110 HR 3447 IH: Surgeon General Independence U.S. House of Representatives 2007-08-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I 110th CONGRESS 1st Session H. R. 3447 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.
1.
Short title
This Act may be cited as the Surgeon General Independence Act.
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:
204.
Surgeon general
(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.