The position of National Cyber Director was established under the National Defense Authorization Act for Fiscal Year 2021 on the recommendation of the Cyberspace Solarium Commission, a congressionally-authorized panel convened in 2019 and chaired by United States Senator Angus King and Representative Mike Gallagher.

[2][3] Situated within the Executive Office of the President of the United States, it is statutorily charged with "programs and policies intended to improve the cybersecurity posture of the United States, ... diplomatic and other efforts to develop norms and international consensus around responsible state behavior in cyberspace" and other matters related to cybersecurity.

[4] Authorizing legislation for the office permitted the hiring of up to 75 staff, however, failed to appropriate any funds to do so.

[5] By August 2021, the White House was able to identify $250,000 in contingency funding to hire a few personnel to support inaugural director Chris Inglis.

[6] Later in 2021, the Infrastructure Investment and Jobs Act provided $21 million in funding for the ONCD.