Health and social policy

Executive Order 13461: Providing an Order of Succession Within the Department of Health and Human Services

President: George W. Bush

Listed eligible HHS officials who could act when the Secretary could not serve.

Status: In effect. Is Executive Order 13461 still in effect? Yes. Executive Order 13461 remains in effect. See Federal Register record.

What does Executive Order 13461 do?

The order listed the Deputy Secretary first, followed by General Counsel and other officials; acting holders were excluded merely by virtue of their acting post. The signed order remains the record of the 2008 list. This review did not establish its application to a particular vacancy or a later comprehensive replacement.

SignedFebruary 15, 2008
Earlier frameworkThe Federal Vacancies Reform Act controls who may temporarily perform a vacant Senate-confirmed office.
Responsible bodyEligible HHS officials and President
Follow-up evidenceFebruary 15, 2008: The signed order remains the record of the 2008 list. This review did not establish its application to a particular vacancy or a later comprehensive replacement.

Before and after

Before the order

The Federal Vacancies Reform Act controls who may temporarily perform a vacant Senate-confirmed office.

After the order

The order listed the Deputy Secretary first, followed by General Counsel and other officials; acting holders were excluded merely by virtue of their acting post.

The signed order remains the record of the 2008 list. This review did not establish its application to a particular vacancy or a later comprehensive replacement.

What did the signed order change?

The Federal Vacancies Reform Act controls who may temporarily perform a vacant Senate-confirmed office. The order listed the Deputy Secretary first, followed by General Counsel and other officials; acting holders were excluded merely by virtue of their acting post.

What happened later?

Signed EO 13461 — succession and exceptions: The signed order remains the record of the 2008 list. This review did not establish its application to a particular vacancy or a later comprehensive replacement.

What does that evidence establish?

Statutory eligibility and presidential discretion constrain the list; it does not appoint any individual as Secretary. A succession list is not evidence that any listed person actually served. The signed order states the original requirements.

Who had to do what

Source: Signed Federal Register text.
Agency / officeActionTiming / position
Deputy Secretary of Health and Human ServicesAct as HHS Secretary if eligible under the Federal Vacancies Reform Act; an acting holder does not qualify merely by holding this post.Succession position 1; when the Secretary cannot serve.
General Counsel of the Department of Health and Human ServicesAct as HHS Secretary if eligible under the Federal Vacancies Reform Act; an acting holder does not qualify merely by holding this post.Succession position 2; when the Secretary cannot serve.
Assistant Secretary (Resources and Technology)Act as HHS Secretary if eligible under the Federal Vacancies Reform Act; an acting holder does not qualify merely by holding this post.Succession position 3; when the Secretary cannot serve.
Assistant Secretary (Planning and Evaluation)Act as HHS Secretary if eligible under the Federal Vacancies Reform Act; an acting holder does not qualify merely by holding this post.Succession position 4; when the Secretary cannot serve.
Administrator of the Centers for Medicare and Medicaid ServicesAct as HHS Secretary if eligible under the Federal Vacancies Reform Act; an acting holder does not qualify merely by holding this post.Succession position 5; when the Secretary cannot serve.
Commissioner of Food and DrugsAct as HHS Secretary if eligible under the Federal Vacancies Reform Act; an acting holder does not qualify merely by holding this post.Succession position 6; when the Secretary cannot serve.
Director of the National Institutes of HealthAct as HHS Secretary if eligible under the Federal Vacancies Reform Act; an acting holder does not qualify merely by holding this post.Succession position 7; when the Secretary cannot serve.
Assistant Secretary for Family SupportAct as HHS Secretary if eligible under the Federal Vacancies Reform Act; an acting holder does not qualify merely by holding this post.Succession position 8; when the Secretary cannot serve.
Other presidentially appointed HHS Assistant SecretariesAct as HHS Secretary if eligible under the Federal Vacancies Reform Act; an acting holder does not qualify merely by holding this post.Succession position 9; when the Secretary cannot serve; among these Assistant Secretaries, ordered by oath of office.
Director, Centers for Disease Control and PreventionAct as HHS Secretary if eligible under the Federal Vacancies Reform Act; an acting holder does not qualify merely by holding this post.Succession position 10; when the Secretary cannot serve.
Director, Region 4Act as HHS Secretary if eligible under the Federal Vacancies Reform Act; an acting holder does not qualify merely by holding this post.Succession position 11; when the Secretary cannot serve.
PresidentMay depart from the listed succession order consistently with the Federal Vacancies Reform Act.When designating an acting Secretary.

What happened next

EO 13461 signed.

The signed order remains the record of the 2008 list. This review did not establish its application to a particular vacancy or a later comprehensive replacement.