Nick Andersen, acting director of the Cybersecurity and Infrastructure Security Agency (CISA), is nearing the legal limit on how long he can serve in that role, and the White House has not nominated anyone for the job, CyberScoop reported Monday. The outcome decides who leads the federal agency that orders civilian agencies to patch exploited flaws and coordinates with critical-infrastructure operators.
What Happened
Andersen has led CISA in an acting capacity since February, according to CyberScoop, which wrote that his time is running out but did not give an expiration date. The Federal Vacancies Reform Act generally caps acting service at 210 days. Under the statute, if a first nomination is withdrawn, an acting official may serve up to 210 days after the withdrawal. Sean Plankey withdrew his nomination for the Senate-confirmed post in April.
In June, Homeland Security Secretary Markwayne Mullin said a likely nominee had met with the president and was "coming soon." None has been named.
Mark Montgomery of the Foundation for Defense of Democracies, a Washington think tank, told CyberScoop that "the way to keep Andersen in play is to nominate somebody," which he said would stop the clock. He said he doubted the White House would nominate anyone. Multiple sources told CyberScoop the administration may instead keep Andersen by changing his title to senior official performing the duties of CISA director.
"We proudly support the work Acting CISA Director Nick Andersen has done in his role," a Department of Homeland Security spokesperson said, according to CyberScoop.
Why It Matters
If no one is lawfully serving as acting officer, the Vacancies Act says the office stays vacant, only the agency head may perform its duties, and actions by an unauthorized official have no legal effect. That makes the form of Andersen's appointment more than a formality for an agency whose directives and alerts companies and agencies rely on.
Andersen has bipartisan backing. House Homeland Security Chairman Andrew Garbarino, R-N.Y., said he "would gladly support his nomination." Rep. Bennie Thompson, D-Miss., the committee's top Democrat, said Andersen has brought stability to CISA and warned that unnecessary leadership changes could destabilize it. John Zangardi, a former DHS chief information officer, said morale has improved under Andersen.
The question comes the day before Tuesday's midterm elections, which CISA and the FBI addressed in an October warning to election officials that The Primary Wire reported. Andersen's CISA also released a strategy meant to carry the agency through 2030, which The Primary Wire reported last week.
What to Watch
Watch whether the White House sends a nomination to the Senate, which would pause the clock, or retitles Andersen instead, and when his acting term formally expires.
