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LegalText 42 U.S.C. § 291k Federal Hospital Council us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 6A PUBLIC HEALTH SERVICE 291k 42 U.S.C. § 291k current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s291k data/legal/raw/us/code/title-42/usc42.xml ba7dec8349fcdb75a674dc1a0969b4c6b539992f349924b289bd18e868c91b66 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e d9dde300c9ef945823ef607d371670815e043a0d02cee4813964824cbe26b21c 2026-07-04 official
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42 U.S.C. § 291k - Federal Hospital Council

Text

(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. 88443, § 3(a), Aug. 18, 1964, 78 Stat. 458, renumbered § 641, Pub. L. 91296, title II, § 201, June 30, 1970, 84 Stat. 344; amended Pub. L. 91515, title VI, § 601(b)(2), Oct. 30, 1970, 84 Stat. 1311; Pub. L. 9688, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 111256, § 2(f)(4), Oct. 5, 2010, 124 Stat. 2644.)

Notes

Editorial Notes

Prior ProvisionsProvisions 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. 88443.

Amendments2010—Subsec. (a). Pub. L. 111256 substituted “matters relating to individuals with intellectual disabilities” for “matters relating to the mentally retarded”. 1970—Subsec. (e). Pub. L. 91515 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 section 509(b) of Pub. L. 9688, which is classified to section 3508(b) of Title 20, Education.

Terms of Federal Hospital Council MembersPub. L. 88443, § 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. 88443 not been enacted, is set out as an Effective Date note under section 291 of this title.

Termination of Advisory CommitteesPub. L. 93641, § 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. 111256, see section 2(k) of Pub. L. 111256, set out as a note under section 1400 of Title 20, Education.

Executive Documents

Transfer 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.