Providing an Order of Succession Within the Office of the National Cyber Director
Signed January 3, 2025·Joseph R. Biden Jr.·90 FR 2587
Source
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Plain-language summary
Sets an order of succession within the Office of the National Cyber Director under the Federal Vacancies Reform Act of 1998. If the National Cyber Director dies, resigns, or otherwise cannot perform the job's duties, the order specifies that the Deputy National Cyber Director, followed by the Chief of Staff, the Assistant National Cyber Director for Policy Development, the Assistant National Cyber Director for Policy Implementation, the Assistant National Cyber Director for Resource Management and Administration, and then the General Counsel, shall act as Director, in that sequence. It states that officials serving in these positions only in an acting capacity cannot become acting Director under this order, and that anyone stepping in must otherwise be eligible under the Act. The President retains discretion to depart from this order when designating an acting Director. The order also clarifies it does not alter existing agency authority or Office of Management and Budget budgetary functions, and creates no enforceable legal rights.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Claimed authority
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, as amended, 5 U.S.C. 3345 et seq. (the “Act”), it is hereby ordered
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Disposition
Revoked by: EO 14148, January 20, 2025
Compiled after the fact by the National Archives, so recent orders often have none yet. An empty disposition means no record, not no activity.
The order, in full
Executive Order 14139 of January 3, 2025
Providing an Order of Succession Within the
Office of the National Cyber Director
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, as amended, 5 U.S.C. 3345 et seq. (the “Act”),
it is hereby ordered that:
Section 1. Order of Succession. Subject to the
provisions of section 2 of this order, and to the
limitations set forth in the Act, the following
officials of the Office of the National Cyber Director,
in the order listed, shall act as and perform the
functions and duties of the office of the National
Cyber Director (Director) during any period in which
the Director has died, resigned, or otherwise become
unable to perform the functions and duties of the
office of Director:
(a) Deputy National Cyber Director;
(b) Chief of Staff;
(c) Assistant National Cyber Director for Policy
Development;
(d) Assistant National Cyber Director for Policy
Implementation;
(e) Assistant National Cyber Director for Resource
Management and Administration; and
(f) General Counsel.
Sec. 2. Exceptions. (a) No individual who is serving in
an office listed in section 1(a)-(f) of this order in
an acting capacity shall, by virtue of so serving, act
as Director pursuant to this order.
(b) No individual who is serving in an office
listed in section 1(a)-(f) of this order shall act as
Director unless that individual is otherwise eligible
to so serve under the Act.
(c) Notwithstanding the provisions of this order,
the President retains discretion, to the extent
permitted by law, to depart from this order in
designating an acting Director.
Sec. 3. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order 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.
(Presidential Sig.)
THE WHITE HOUSE,
January 3, 2025.Reproduced from the Federal Register plain-text record, signed January 3, 2025. Typesetting artifacts are removed; no wording is changed.