---
kind: "section"
citation: "42 U.S.C. § 300ff–12"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300ff–12"
heading: "Administration and planning council"
release: "119-102"
url: "https://uscodex.org/usc/42/300ff-12"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XXIV — Hiv Health Care Services Program"
  - "Part A — Emergency Relief for Areas With Substantial Need for Services"
  - "Subpart i — general grant provisions"
---

# §300ff–12. Administration and planning council

- (a) **Administration—**
  - (1) **In general—** Assistance made available under grants awarded under this subpart shall be directed to the chief elected official of the [city](/usc/42/12902.md?p=11) or [urban county](/usc/42/11360.md?p=13) that administers the public health agency that provides outpatient and ambulatory [services](/usc/42/201.md?p=a) to the greatest number of individuals with [AIDS](/usc/42/300ff–88.md?p=1), as reported to and confirmed by the Centers for Disease Control and Prevention, in the [eligible area](/usc/42/300ff–17.md?p=1) that is awarded such a grant.
  - (2) **Requirements—**
    - (A) **In general—** To receive assistance under [section 300ff–11(a) of this title](/usc/42/300ff–11.md?p=a), the chief elected official of the [eligible area](/usc/42/300ff–17.md?p=1) involved shall—
      - (i) establish, through intergovernmental [agreements](/usc/42/1320b–8.md?p=a-3-A) with the chief elected officials of the political subdivisions described in [subparagraph (B)](#a-2-B), an administrative mechanism to allocate [funds](/usc/42/12854.md?p=3) and [services](/usc/42/201.md?p=a) based on—
        - (I) the number of [AIDS](/usc/42/300ff–88.md?p=1) cases in such subdivisions;
        - (II) the severity of need for outpatient and ambulatory care [services](/usc/42/201.md?p=a) in such subdivisions; and
        - (III) the health and support [services](/usc/42/201.md?p=a) personnel needs of such subdivisions; and
      - (ii) establish an [HIV](/usc/42/300ff–88.md?p=6) health [services](/usc/42/201.md?p=a) planning [council](/usc/42/300f.md?p=9) in accordance with [subsection (b)](#b).
    - (B) **Local political subdivision—** The political subdivisions referred to in [subparagraph (A)](#a-2-A) are those political subdivisions in the [eligible area](/usc/42/300ff–17.md?p=1)—
      - (i) that provide [HIV](/usc/42/300ff–88.md?p=6)-related health [services](/usc/42/201.md?p=a); and
      - (ii) for which the number of cases reported for purposes of [section 300ff–11(a) of this title](/usc/42/300ff–11.md?p=a) constitutes not less than 10 percent of the number of such cases reported for the [eligible area](/usc/42/300ff–17.md?p=1).
- (b) **HIV health services planning council—**
  - (1) **Establishment—** To be eligible for assistance under this subpart, the chief elected official described in [subsection (a)(1)](#a-1) shall establish or designate an [HIV](/usc/42/300ff–88.md?p=6) health [services](/usc/42/201.md?p=a) planning [council](/usc/42/300f.md?p=9) that shall reflect in its composition the demographics of the population of individuals with [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) in the [eligible area](/usc/42/300ff–17.md?p=1) involved, with particular consideration given to disproportionately affected and historically underserved groups and subpopulations. Nominations for membership on the [council](/usc/42/300f.md?p=9) shall be identified through an open process and candidates shall be selected based on locally delineated and publicized criteria. Such criteria shall include a conflict-of-interest [standard](/usc/42/1320d.md?p=7) that is in accordance with [paragraph (5)](#b-5).
  - (2) **Representation—** The [HIV](/usc/42/300ff–88.md?p=6) health [services](/usc/42/201.md?p=a) planning [council](/usc/42/300f.md?p=9) shall include [representatives](/usc/42/3058f.md?p=5) of—
    - (A) [health care providers](/usc/42/300jj.md?p=3), including [federally qualified health centers](/usc/42/254c.md?p=b-2);
    - (B) community-based organizations serving affected populations and [AIDS](/usc/42/300ff–88.md?p=1) [service](/usc/42/201.md?p=a) organizations;
    - (C) social [service](/usc/42/201.md?p=a) providers, including providers of [housing](/usc/42/1490p–2.md?p=r-3) and homeless [services](/usc/42/201.md?p=a);
    - (D) mental health and substance abuse providers;
    - (E) local public health agencies;
    - (F) [hospital](/usc/42/1395dd.md?p=e-5) planning agencies or health care planning agencies;
    - (G) affected communities, including people with [HIV/AIDS](/usc/42/300ff–88.md?p=7-A), members of a Federally recognized [Indian tribe](/usc/42/300f.md?p=14) as represented in the population, individuals co-infected with hepatitis B or C and historically underserved groups and subpopulations;
    - (H) nonelected community leaders;
    - (I) [State](/usc/42/300ff–88.md?p=11-A) government (including the [State](/usc/42/300ff–88.md?p=11-A) medicaid agency and the agency administering the [program](/usc/42/274l–1.md?p=4) under part B);
    - (J) grantees under subpart II[^1] of part C;
    - (K) grantees under [section 300ff–71 of this title](/usc/42/300ff–71.md), or, if none are operating in the area, [representatives](/usc/42/3058f.md?p=5) of organizations with a history of serving [children](/usc/42/256e.md?p=g-2), youth, women, and [families](/usc/42/12704.md?p=11) living with [HIV](/usc/42/300ff–88.md?p=6) and operating in the area;
    - (L) grantees under other Federal [HIV](/usc/42/300ff–88.md?p=6) [programs](/usc/42/274l–1.md?p=4), including but not limited to providers of [HIV](/usc/42/300ff–88.md?p=6) prevention [services](/usc/42/201.md?p=a); and
    - (M) [representatives](/usc/42/3058f.md?p=5) of individuals who formerly were Federal, [State](/usc/42/300ff–88.md?p=11-A), or local prisoners, were released from the custody of the penal system during the preceding 3 years, and had [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) as of the date on which the individuals were so released.
