text: 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.
target: 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.
feat_title: Office of Surgeon General Sunset Act