNI

Who is ordered

Timeline

Immediate

  • Succession order takes effect upon signing
  • Prior 2011 memorandum revoked

Near term (90d)

  • Publication in Federal Register

Long term

  • Applies to future DNI/PDDNI vacancies or incapacitations

Risks & tensions

  • Potential tension if NCTC Director must vacate post during DNI acting period, creating leadership gap at NCTC
  • Presidential discretion clause (Sec. 3(c)) allows override, creating uncertainty in crisis
  • Eligibility requirement under FVRA may disqualify some officials in practice
Presidential Memorandum: Designation of Officers of the Office of the Director of National Intelligence To Act as Director of National Intelligence · Executive Orders