U.S. Code » Title 42 » Chapter CHAPTER 6A— PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER IV— CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND OTHER MEDICAL FACILITIES › Part Part D— General Provisions

42 U.S.C. § 291k

Federal Hospital Council

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(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 individuals with intellectual disabilities, 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, § 641, formerly § 621, as added Pub. L. 88–443, § 3(a), Aug. 18, 1964, 78 Stat. 458, renumbered § 641, Pub. L. 91–296, title II, § 201, June 30, 1970, 84 Stat. 344; amended Pub. L. 91–515, title VI, § 601(b)(2), Oct. 30, 1970, 84 Stat. 1311; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 111–256, § 2(f)(4), Oct. 5, 2010, 124 Stat. 2644.)Editorial NotesPrior 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, § 633, as added Aug. 13, 1946, ch. 958, § 2, 60 Stat. 1041; amended June 24, 1948, ch. 621, § 6(b), 62 Stat. 602; 1953 Reorg. Plan No. 1, §§ 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

2010—Subsec. (a). Pub. L. 111–256 substituted “matters relating to individuals with intellectual disabilities” for “matters relating to the mentally retarded”.

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.

Statutory Notes and Related SubsidiariesChange of Name

“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.

Terms of Federal Hospital Council Members

Pub. L. 88–443, § 3(b)(3), Aug. 18, 1964, 78 Stat. 462, 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, § 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.

Definitions

For meaning of references to an intellectual disability and to individuals with intellectual disabilities in provisions amended by section 2 of Pub. L. 111–256, see section 2(k) of Pub. L. 111–256, set out as a note under section 1400 of Title 20, Education.

Executive DocumentsTransfer of Functions

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. Office of Surgeon General reestablished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754.

Notes of Decisions
Cited in 4 cases, 1970–1977 · leading case: Nat'l Ass'n of Neighborhood Health Centers, Inc. v. David Mathews, as U. S. Sec'y of Health, Educ. & Welfare, 551 F.2d 321 (D.C. Cir. 1976).
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Nat'l Ass'n of Neighborhood Health Centers, Inc. v. David Mathews, as U. S. Sec'y of Health, Educ. & Welfare, 551 F.2d 321 (D.C. Cir. 1976). “42 U.S.C. § 291k. The Federal Hospital Council is a private body, consisting of twelve members appointed by the Secretary of HEW.”
Cook v. Ochsner Found. Hosp., 319 F. Supp. 603 (E.D. La. 1970). “ement and administration of this legislation as evi *605 dence of Congress’ intent to entrust this task solely to the Department of Health, Education and Welfare with the assistance of the Federal Hospital Council, a body composed in large part (six out of the twelve members) of…”
Corum v. Beth Israel Med. Ctr., 373 F. Supp. 550 (S.D.N.Y. 1974). “” 42 U.S.C. § 291k(a). Regulations under § 291c cannot be passed without the Council’s approval, giving it a veto power over regulations proposed by the Secretary.”
Cook v. Ochsner Found. Hosp., 559 F.2d 968 (5th Cir. 1977). “The Federal Hospital Council (42 U.S.C. § 291k), composed of eight appointed members, was created by the Act of August 13, 1946, 60 Stat.”
— 42 U.S.C. § 291k(a) — 1 case
Corum v. Beth Israel Med. Ctr., 373 F. Supp. 550 (S.D.N.Y. 1974). “” 42 U.S.C. § 291k(a). Regulations under § 291c cannot be passed without the Council’s approval, giving it a veto power over regulations proposed by the Secretary.”
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