CDC Director Nomination Delayed, Bhattacharya Continues in Role | Healio

CDC Director Nomination Delayed as Bhattacharya Continues in Acting Role

The White House has not nominated a new director for the Centers for Disease Control and Prevention (CDC) despite a federal deadline, and Jay Bhattacharya, MD, PhD, will continue to serve as acting director.

• Jay Bhattacharya’s appointment as acting CDC director was set to expire under federal law.
• The White House confirmed that Bhattacharya will continue to lead the agency until a nominee is announced.

White House spokesperson Kush Desai confirmed to Healio that National Institutes of Health (NIH) Director Jay Bhattacharya will continue to perform the duties of acting CDC director until a permanent replacement is selected. Desai emphasized that restoring competence and confidence in CDC decision-making remains a top priority for the White House following the Biden administration’s COVID-19 response.

Bhattacharya has been leading the agency for a little over a month, succeeding Jim O’Neill, who served as acting director for over five months after Susan Monarez, PhD, was terminated shortly after beginning her term as the only permanent director during President Trump’s second term.

The federal Vacancies Reform Act limits the duration of an acting position in the executive branch to 210 days. In this case, the clock started when O’Neill was appointed acting director on August 29.

The Washington Post first reported that the administration was delaying a nomination. Potential candidates include former Kentucky Gov. Ernie Fletcher, MD; Mississippi state health officer Daniel Edney, MD, FACP, FASAM; and Johns Hopkins cardiologist Joseph Marine, MD.

Lawrence Gostin, JD, professor and founding director of the O’Neill Institute for National and Global Health Law at Georgetown University, stated that while there are no apparent legal consequences for delaying the nomination, there are public health implications. He expressed concern that the absence of a permanent CDC director leaves the agency vulnerable to the influence of the Department of Health and Human Services (HHS) Secretary.

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Lawrence Gostin, JD, can be reached at gostin@georgetown.edu.