article: 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.
summary: Office of Surgeon General Sunset Act - Terminates the Office and position of the Surgeon General of the Public Health Service, transferring the Office's functions to the Assistant Secretary for Health of the Department of Health and Human Services. Requires that the Office of Management and Budget make determinations of the functions transferred. Provides for related delegation, reorganization, rules and regulations, transfer and allocations of appropriations and personnel, other transfers, the effect on personnel, and the effect on legal documents, proceedings, and administrative actions.