PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in section 291h(e), acts July 1, 1944, ch. 373, title VI, § 625, as added Aug. 13, 1946, ch. 958, § 2, 60 Stat. 1041, and amended Oct. 25, 1949, ch. 722, § 3(c), 63 Stat. 899, 901; July 12, 1954, ch. 471, § 4(b), 68 Stat. 464, prior to the general amendment of this subchapter by Pub. L. 88-443.

§ 291j. Loans.

(a) Authorization; conditions.

In order further to assist the States in carrying out the purposes of this subchapter, the Surgeon General is authorized to make a loan of funds to the applicant for any project for construction or modernization which meets all of the conditions specified for a grant under this part.

(b) Approval; payments to applicants.

Except as provided in this section, an application for a loan with respect to any project under this part shall be submitted, and shall be approved by the Surgeon General, in accordance with the same procedures and subject to the same limitations and conditions as would be applicable to the making of a grant under this part for such project. Any such application may be approved in any fiscal year only if sufficient funds are available from the allotment for the type of project involved. All loans under this section shall be paid directly to the applicant. (c) Terms.

(1) The amount of a loan under this part shall not exceed an amount equal to the Federal share of the estimated cost of construction or modernization under the project. Where a loan and a grant are made under this part with respect to the same project, the aggregate amount of such loan and such grant shall not exceed an amount equal to the Federal share of the estimated cost of construction or modernization under the project. Each loan shall bear interest at the rate arrived at by adding one-quarter of 1 per centum per annum to the rate which the Secretary of the Treasury determines to be equal to the current average yield on all outstanding marketable obligations of the United States as of the last day of the month preceding the date the application for the loan is approved and by adjusting the result so obtained to the nearest one-eighth of 1 per centum. Each loan made under this part shall mature not more than forty years after the date on which such loan is made, except that nothing in this part shall prohibit the payment of all or part of the loan at any time prior to the maturity date. In addition to the terms and conditions provided for, each loan under this part shall be made subject to such terms, conditions, and covenants relating to repayment of principal, payment of interest, and other matters as may be agreed upon by the applicant and the Surgeon General.

(2) The Surgeon General may enter into agreements modifying any of the terms and conditions of a loan made under this part whenever he determines such action is necessary to protect the financial interest of the United States.

(3) If, at any time before a loan for a project has been repaid in full, any of the events specified in clause (a) or clause (b) of section 291i of this title occurs with respect to such project, the unpaid bal

ance of the loan shall become immediately due and payable by the applicant, and any transferee of the facility shall be liable to the United States for such repayment.

(d) Funds; miscellaneous receipts.

Any loan under this part shall be made out of the allotment from which a grant for the project concerned would be made. Payments of interest and repayments of principal on loans under this part shall be deposited in the Treasury as miscellaneous receipts. (July 1, 1944, ch. 373, title VI, § 610, as added Aug. 18, 1964, Pub. L. 88-443, § 3(a), 78 Stat. 457.)

CODIFICATION

A prior section 2911, act July 1, 1944, ch. 373, title VI, § 632, as added Aug. 13, 1946, ch. 958, § 2, 60 Stat. 1041, and amended June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Oct. 25, 1949, ch. 722, § 4, 63 Stat. 900; July 12, 1954, ch. 471, § 4(g), 68 Stat. 466; Aug. 28, 1958, Pub. L. 85-791, § 27, 72 Stat. 950, related to withholding of certification for noncompliance with requirements, appeal, conclusiveness of findings, the jurisdiction of the courts of appeals and to review by the Supreme Court. See sections 291g and 291h of this title.

EFFECTIVE DATE

Section effective Aug. 18, 1964, see section 3(b) of Pub. L. 88-443, set out as a note under section 291 of this title.

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in former sections 291w-291z, prior to the general amendment of this subchapter by Pub. L. 88-443. Former sections 291w-291z were derived from act July 1, 1944, ch. 373, title VI, §§ 661-664, as added Aug. 1, 1958, Pub. L. 85-589, 72 Stat. 489, 490. Former section 291w was amended by act Oct. 5, 1961, Pub. L. 87-395, § 6, 75 Stat. 826. PART B.-GENERAL PROVISIONS

§ 291k. Federal Hospital Council. (a) Membership; qualifications.

