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Secretary of Health and Human Services

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Secretary of Health and Human Services
PostSecretary of Health and Human Services
BodyUnited States
InsigniacaptionSeal of the Department of Health and Human Services
IncumbentXavier Becerra
IncumbentsinceMarch 19, 2021
StyleMr. Secretary
Member ofCabinet of the United States
Reports toPresident of the United States
SeatWashington, D.C.
AppointerPresident of the United States
TermlengthAt the pleasure of the President
Formation1980
FirstholderPatricia Roberts Harris

Secretary of Health and Human Services The Secretary of Health and Human Services is the head of the United States Department of Health and Human Services and a member of the Cabinet of the United States, responsible for federal programs and agencies affecting public health and social services. The office oversees implementation of statutes enacted by the United States Congress and interacts with the White House, federal agencies, state officials, and international bodies. Holders engage with stakeholders including advocacy groups, professional associations, and industry to shape policy affecting programs such as Medicare, Medicaid, and food and drug regulation.

Role and Responsibilities

The Secretary leads the United States Department of Health and Human Services, administering major programs like Medicare, Medicaid, Children's Health Insurance Program and coordinating with the Centers for Medicare & Medicaid Services, Food and Drug Administration, Centers for Disease Control and Prevention, and National Institutes of Health. Responsibilities include enforcing federal statutes such as the Social Security Act and implementing regulations under the Administrative Procedure Act, while advising the President of the United States and participating in National Security Council discussions when public health emergencies involve national security. The Secretary represents the United States at international organizations including the World Health Organization, negotiates with counterparts from countries such as Canada, United Kingdom, and Mexico, and collaborates with nonprofit organizations like the American Medical Association and American Public Health Association.

Appointment and Succession

The Secretary is nominated by the President of the United States and must be confirmed by the United States Senate under the Advice and Consent Clause of the United States Constitution. Nominees often appear before the Senate Committee on Finance and the Senate Committee on Health, Education, Labor, and Pensions for confirmation hearings and must comply with disclosure rules enforced by the Office of Government Ethics. Succession follows the departmental order of succession established by statute and executive orders and interacts with succession for other Cabinet posts such as the Secretary of Defense and the Attorney General under the Presidential Succession Act. Acting Secretaries may serve under the Federal Vacancies Reform Act of 1998 when vacancies occur.

Departmental Structure and Agencies

The Department includes major agencies: the Centers for Disease Control and Prevention, the Food and Drug Administration, the National Institutes of Health, the Centers for Medicare & Medicaid Services, the Administration for Children and Families, the Health Resources and Services Administration, and the Indian Health Service. The Secretary oversees operating divisions, regional offices interacting with state agencies like the California Department of Health Care Services and the New York State Department of Health, and advisory entities including the National Vaccine Advisory Committee and the Advisory Committee on Immunization Practices. The office coordinates with federal partners such as the Department of Veterans Affairs, the Department of Homeland Security, and the Department of Labor on cross-cutting initiatives.

Policy and Regulatory Authority

The Secretary promulgates regulations under authorities granted by laws like the Affordable Care Act, the Food, Drug, and Cosmetic Act, and the Public Health Service Act, and issues guidance impacting programs administered by the Centers for Medicare & Medicaid Services and coverage rules for Medicare Part D. Regulatory actions undergo review by the Office of Information and Regulatory Affairs and can be challenged in courts such as the United States Court of Appeals for the District of Columbia Circuit and the Supreme Court of the United States. The Secretary exercises emergency authorities under the Stafford Act and the Public Health Service Act during declarations by the President of the United States and collaborates with agencies including the Federal Emergency Management Agency and the Occupational Safety and Health Administration when public health intersects with emergency response and workplace safety.

Historical Officeholders

Since its creation in 1980 following a reorganization of the Department of Health, Education, and Welfare into separate departments, notable holders have included Patricia Roberts Harris, Donna Shalala, Tommy G. Thompson, Mike Leavitt, Kathleen Sebelius, Tom Price, Alex Azar, and Xavier Becerra. Several Secretaries previously served in other executive roles such as Member of the United States House of Representatives, Governor of Wisconsin, or United States Attorney General-adjacent posts, and some pursued careers in academia at institutions like Harvard University and Johns Hopkins University. Confirmations have occasionally been contentious in the United States Senate, involving high-profile hearings covered by outlets such as The New York Times and The Washington Post.

Notable Initiatives and Controversies

Secretaries have led initiatives including implementation of the Affordable Care Act marketplaces, opioid epidemic responses involving the Office of National Drug Control Policy, vaccine campaigns coordinated with the Centers for Disease Control and Prevention and manufacturers like Pfizer and Moderna, and regulatory actions under the Food, Drug, and Cosmetic Act. Controversies have involved debates over abortion-related rulemaking, data privacy disputes tied to Health Insurance Portability and Accountability Act of 1996, conflicts with pharmaceutical companies including PhRMA, and litigation over agency actions adjudicated by the United States Court of Appeals for the Fifth Circuit. Emergency responses to pandemics have prompted scrutiny from Congress, state governors such as Andrew Cuomo and Gavin Newsom, and legal challenges in federal courts.

Category:United States Cabinet