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EO 14139Executive OrderBiden · D

Executive Order 14139

Providing an Order of Succession Within the Office of the National Cyber Director

This executive order establishes a formal line of succession for the Office of the National Cyber Director, specifying six officials who would assume the Director's duties in a set order during vacancies or incapacity. It includes safeguards preventing acting officials from automatically ascending and preserves presidential discretion to designate outside this sequence.

Federal Register Open PDF 90 FR 2587

Key directives

  • Establish ordered succession: Deputy National Cyber Director, Chief of Staff, Assistant National Cyber Director for Policy Development, Assistant National Cyber Director for Policy Implementation, Assistant National Cyber Director for Resource Management and Administration, General Counsel
  • Disqualify acting officials from automatic succession
  • Require eligibility under Federal Vacancies Reform Act
  • Preserve presidential discretion to depart from this order

Timeline

Immediate

  • Succession order takes effect upon signing

Near term (90d)

—

Long term

  • Established succession framework remains in place for future vacancies

Risks & tensions

  • Low tension: routine administrative housekeeping for a new office created by statute in 2021
  • Presidential discretion clause (Sec. 2(c)) creates flexibility but also potential uncertainty if exercised
  • No enforcement mechanism for individuals; standard boilerplate disclaimer (Sec. 3(c))
Executive Order 14139: Providing an Order of Succession Within the Office of the National Cyber Director · Executive Orders