In administering this subchapter, the Surgeon General shall consult with a Federal Hospital Cour cil consisting of the Surgeon General, who shall serv! as Chairman ex officio, and twelve members appointed by the Secretary of Health, Education, and Welfare. 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.

(e) Compensation; per diem.

Appointed Council members and members of advisory or technical committees, while serving on business of the Council, shall be entitled to receive compensation at rates fixed by the Secretary of Health, Education, and Welfare, but not exceeding $75 per day, including travel time, and, while so serving away from their places of residence, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 73b-2 of Title 5 for persons in the Government service employed intermittently. (July 1, 1944, ch. 373, title VI, § 621, as added Aug. 18, 1964, Pub. L. 88-443, § 3(a), 78 Stat. 458.)

CODIFICATION

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, and amended June 24, 1948, ch. 621, § 6(b), 62 Stat. 602; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 FR. 2053, 67 Stat. 631, prior to the general amendment of this subchapter by Pub. L. 88-443.

EFFECTIVE DATE

Section effective Aug. 18, 1964, see section 3(b) of Pub. L. 88-443, set out as a note under section 291 of this title.

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 a note under section 291 of this title.

§ 2911. Conference of State agencies.

Whenever in his opinion the purposes of this subchapter would be promoted by a conference, the Surgeon General may invite representatives of as many State agencies, designated in accordance with section 291d of this title, to confer as he deems necessary or proper. A conference of the representatives of all such State agencies shall be called annually by the Surgeon General. Upon the application of five or more of such State agencies, it shall be the duty of the Surgeon General to call a conference of representatives of all State agencies joining in the request. (July 1, 1944, ch. 373, title VI, § 622, as added Aug. 18, 1964, Pub. L. 88-443, § 3(a), 78 Stat. 458.)

CODIFICATION

Provisions similar to those comprising this section were contained in a prior section 2911, act July 1, 1944, ch. 373, title VI. § 634, as added Aug. 13, 1946, ch. 958, § 2, 60 Stat. 1041, prior to the general amendment of this subchapter by Pub. L. 88-443.

EFFECTIVE DATE

Section effective Aug. 18, 1964, see section 3(b) of Pub. L. 88-443, set out as a note under section 291 of this title.

§ 291m. State control of operations.

Except as otherwise specifically provided, nothing in this subchapter shall be construed as conferring on any Federal officer or employee the right to exercise any supervision or control over the administration, personnel, maintenance, or operation of any facility with respect to which any funds have been or may be expended under this subchapter. (July 1, 1944, ch. 373, title VI, § 623, as added Aug. 18, 1964, Pub. L. 88-443, § 3(a), 78 Stat. 458.)

CODIFICATION

Provisions similar to those comprising this section were contained in a prior section 291m, act July 1, 1944, ch. 373, title VI, § 635, as added Aug. 13, 1946, ch. 958, § 2, 60 Stat. 1041, and amended July 12, 1954, ch. 471, § 4(h), 68 Stat. 467, prior to the general amendment of this sub. chapter by Pub. L. 88-443.

EFFECTIVE Date

Section effective Aug. 18. 1964, see section 3(b) of Pub. L. 88-443, set out as a note under section 291 of this title. § 291n. Research, experiments and demonstrations in utilization of medical facilities; authorization; grants-in-aid; amounts; payment; conditions; authorization of appropriations; right of recovery of United States Government.

(a) The Surgeon General is authorized to conduct research, experiments, and demonstrations relating to the effective development and utilization of services, facilities, and resources of hospitals or other medical facilities and, after consultation with the Federal Hospital Council, to make grants-in-aid to States, political subdivisions, universities, hospitals, and other public and nonprofit private institutions or organizations for projects for the conduct of research, experiments, or demonstrations relating to the development, utilization, and coordination of services, facilities, and resources of hospitals or other medical facilities, agencies, or institutions, and including the construction of units of hospitals or other medical facilities which involve experimental architectural designs or functional layout, the efficiency or economy of which can be tested and evaluated, or the demonstration thereof, and projects for acquisition of experimental or demonstration equipment for use in connection with hospitals or other medical facilities. Any award for any such project made from an appropriation under this section for any fiscal year may include such amounts as the Surgeon General determines to be necessary for succeeding fiscal years for completion of the Federal participation in the project as approved by the Surgeon General.

