42 USC § 291k - Federal Hospital Council

---
identifier: "/us/usc/t42/s291k"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 291k - Federal Hospital Council"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "291k"
section_name: "Federal Hospital Council"
chapter_number: 6
chapter_name: "PUBLIC HEALTH SERVICE"
subchapter_number: "IV"
subchapter_name: "CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND OTHER MEDICAL FACILITIES"
part_number: "D"
part_name: "General Provisions"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(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.)"
---


# § 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 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** August 18, 1964

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 ) 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.

---

**Source Credit**: (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 Notes

### Prior Provisions

Provisions similar to those comprising this section were contained in subsec. (b) of a prior section 291k, , as added , ; amended , ; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. , 18 F.R. 2053, , prior to the general amendment of this subchapter by .

### Amendments

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

1970—Subsec. (e).  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 Subsidiaries

### Change of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (a) pursuant to , which is classified to , Education.

### Terms of Federal Hospital Council Members

, , , providing that the terms of members serving on the Council prior to , shall expire on the date they would have expired had  not been enacted, is set out as an Effective Date note under .

### Termination of Advisory Committees

, , , set out as a note under , 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 .

### Definitions

For meaning of references to an intellectual disability and to individuals with intellectual disabilities in provisions amended by , see , set out as a note under , Education.

## Executive Documents

### Transfer of Functions

Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. , 31 F.R. 8855, , 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 . 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, , 52 F.R. 11754.