[Weekly Compilation of Presidential Documents Volume 37, Number 52 (Monday, December 31, 2001)]
[Pages 1840-1841]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order--Providing an Order of Succession Within the Department 
of Health and Human Services

December 28, 2001

    By the authority vested in me as President by the Constitution and 
laws of the United States of America, including the Federal Vacancies 
Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
    Section 1. Subject to the provisions of section 3 of this order, the 
officers named in section 2, in the order listed, shall act as and 
perform the functions and duties of the Office of the Secretary of 
Health and Human Services (Secretary) during any period when both the 
Secretary and the Deputy Secretary of Health and Human Services (Deputy 
Secretary) have died, resigned, or become otherwise unable to perform 
the functions and duties of the office of Secretary.
    Sec. 2. Order of Succession.
    (a) The Assistant Secretaries of Health and Human Services appointed 
by the President and confirmed by the Senate, in the order in which they 
shall have taken the oath of office as such;
    (b) The General Counsel of the Department of Health and Human 
Services; and

[[Page 1841]]

    (c) Other officers within the Department of Health and Human 
Services who have been appointed by the President by and with the 
consent of the Senate, in the order in which they shall have taken the 
oath of office as such.
    Sec. 3. Exceptions.
    (a) No individual who is serving in an office listed in section 
2(a)-(c) of this order in an acting capacity shall act as Secretary 
pursuant to this order.
    (b) Notwithstanding the provisions of this order, 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 order in 
designating an acting Secretary.
                                                George W. Bush
 The White House,
 December 28, 2001.

Note: At the time of publication, this Executive order had not been 
received by the Office of the Federal Register for assignment of an 
Executive order number. An original was not available for verification 
of the content of this Executive order.