Payments of any such grant may be made in advance or by way of reimbursement, and in such installments, as may be determined by the Surgeon General; and shall be made on such conditions as the Surgeon General finds necessary to carry out the purposes of this section. A grant under this section with respect to any project for construction of a facility or for acquisition of equipment (1) may not exceed $500,000, and (2) except where the Surgeon General determines that unusual circumstances make a larger percentage necessary in order to effectuate the purposes of this section, may not exceed 50 per centum of so much of the cost of such facility or such equipment as the Surgeon General determines

is reasonably attributable to experimental or demonstration purposes. The provisions of clause (5) of the third sentence of subsection (a) of section 291e of this title and any other provisions of such section which the Surgeon General deems appropriate shall be applicable, along with such other conditions as the Surgeon General may determine, to grants under this section for projects for construction or for acquisition of equipment. There is authorized to be appropriated not to exceed $10,000,000 for any fiscal year to carry out the provisions of this section.

(b) If, within twenty years after completion of any construction for which funds have been paid under this section

(1) the applicant or other owner of the facility shall cease to be a public or other nonprofit institution or organization, or

(2) the facility shall cease to be used for the purposes for which it was constructed or for the provision of hospital or other services for which construction projects may be approved under this title (unless the Surgeon General determines, in accordance with regulations, that there is good cause for releasing the applicant or other owner from the obligation to do so),

the United States shall be entitled to recover from the applicant or other owner of the facility an amount bearing the same ratio to the then value (as determined by agreement of the parties or by action brought in the United States district court for the district in which such facility is situated) of the facility, as the amount of the Federal participation bore to the cost of construction of such facility. Such right of recovery shall not constitute a lien on such facility prior to judgment. (July 1, 1944, ch. 373, title VI, § 624, as added Aug. 18, 1964, Pub. L. 88-443, § 3(a), 78 Stat. 459.)

CODIFICATION

Provisions similar to those comprising this section were contained in a prior section 291n, act July 1, 1944, ch. 373, title VI, § 636, as added Oct. 25, 1949, ch. 722, § 5, 63 Stat. 900, and amended Oct. 5, 1961, Pub. L. 87-395, § 4, 75 Stat. 825, prior to the general amendment of this subchapter by Pub. L. 88-443.

Former section 291n-1, act July 1, 1944, ch. 373, title VI, § 637, formerly § 654 (c), as added July 12, 1954, ch. 471, § 3, 68 Stat. 463, renumbered and amended Aug. 14, 1959, Pub. L. 86-158, title II, § 201, 73 Stat. 349, relating to transfers of allotments between States, was omitted by Pub. L. 88-443. See section 291b(e) of this title.

EFFECTIVE DATE

Section effective Aug. 18, 1964, see section 3(b) of Pub. L. 88-443, set out as a note under section 291 of this title. GRANTS FOR CONSTRUCTION OR EQUIPMENT OR THE PLANNING THEREOF

Section 3(b) (4) of Pub. L. 88-443 providing for the application of certain provisions in effect prior to the enactment of Pub. L. 88-443, to grants for construction of a facility or for acquisition of equipment, or for the planning of such construction or equipment, is set out as a note under section 291 of this title.

§ 2910. Definitions.

For the purposes of this subchapter

(a) The term "State" includes the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the District of Columbia.

