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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1725 Introduced in Senate (IS)]

105th CONGRESS
  2d Session
                                S. 1725

  To terminate the Office of the Surgeon General of the Public Health 
                                Service.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 6, 1998

Mr. Burns (for himself, Mr. Helms, Mr. Thomas, and Mr. Kyl) introduced 
the following bill; which was read twice and referred to the Committee 
                      on Labor and Human Resources

_______________________________________________________________________

                                 A BILL

 
  To terminate the Office of the Surgeon General of the Public Health 
                                Service.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Office of Surgeon General Sunset 
Act''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary for Health of the Department of 
        Health and Human Services.
            (2) Federal agency.--The term ``Federal agency'' has the 
        meaning given to the term ``agency'' by section 551(1) of title 
        5, United States Code.
            (3) Function.--The term ``function'' means any duty, 
        obligation, power, authority, responsibility, right, privilege, 
        activity, or program.
            (4) Office.--The term ``office'' includes any office, 
        administration, agency, institute, unit, organizational entity, 
        or component thereof.
            (5) Office of the assistant secretary.--The term ``Office 
        of the Assistant Secretary'' means the Office of the Assistant 
        Secretary for Health of the Department of Health and Human 
        Services.

SEC. 3. TERMINATION AND TRANSFER OF FUNCTIONS.

    (a) Termination.--The Office of the Surgeon General of the Public 
Health Service and the position of such Surgeon General are terminated.
    (b) Transfer of Functions.--There are transferred to Office of the 
Assistance Secretary for Health all functions which the Surgeon General 
exercised before the date of the enactment of this Act (including all 
related functions of any officer or employee of the Office of the 
Surgeon General).

SEC. 4. DETERMINATIONS OF CERTAIN FUNCTIONS BY THE OFFICE OF MANAGEMENT 
              AND BUDGET.

    If necessary, the Office of Management and Budget shall make any 
determination of the functions that are transferred under section 3.

SEC. 5. DELEGATION AND ASSIGNMENT.

    Except where otherwise expressly prohibited by law or otherwise 
provided by this Act, the Assistant Secretary may delegate any of the 
functions transferred to the Assistant Secretary by this Act and any 
function transferred or granted to such Assistant Secretary after the 
effective date of this Act to such officers and employees of the Office 
of the Assistant Secretary as the Assistant Secretary may designate, 
and may authorize successive redelegations of such functions as may be 
necessary or appropriate. No delegation of functions by the Assistant 
Secretary under this section or under any other provision of this Act 
shall relieve such Assistant Secretary of responsibility for the 
administration of such functions.

SEC. 6. REORGANIZATION.

    The Assistant Secretary is authorized to allocate or reallocate any 
function transferred under section 3 among the officers of the Office 
of the Assistant Secretary, and to establish, consolidate, alter, or 
discontinue such organizational entities in the Office of the Assistant 
Secretary as may be necessary or appropriate.

SEC. 7. RULES.

    The Assistant Secretary is authorized to prescribe, in accordance 
with the provisions of chapters 5 and 6 of title 5, United States Code, 
such rules and regulations as the Assistant Secretary determines 
necessary or appropriate to administer and manage the functions of the 
Office of the Assistant Secretary.

SEC. 8. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.

    Except as otherwise provided in this Act, the personnel employed in 
connection with, and the assets, liabilities, contracts, property, 
records, and unexpended balances of appropriations, authorizations, 
allocations, and other funds employed, used, held, arising from, 
available to, or to be made available in connection with the functions 
transferred by this Act, subject to section 1531 of title 31, United 
States Code, shall be transferred to Office of the Assistant Secretary. 
Unexpended funds transferred pursuant to this section shall be used 
only for the purposes for which the funds were originally authorized 
and appropriated.

SEC. 9. INCIDENTAL TRANSFERS.

    (a) In General.--The Director of the Office of Management and 
Budget, at such time or times as the Director shall provide, is 
authorized to make such determinations as may be necessary with regard 
to the functions transferred by this Act, and to make such additional 
incidental dispositions of personnel, assets, liabilities, grants, 
contracts, property, records, and unexpended balances of 
appropriations, authorizations, allocations, and other funds held, 
used, arising from, available to, or to be made available in connection 
with such functions, as may be necessary to carry out the provisions of 
this Act.
    (b) Termination of Affairs.--The Director of the Office of 
Management and Budget shall provide for the termination of the affairs 
of all entities terminated by this Act and for such further measures 
and dispositions as may be necessary to effectuate the purposes of this 
Act.

SEC. 10. EFFECT ON PERSONNEL.

    (a) In General.--Except as otherwise provided by this Act, the 
transfer pursuant to this Act of full-time personnel (except special 
Government employees) and part-time personnel holding permanent 
positions shall not cause any such employee to be separated or reduced 
in grade or compensation for one year after the date of transfer of 
such employee under this Act.
    (b) Executive Schedule Positions.--Except as otherwise provided in 
this Act, any person who, on the day preceding the effective date of 
this Act, held a position compensated in accordance with the Executive 
Schedule prescribed in chapter 53 of title 5, United States Code, and 
who, without a break in service, is appointed in the Office of the 
Assistant Secretary to a position having duties comparable to the 
duties performed immediately preceding such appointment shall continue 
to be compensated in such new position at not less than the rate 
provided for such previous position, for the duration of the service of 
such person in such new position.
    (c) Termination of Certain Positions.--Positions whose incumbents 
are appointed by the President, by and with the advice and consent of 
the Senate, the functions of which are transferred by this Act, shall 
terminate on the effective date of this Act.

