Memorandum on Designation of Officers of the Department of Health and Human Services

Memorandum for the Secretary of Health and Human Services

Subject: Designation of Officers of the Department of Health and Human Services

By the authority vested in me as President under the Constitution and the laws of the United States of America and pursuant to the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., I hereby order that:

Section 1. Order of Succession.

During any period when the Secretary of Health and Human Services (Secretary), the Deputy Secretary of Health and Human Services, and the officers designated by Executive Order 13250 of December 28, 2001, to perform the functions and duties of the office of Secretary have died, resigned, or otherwise become unable to perform the functions and duties of the office of Secretary, the following officers of the Department of Health and Human Services, in the order listed, shall perform the functions and duties of the office of Secretary, if they are eligible to act as Secretary under the provisions of the Federal Vacancies Reform Act of 1998, until such time as at least one of the officers mentioned above is able to perform the functions and duties of the office of Secretary:

Director, Centers for Disease Control; and

Secretary's Regional Representative, Atlanta, Georgia.

Sec. 2. Exceptions.

(a) No individual who is serving in an office listed in section 1 in an acting capacity, by virtue of so serving, shall act as Secretary pursuant to this memorandum.

(b) Notwithstanding the provisions of this memorandum, the President retains discretion, to the extent permitted by the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., to depart from this memorandum in designating an acting Secretary.

GEORGE W. BUSH