(b) The term "Federal share" with respect to any project means the proportion of the cost of con

struction of such project to be paid by the Federal Government, determined as follows:

(1) With respect to projects for which grants are made from allotments made from appropriations under paragraph (b) of section 291a of this title, the Federal share shall be whichever of the following the State elects:

(A) the share determined by the State agency in accordance with standards, included in the State plan, which provide equitably for variations between projects on the basis of objective criteria related to the economic status of areas and, if the State so elects, such other factor or factors as may be appropriate and be permitted by regulations, except that such standards may not provide for a Federal share of more than 66 per centum, or less than 333 per centum,

or

(B) the amount (not less than 333 per centum and not more than either 66% per centum or the State's allotment percentage, whichever is lower) established by the State agency for all projects in the State;

(2) With respect to projects for which grants are made from allotments made from appropriations under paragraph (a) of section 291a of this title, the Federal share shall be whichever of the following the State elects:

(A) the share determined by the State agency in accordance with the standards, included in the State plan, and meeting the requirements set forth in subparagraph (A) of paragraph (1) of this subsection,

(B) the amount (not less than 33% per centum and not more than either 66% per centum or the State's allotment percentage, whichever is lower) established by the State agency for all projects in the State, or

(C) 50 per centum of the cost of construction of the project.

The State agency shall, prior to the approval by it, under the State plan approved under part A of this subchapter, of the first project in the State during any fiscal year, give written notification to the Surgeon General of the Federal share which it has elected pursuant to paragraph (1), and the Federal share which it has elected pursuant to paragraph (2), of this subsection for projects in such State to be approved by the Surgeon General during such fiscal year, and such Federal share or shares for projects in such State approved by the Surgeon General during such fiscal year shall not be changed after approval of such first project by the State.

(c) The term "hospital" includes general, tuberculosis, and other types of hospitals, and related facilities, such as laboratories, outpatient departments. nurses' home facilities, and central service facilities operated in connection with hospitals, but does not include any hospital furnishing primarily domiciliary care.

(d) The term "public health center" means a publicly owned facility for the provision of public health services, including related publicly owned facilities such as laboratories, clinics, and administrative offices operated in connection with such a facility.

(e) The term "nonprofit" as applied to any facility means a facility which is owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

(f) The term "diagnostic or treatment center" means a facility for the diagnosis or diagnosis and treatment of ambulatory patients—

(1) which is operated in connection with a hospital, or

(2) in which patient care is under the professional supervision of persons licensed to practice medicine or surgery in the State, or, in the case of dental diagnosis or treatment, under the professional supervision of persons licensed to practice dentistry in the State.

(g) The term "rehabilitation facility" means a facility which is operated for the primary purpose of assisting in the rehabilitation of disabled persons through an integrated program of—

(1) medical evaluation and services, and (2) psychological, social, or vocational evaluation and services,

under competent professional supervision, and in the case of which

(3) the major portion of the required evaluation and services is furnished within the facility; and

(4) either (A) the facility is operated in connection with a hospital, or (B) all medical and related health services are prescribed by, or are under the general direction of, persons licensed to practice medicine or surgery in the State.

(h) The term "facility for long-term care" means a facility providing in-patient care for convalescent or chonic disease patients who require skilled nursing care and related medical services—

(1) which is a hospital (other than a hospital primarily for the care and treatment of mentally ill or tuberculosis patients) or is operated in connection with a hospital, or

(2) in which such nursing care and medical services are prescribed by, or are performed under the general direction of, persons licensed to practice medicine or surgery in the State.

(1) The term "construction" includes construction of new buildings, expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings (including medical transportation facilities); including architects' fees, but excluding the cost of off-site improvements and, except with respect to public health centers, the cost of the acquisition of land.

(j) The term "cost" as applied to construction or modernization means the amount found by the Surgeon General to be necessary for construction and modernization respectively, under a project, except that such term, as applied to a project for modernization of a facility for which a grant or loan is to be made from an allotment under section 291b(a) (2), does not include any amount found by the Surgeon General to be attributable to expansion of the bed capacity of such facility.

(k) The term "modernization" includes alteration, major repair (to the extent permitted by regula

tions), remodeling, replacement, and renovation of existing buildings (including initial equipment thereof), and replacement of obsolete, built-in (as determined in accordance with regulations) equipment of existing buildings.

(1) The term "title", when used with reference to a site for a project, means a free simple, or such other estate or interest (including a leasehold on which the rental does not exceed 4 per centum of the value of the land) as the Surgeon General finds sufficient to assure for a period of not less than fifty years' undisturbed use and possession for the purposes of construction and operation of the project. (July 1, 1944, ch. 373, title VI, § 625, as added Aug. 18, 1964, Pub. L. 88-443, § 3(a), 78 Stat. 460, and amended Sept. 4, 1964, Pub. L. 88-581, § 3(b), 78 Stat. 919.)

