Providing an Order of Succession Within the Department of Health and Human Services

This executive order establishes the line of succession for the Secretary of Health and Human Services when both the Secretary and Deputy Secretary are unable to serve. It designates Assistant Secretaries, the General Counsel, and other Senate-confirmed officers as acting successors in order of their oath-taking dates, while preserving presidential discretion under the Federal Vacancies Reform Act.

Federal Register Open PDF 67 FR 1597

Key directives

Establish order of succession for Secretary of HHS when Secretary and Deputy Secretary are unavailable
List Assistant Secretaries (in oath-taking order) as first successors
List General Counsel as second category of successors
List other Senate-confirmed officers (in oath-taking order) as third category
Exclude individuals serving in acting capacities from succession
Preserve presidential discretion to depart from this order under Federal Vacancies Reform Act

Who is ordered

Timeline

Immediate

Order takes effect upon signing; succession protocol is now established

Near term (90d)

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Long term

Remains in force until superseded by future executive action; governs HHS continuity of operations indefinitely

Risks & tensions

Oath-taking date ordering could create ambiguity if multiple officers sworn in same day
Exclusion of acting officials may narrow pool during vacancies or transitions
Presidential discretion in section 3(b) may reduce predictability of succession
No explicit requirement for current oath-taking records to be maintained