[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3447 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3447

 To amend the Public Health Service Act to ensure the independence of 
            the Surgeon General from political interference.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 3, 2007

   Mr. Waxman (for himself, Mrs. Capps, Ms. Schakowsky, Ms. Lee, Ms. 
    Slaughter, Ms. Solis, Mr. Towns, Ms. Baldwin, Ms. DeGette, Mrs. 
   Christensen, Mr. Cohen, Ms. Hooley, Mr. Cooper, and Mr. Lewis of 
   Georgia) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Public Health Service Act to ensure the independence of 
            the Surgeon General from political interference.

    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 ``Surgeon General Independence Act''.

SEC. 2. INDEPENDENCE OF THE SURGEON GENERAL OF THE PUBLIC HEALTH 
              SERVICE.

    (a) In General.--Section 204 of the Public Health Service Act (42 
U.S.C. 205) is amended to read as follows:

                           ``surgeon general

    ``Sec. 204.  (a) Appointment.--
            ``(1) In general.--The Surgeon General shall be appointed 
        for a 4-year term by the President, in accordance with 
        paragraph (2), by and with the advice and consent of the 
        Senate.
            ``(2) Requirements for appointment.--The Surgeon General 
        shall be appointed from individuals who--
                    ``(A) are licensed physicians with specialized 
                training and significant experience in public health;
                    ``(B) are, or agree upon appointment to become, 
                members of the Regular Corps; and
                    ``(C) are nominated by the Secretary pursuant to 
                paragraph (3).
            ``(3) Nominations.--The Regular Corps shall submit to the 
        Secretary and the President a list of 6 nominees, who meet the 
        requirements of paragraph (2), and of whom not fewer than 3 
        shall be Regular Corps officers of flag rank, to fill any 
        existing or pending vacancy in the position of Surgeon General. 
        The Secretary shall forward such list to the President, the 
        Committee on Energy and Commerce of the House of 
        Representatives, and the Committee on Health, Education, Labor, 
        and Pensions of the Senate.
            ``(4) Term limit.--An individual shall not serve more than 
        3 full terms as Surgeon General.
            ``(5) Grade and number.--Upon expiration of an individual's 
        service as the Surgeon General, the individual, unless 
        reappointed, shall revert to the grade and number in the 
        Regular Corps or Reserve Corps which the individual would have 
        occupied if not for such service.
    ``(b) Removal.--The President may only remove the Surgeon General 
during a term for cause. If a Surgeon General is removed, the Secretary 
shall provide to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Health, Education, Labor, and 
Pensions of the Senate a written explanation as to the cause for the 
removal.
    ``(c) Line of Authority.--Notwithstanding section 201, the Surgeon 
General, under the supervision and direction of the Secretary, shall 
administer the Office of the Surgeon General, the Regular Corps, and 
the Reserve Corps.
    ``(d) Budget Authority.--Notwithstanding any other provision of 
law, for each fiscal year, the Surgeon General shall prepare and 
submit, directly to the President for review and transmittal to the 
Congress, an annual budget estimate (including the number and type of 
personnel needs for the Surgeon General) for the Office of the Surgeon 
General, after reasonable opportunity for comment (but without change) 
by the Secretary.
    ``(e) Staff.--Subject to the availability of appropriations, the 
provisions of this title, and applicable Federal civil service laws, 
the Surgeon General shall have the authority to hire and terminate 
employees of and consultants to the Office of the Surgeon General 
without obtaining approval by, or clearance from, any employee of or 
consultant to the Department of Health and Human Services.
    ``(f) Reports, Calls to Action, and Other Communications.--
            ``(1) In general.--The Surgeon General shall from time to 
        time issue reports, calls to action, and other communications 
        on matters of importance to the health of the American people.
            ``(2) Annual report.--In carrying out paragraph (1), the 
        Surgeon General shall submit to the Congress and make publicly 
        available an annual report on the state of the Nation's health. 
        Each such report shall include an analysis of the potential 
        impact of global health trends on the Nation's health.
            ``(3) Public health science.--The reports, calls to action, 
        and other communications issued under paragraphs (1) and (2) 
        shall be based on the Surgeon General's professional judgment 
        regarding the best available public health science.
            ``(4) Role of the secretary.--The Secretary shall have 
        exclusive authority to disapprove the issuance of a report, 
        call to action, or other communication proposed by the Surgeon 
        General. If the Secretary disapproves the issuance of a report, 
        call to action, or other communication proposed by the Surgeon 
        General, the Secretary shall, within 10 days of disapproval, 
        submit to the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Health, Education, Labor, 
        and Pensions of the Senate a full explanation of the reasons 
        for such disapproval.''.
    (b) Conforming Amendment.--Section 201 of the Public Health Service 
Act (42 U.S.C. 202) is amended by striking ``The Public Health 
Service'' and inserting ``Subject to section 204(c), the Public Health 
Service''.
                                 <all>