CODIFICATION

A prior section 2910, act July 1, 1944, ch. 373, title VI, § 641, as added July 12, 1954, ch. 471, § 2, 68 Stat. 461, related to a declaration of purpose with respect to diagnostic or treatment centers, chronic disease hospitals, rehabilitation facilities and nursing homes. See section 291 of this title.

AMENDMENTS

1964 Subsec. (c). Pub. L. 88-581 substituted "nurses' home facilities" for "nurses' home and training facilities."

EFFECTIVE DATE OF 1964 AMENDMENT Amendment of subsec. (c) of this section by Pub. L. 88-581 effective with respect to applications for grants from appropriations for fiscal years beginning after June 30, 1965, see effective date note under section 291c of this title.

EFFECTIVE DATE

Section effective Aug. 18, 1964, see section 3(b) of Pub. L. 88-443, set out as a note under section 291 of this title. PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in former section 2911 (d)-(o), act July 1, 1944, ch. 373, title VI, § 631, as added Aug. 13, 1946, ch. 958, § 2, 60 Stat. 1041, and amended June 19, 1948, ch. 544, § 1(b), 62 Stat. 531; Oct. 25, 1949, ch. 722, § 9, 63 Stat. 901; July 12, 1954, ch. 471, § 4(c)—(f), 68 Stat. 465, 466; Aug. 1, 1956, ch. 852, § 19 (b), 70 Stat. 911; June 25, 1959, Pub. L. 86-70, § 31(c), 73 Stat. 149; July 12, 1960, Pub. L. 86-624, § 29 (d), 74 Stat. 419; Oct. 5, 1961, Pub. L. 87-395, § 5, 75 Stat. 826; Sept. 25, 1962, Pub. L. 87-688, § 4(a) (2), 76 Stat. 587, prior to the general amendment of this subchapter by Pub. L. 88-443.

§§ 291p-291z. Omitted.

CODIFICATION

Former sections 291p-291z of this title, were omitted in the general amendment of this subchapter by Pub. L. 88-443.

Sections 291p-291v, relating to diagnostic or treatment centers, chronic disease hospitals, rehabilitation facilities and nursing homes, were derived from act July 1, 1944, ch. 373, title VI, §§ 646–648, 651-654, as added July 12, 1954, ch. 471, §§ 2, 3, 68 Stat. 461-463. See sections 291a, 291b and 291e of this title.

Section 291s was amended by acts Aug. 2, 1956, ch. 871, title IV, § 402, 70 Stat. 929; Aug. 14, 1958, Pub. L. 85-664, § (b), 72 Stat 616; Oct. 5, 1961, Pub. L. 87-395, § 3(a), 75 Stat. 825.

Section 291t was amended by acts Aug. 1, 1956, ch. 852, § 19 (c), 70 Stat. 911; Oct. 5, 1961, Pub. L. 87-395, § 3(b), 75 Stat. 825; Sept. 25, 1962, Pub. L. 87-688, § 4(a) (3), 76 Stat. 587.

Section 291v was amended by act Aug. 14, 1959, Pub. L. 86-158, title II, § 201, 73 Stat. 349.

Sections 291w-291z, relating to Federal loans, this authorization, approval, payment, terms and their funding from allotments, were derived from act July 1, 1944, ch. 373, title VI, §§ 661-664, as added Aug. 1, 1958, Pub. L. 85-589, 72 Stat. 489, 490. See section 291j of this title.

Section 291w was amended by act Oct. 5, 1961, Pub. L. 87-395, § 6, 75 Stat. 826.

SUBCHAPTER V.-HEALTH RESEARCH AND TEACHING FACILITIES, TRAINING OF PROFESSIONAL HEALTH PERSONNEL AND MENTAL RETARDATION RESEARCH FACILITIES PART A. GRANTS FOR CONSTRUCTION OF HEALTH RESEARCH FACILITIES

AMENDMENTS

1963-Pub. L. 88-129, § 2(a), Sept. 24, 1963, 77 Stat. 164, substituted "Health Research and Teaching Facilities and Training of Professional Health Personnel" for "Health Research Facilities", in the subchapter heading, and added the heading of Part A.

