II 110th CONGRESS 1st Session S. 1777 IN THE SENATE OF THE UNITED STATES July 12, 2007 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend title II of the Public Health Service Act to restore the integrity to the office of the Surgeon General.

1.

Short title

This Act may be cited as the Surgeon General Integrity Restoration Act.

2.

Amendment to the Public Health Service Act

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 four-year term by the President by and with the advice and consent of the Senate as provided for in paragraph (2). (2)

Requirements for appointment

The Surgeon General shall be appointed from individuals who— (A)are, or who agree to become, members of the Regular Corps; (B)have specialized training or significant experience in public health programs; and (C)who are nominated by the Institute of Medicine under paragraph (3). (3)

Nominations

Upon a vacancy in the position of Surgeon General, the Institute of Medicine shall submit to the Secretary and the President a list of 10 nominees, that meet the requirements of paragraph (2), to fill such vacancy. The Secretary shall recommend to the President a nominee from such list unless the Secretary has rejected all such nominees. If the Secretary rejects all such nominees, the Secretary shall provide a written explanation as to why each such nominee was unsatisfactory. (4)

Expiration of term

Upon the expiration of the term of service, the Surgeon General, unless reappointed under this subsection, shall revert to the grade and number in the Regular or Reserve Corps that he or she would have occupied had he not served as Surgeon General. (b)

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 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. Such estimate shall also be submitted to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives and made available to the general public. (c)

Release of reports

The Surgeon General may submit any draft of a speech or report prepared by the Surgeon General to the Secretary or any employee of the Department of Health and Human Services for comment. The Surgeon General may issue, deliver, or release such speech or report notwithstanding any comment or objection of the Secretary or any such employee. (d)

Staff

Notwithstanding any other provision of law, the Surgeon General shall have the authority, subject to Federal civil service laws, to directly hire staff without otherwise obtaining clearance or undergoing review as generally required within the Department of Health and Human Services. (e)

Prohibition of censorship

With respect to any work product of the Surgeon General, such work product may not be censored in any manner (except to comply with Federal national security or privacy laws) by any Federal entity or official for political reasons. The Surgeon General shall identify and separately label any proposed modifications to such a work product that the Surgeon General does not consent to accept.

.