
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC291k]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
  SUBCHAPTER IV--CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND OTHER 
                           MEDICAL FACILITIES
 
                       Part D--General Provisions
 
Sec. 291k. Federal Hospital Council


(a) Membership; qualifications

    In administering this subchapter, the Surgeon General shall consult 
with a Federal Hospital Council consisting of the Surgeon General, who 
shall serve as Chairman ex officio, and twelve members appointed by the 
Secretary of Health and Human Services. Six of the twelve appointed 
members shall be persons who are outstanding in fields pertaining to 
medical facility and health activities, and three of these six shall be 
authorities in matters relating to the operation of hospitals or other 
medical facilities, one of them shall be an authority in matters 
relating to the mentally retarded, and one of them shall be an authority 
in matters relating to mental health, and the other six members shall be 
appointed to represent the consumers of the services provided by such 
facilities and shall be persons familiar with the need for such services 
in urban or rural areas.

(b) Term of membership

    Each appointed member shall hold office for a term of four years, 
except that any member appointed to fill a vacancy occurring prior to 
the expiration of the term for which his predecessor was appointed shall 
be appointed for the remainder of such term. An appointed member shall 
not be eligible to serve continuously for more than two terms (whether 
beginning before or after August 18, 1964) but shall be eligible for 
reappointment if he has not served immediately preceding his 
reappointment.

(c) Meetings; annual or by call of Surgeon General

    The Council shall meet as frequently as the Surgeon General deems 
necessary, but not less than once each year. Upon request by three or 
more members, it shall be the duty of the Surgeon General to call a 
meeting of the Council.

(d) Advisory or technical committees

    The Council is authorized to appoint such special advisory or 
technical committees as may be useful in carrying out its functions.

(July 1, 1944, ch. 373, title VI, Sec. 641, formerly Sec. 621, as added 
Pub. L. 88-443, Sec. 3(a), Aug. 18, 1964, 78 Stat. 458, renumbered 
Sec. 641, Pub. L. 91-296, title II, Sec. 201, June 30, 1970, 84 Stat. 
344; amended Pub. L. 91-515, title VI, Sec. 601(b)(2), Oct. 30, 1970, 84 
Stat. 1311; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 
695.)


                            Prior Provisions

    Provisions similar to those comprising this section were contained 
in subsec. (b) of a prior section 291k, act July 1, 1944, ch. 373, title 
VI, Sec. 633, as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat. 1041; 
amended June 24, 1948, ch. 621, Sec. 6(b), 62 Stat. 602; 1953 Reorg. 
Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, 
prior to the general amendment of this subchapter by Pub. L. 88-443.


                               Amendments

    1970--Subsec. (e). Pub. L. 91-515 struck out subsec. (e) which 
related to payment of compensation and travel expenses of appointed 
Council members and members of advisory or technical committees while 
serving on Council business.

                          Transfer of Functions

    ``Secretary of Health and Human Services'' substituted for 
``Secretary of Health, Education, and Welfare'' in subsec. (a) pursuant 
to section 509(b) of Pub. L. 96-88 which is classified to section 
3508(b) of Title 20, Education.
    Office of Surgeon General abolished by section 3 of Reorg. Plan No. 
3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and 
functions thereof transferred to Secretary of Health, Education, and 
Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note 
under section 202 of this title. Secretary of Health, Education, and 
Welfare redesignated Secretary of Health and Human Services by section 
509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 
20.


                Terms of Federal Hospital Council Members

    Section 3(b)(3) of Pub. L. 88-443 providing that the terms of 
members serving on the Council prior to Aug. 18, 1964, shall expire on 
the date they would have expired had Pub. L. 88-443 not been enacted, is 
set out as an Effective Date note under section 291 of this title.


                   Termination of Advisory Committees

    Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a 
note under section 217a of this title, provided that an advisory 
committee established pursuant to the Public Health Service Act shall 
terminate at such time as may be specifically prescribed by an Act of 
Congress enacted after Jan. 4, 1975.