§ 292. Declaration of policy.

(a) The Congress finds and declares that (1) the Nation's economy, welfare, and security are adversely affected by many crippling and killing diseases the prevention and control of which require a substantial increase, in all areas of the Nation, of research activities in the sciences related to health, and (2) funds for the construction of new and improved non-Federal facilities to house such activities are inadequate.

(b) It is therefore the purpose of this part to assist in the construction of facilities for the conduct of research in the sciences related to health by providing grants-in-aid on a matching basis to public and nonprofit institutions for such purpose. (July 1, 1944, ch. 373, title VII, § 701, as added July 30, 1956, ch. 779, § 2, 70 Stat. 717, and amended Sept. 24, 1963, Pub. L. 88-129, § 2(a), 77 Stat. 164.) AMENDMENTS

1963-Subsec. (b). Pub. L. 88-129 substituted "part" for "subchapter."

SHORT TITLE

Section 1 of act July 30, 1956, provided that: "This Act [this part] may be cited as the 'Health Research Facilities Act of 1956'."

§ 292a. Definitions.

As used in this part

(1) the term "Council" means the National Advisory Council on Health Research Facilities established by section 292b of this title.

(2) the terms "construction" and "cost of construction" include (A) the construction of new buildings and the expansion, remodeling and alteration of existing buildings, including architects' fees, but not including the cost of acquisition of land or off-site improvements, and (B) equipping new buildings and existing buildings, whether or not expanded, remodeled, or altered;

(3) the term "nonprofit institution" means an institution owned and operated by one or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and

(4) the term "sciences related to health" includes medicine, osteopathy, dentistry, and public health, and fundamental and applied sciences when related thereto.

(July 1, 1944, ch. 373, title VII, § 702, as added July 30, 1956, ch. 779, § 2, 70 Stat. 717, and amended Sept. 24, 1963, Pub. L. 88-129, § 2(a), 77 Stat. 164.)

AMENDMENTS 1963-Pub. L. 88-129 substituted "part" for "subchapter" in the opening phrase.

§ 292b. National Advisory Council on Health Research Facilities.

(a) Establishment; composition; selection of members.

There is established in the Public Health Service a National Advisory Council on Health Research Facilities, consisting of the Surgeon General of the Public Health Service, who shall be Chairman, and an official of the National Science Foundation designated by the National Science Board, who shall be ex officio members, and twelve members appointed by the Secretary without regard to the civilservice laws. Four of the appointed members shall be selected from the general public and eight shall be selected from among leading medical, dental, or scientific authorities who are skilled in the sciences related to health. In selecting persons for appointment to the Council, consideration shall be given to such factors, among others, as (1) experience in the planning, constructing, financing, and administration of institutions engaged in the conduct of research in the sciences related to health, and (2) familiarity with the need for research facilities in all areas of the Nation.

(b) Functions.

The Council shall

(1) advise and assist the Surgeon General in the preparation of general regulations and with respect to policy matters arising in the administration of this part; and

(2) consider all applications for grants under this part and make to the Surgeon General such recommendations as it deems advisable with respect to (A) the approval of such applications, and (B) the amount which should be granted to each applicant whose application, in its opinion. should be approved.

(c) Administration.

The Surgeon General is authorized to use the services of any member or members of the Council, and where appropriate, any member or members of the Federal Hospital Council, the National Advisory Health Council or the other national advisory councils referred to in section 218 of this title, in connection with matters related to the administration of this part, for such periods, in addition to conference periods, as he may determine. The Surgeon General shall, in addition, make appropriate provision for consultation between and coordination of the work of the Council, the Federal Hospital Council, the National Advisory Health Council and such other national advisory councils, with respect to matters bearing on the purposes and administration of this part.

(d) Compensation and travel expenses.

Appointed members of the Council, while attending conferences or meetings of the Council or while otherwise serving at the request of the Secretary, shall be entitled to receive compensation at a rate to be fixed by the Secretary but not exceeding $50 per diem, including travel time, and while away from their homes or regular places of business they