There shall be in the Department of Health and Human Services , in addition to the Assistant Secretaries now provided for by law, three additional Assistant Secretaries of Health and Human Services, who shall be appointed by the President, by and with the advice and consent of the Senate . The provisions of section 2 of the Reorganization Plan Numbered 1 of 1953 ( 67 Stat. 631 ) shall be applicable to such additional Assistant Secretaries to the same extent as they are applicable to the Assistant Secretaries authorized by that section. ( Pub. L. 89–115, § 4(a) , Aug. 9, 1965 , 79 Stat. 449 ; Pub. L. 96–88, title V, § 509(b) , Oct. 17, 1979 , 93 Stat. 695 .) Editorial Notes References in Text Reorganization Plan Numbered 1 of 1953, referred to in text, is set out as a note under section 202 of this title . Codification Section was formerly classified to section 623h of former Title 5, Executive Departments and Government Officers and Employees, prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1 , Sept. 1, 1966 , 80 Stat. 378 . Statutory Notes and Related Subsidiaries Change of Name “ Department of Health and Human Services ” and “Assistant Secretaries of Health and Human Services” substituted in text for “Department of Health, Education, and Welfare” and “Assistant Secretaries of Health, Education, and Welfare”, respectively, pursuant to section 509(b) of Pub. L. 96–88 , which is classified to section 3508(b) of Title 20 , Education. Assistant Secretary for Public Affairs Pub. L. 112–166, § 2(e)(1) , Aug. 10, 2012 , 126 Stat. 1284 , provided that: “Notwithstanding any other provision of law, the appointment of an individual to serve as the Assistant Secretary for Public Affairs within the Department of Health and Human Services shall not be subject to the advice and consent of the Senate .”