SEC. 11. SAVINGS PROVISIONS.

    (a) Continuing Effect of Legal Documents.--All orders, 
determinations, rules, regulations, permits, agreements, grants, 
contracts, certificates, licenses, registrations, privileges, and other 
administrative actions--
            (1) which have been issued, made, granted, or allowed to 
        become effective by the President, any Federal agency or 
        official thereof, or by a court of competent jurisdiction, in 
        the performance of functions which are transferred under this 
        Act, and
            (2) which are in effect at the time this Act takes effect, 
        or were final before the effective date of this Act and are to 
        become effective on or after the effective date of this Act,
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, the Assistant Secretary or other authorized official, a 
court of competent jurisdiction, or by operation of law.
    (b) Proceedings Not Affected.--The provisions of this Act shall not 
affect any proceedings, including notices of proposed rulemaking, or 
any application for any license, permit, certificate, or financial 
assistance pending before the Office of the Surgeon General at the time 
this Act takes effect, with respect to functions transferred by this 
Act but such proceedings and applications shall be continued. Orders 
shall be issued in such proceedings, appeals shall be taken therefrom, 
and payments shall be made pursuant to such orders, as if this Act had 
not been enacted, and orders issued in any such proceedings shall 
continue in effect until modified, terminated, superseded, or revoked 
by a duly authorized official, by a court of competent jurisdiction, or 
by operation of law. Nothing in this subsection shall be deemed to 
prohibit the discontinuance or modification of any such proceeding 
under the same terms and conditions and to the same extent that such 
proceeding could have been discontinued or modified if this Act had not 
been enacted.
    (c) Suits Not Affected.--The provisions of this Act shall not 
affect suits commenced before the effective date of this Act, and in 
all such suits, proceedings shall be had, appeals taken, and judgments 
rendered in the same manner and with the same effect as if this Act had 
not been enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against the Office of the Surgeon General, or by or 
against any individual in the official capacity of such individual as 
an officer of the Office of the Surgeon General, shall abate by reason 
of the enactment of this Act.
    (e) Administrative Actions Relating to Promulgation of 
Regulations.--Any administrative action relating to the preparation or 
promulgation of a regulation by the Office of the Surgeon General 
relating to a function transferred under this Act may be continued by 
the Office of the Assistant Secretary with the same effect as if this 
Act had not been enacted.

SEC. 12. SEPARABILITY.

    If a provision of this Act or its application to any person or 
circumstance is held invalid, neither the remainder of this Act nor the 
application of the provision to other persons or circumstances shall be 
affected.

SEC. 13. TRANSITION.

    The Assistant Secretary is authorized to utilize--
            (1) the services of such officers, employees, and other 
        personnel of the Office of the Surgeon General with respect to 
        functions transferred to the Office of the Assistant Secretary 
        by this Act; and
            (2) funds appropriated to such functions for such period of 
        time as may reasonably be needed to facilitate the orderly 
        implementation of this Act.

SEC. 14. REFERENCES.

    Reference in any other Federal law, Executive order, rule, 
regulation, or delegation of authority, or any document of or relating 
to--
            (1) the Surgeon General with regard to functions 
        transferred under section 3, shall be deemed to refer to the 
        Assistant Secretary for Health of the Department of Health and 
        Human Services; and
            (2) the Office of the Surgeon General with regard to 
        functions transferred under section 3, shall be deemed to refer 
        to the Office of the Assistant Secretary for Health of the 
        Department of Health and Human Services.

SEC. 15. SAVINGS.

    Any amounts appropriated for the Office of the Surgeon General for 
fiscal year 1998 and remaining available on the date of enactment of 
this Act shall be transferred to the Secretary of Health and Human 
Services and utilized to carry out child immunization programs.

SEC. 16. ADDITIONAL CONFORMING AMENDMENTS.

    (a) Recommended Legislation.--After consultation with the 
appropriate committees of the Congress and the Director of the Office 
of Management and Budget, the Assistant Secretary shall prepare and 
submit to the Congress a legislative proposal in the form of an 
implementing bill containing technical and conforming amendments to 
reflect the changes made by this Act.
    (b) Submission to the Congress.--Not later than 6 months after the 
effective date of this Act, the Assistant Secretary shall submit the 
implementing bill referred to under subsection (a).
    (c) Repeals.--Sections 204 and 205 of the Public Health Service Act 
(42 U.S.C. 205 and 206) are repealed.
    (d) Additional Conforming Amendments.--
            (1) Section 202 of the Public Health Service Act (42 U.S.C. 
        203) is amended--
                    (A) by striking paragraph (1); and
                    (B) by redesignating paragraphs (2), (3), and (4) 
                as paragraphs (1), (2), and (3), respectively.
            (2) Section 206(a) of the Public Health Service Act (42 
        U.S.C. 207(a)) is amended--
                    (A) in the first sentence by striking ``The Surgeon 
                General'' and all that follows through ``the Chief 
                Medical Officer'' and inserting ``The Chief Medical 
                Officer''; and
                    (B) by striking the second sentence.

SEC. 17. EFFECTIVE DATE.

    This Act shall be become effective on the date on which the 
individual who is serving as the Surgeon General on the date of 
enactment of this Act resigns or is terminated or the date on which the 
term of service of such individual as Surgeon General expires, 
whichever occurs first.
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