Providing an Order of Succession Within the Office of the National Cyber Director
This Executive Order, titled Providing an Order of Succession Within the Office of the National Cyber Director, establishes a formal line of succession for the Office of the National Cyber Director (ONCD). In the event the Director dies, resigns, or is otherwise unable to perform duties, the order designates a specific sequence of officials who can act as Director: (1) Deputy National Cyber Director, (2) Chief of Staff, (3) Assistant National Cyber Director for Policy Development, (4) Assistant National Cyber Director for Policy Implementation, (5) Assistant National Cyber Director for Resource Management and Administration, and (6) General Counsel. The order explicitly ties who may act to eligibility under the Federal Vacancies Reform Act (FVRA), and clarifies that the President may depart from the order if he chooses. It also states that the order does not impair other agency authorities and does not create enforceable rights. In short, the EO provides a clear, law-based framework to ensure continuous leadership of the ONCD during vacancies or incapacities, while preserving presidential discretion and complying with existing federal vacancy rules and budgeting constraints.
Key Points
- 1Establishes a fixed order of succession for acting as National Cyber Director in case of vacancy or incapacity: Deputy National Cyber Director, Chief of Staff, Assistant National Cyber Directors for Policy Development, Policy Implementation, and Resource Management and Administration, and General Counsel.
- 2Section 2 (Exceptions) requires that individuals serving in any of the listed offices in an acting capacity not act as Director under this order, and that they must be eligible to serve as Director under the Federal Vacancies Reform Act.
- 3Section 2(c) preserves presidential discretion to depart from the order when designating an acting Director, to the extent permitted by law.
- 4Section 3 (General Provisions) confirms the order does not alter or impair authority of other executive departments or the Director of the Office of Management and Budget, and that implementation must follow applicable law and available appropriations.
- 5Section 3(a)-(b) clarifies that the order does not create rights or benefits enforceable in law or equity against the United States, its departments, or employees.