  - (3) **Method of providing for council—**
    - (A) **In general—** In providing for a [council](/usc/42/300f.md?p=9) for purposes of [paragraph (1)](#b-1), a chief elected official receiving a grant under [section 300ff–11(a) of this title](/usc/42/300ff–11.md?p=a) may establish the [council](/usc/42/300f.md?p=9) directly or designate an existing entity to serve as the [council](/usc/42/300f.md?p=9), subject to [subparagraph (B)](#b-3-B).
    - (B) **Consideration regarding designation of council—** In making a determination of whether to establish or designate a [council](/usc/42/300f.md?p=9) under [subparagraph (A)](#b-3-A), a chief elected official receiving a grant under [section 300ff–11(a) of this title](/usc/42/300ff–11.md?p=a) shall give priority to the designation of an existing entity that has demonstrated experience in planning for the [HIV](/usc/42/300ff–88.md?p=6) health care [service](/usc/42/201.md?p=a) needs within the [eligible area](/usc/42/300ff–17.md?p=1) and in the implementation of such plans in addressing those needs. Any existing entity so designated shall be expanded to include a broad representation of the full range of entities that provide such [services](/usc/42/201.md?p=a) within the [geographic area](/usc/42/11360.md?p=9) to be served.
  - (4) **Duties—** The planning [council](/usc/42/300f.md?p=9) established or designated under [paragraph (1)](#b-1) shall—
    - (A) determine the size and demographics of the population of individuals with [HIV/AIDS](/usc/42/300ff–88.md?p=7-A), as well as the size and demographics of the estimated population of individuals with [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) who are unaware of their [HIV](/usc/42/300ff–88.md?p=6) status;
    - (B) determine the needs of such population, with particular attention to—
      - (i) individuals with [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) who know their [HIV](/usc/42/300ff–88.md?p=6) status and are not receiving [HIV](/usc/42/300ff–88.md?p=6)-related [services](/usc/42/201.md?p=a);
      - (ii) disparities in access and [services](/usc/42/201.md?p=a) among affected subpopulations and historically underserved communities; and
      - (iii) individuals with [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) who do not know their [HIV](/usc/42/300ff–88.md?p=6) status;
    - (C) establish priorities for the [allocation](/usc/42/2021b.md?p=2) of [funds](/usc/42/12854.md?p=3) within the [eligible area](/usc/42/300ff–17.md?p=1), including how best to meet each such priority and additional factors that a grantee should consider in allocating [funds](/usc/42/12854.md?p=3) under a grant based on the—
      - (i) size and demographics of the population of individuals with [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) (as determined under [subparagraph (A)](#b-4-A)) and the needs of such population (as determined under [subparagraph (B)](#b-4-B));
      - (ii) demonstrated (or probable) cost effectiveness and outcome effectiveness of proposed strategies and interventions, to the extent that data are reasonably available;
      - (iii) priorities of the communities with [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) for whom the [services](/usc/42/201.md?p=a) are intended;
      - (iv) coordination in the provision of [services](/usc/42/201.md?p=a) to such individuals with [programs](/usc/42/274l–1.md?p=4) for [HIV](/usc/42/300ff–88.md?p=6) prevention and for the prevention and [treatment](/usc/42/11851.md?p=11) of substance abuse, including [programs](/usc/42/274l–1.md?p=4) that provide comprehensive [treatment](/usc/42/11851.md?p=11) for such abuse;
      - (v) availability of other governmental and non-governmental resources, including the [State](/usc/42/300ff–88.md?p=11-A) medicaid plan under title XIX of the Social Security Act [[42 U.S.C. 1396](/usc/42/1396.md) et seq.] and the [State](/usc/42/300ff–88.md?p=11-A) [Children](/usc/42/256e.md?p=g-2)’s Health Insurance [Program](/usc/42/274l–1.md?p=4) under title XXI of such Act [[42 U.S.C. 1397aa](/usc/42/1397aa.md) et seq.] to cover health care costs of [eligible individuals](/usc/42/239.md?p=a-6) and [families with HIV/AIDS](/usc/42/300ff–88.md?p=5); and
      - (vi) capacity development needs resulting from disparities in the availability of [HIV](/usc/42/300ff–88.md?p=6)-related [services](/usc/42/201.md?p=a) in historically underserved communities;
    - (D) develop a comprehensive plan for the organization and delivery of health and support [services](/usc/42/201.md?p=a) described in [section 300ff–14 of this title](/usc/42/300ff–14.md) that—
      - (i) includes a strategy for identifying individuals who know their [HIV](/usc/42/300ff–88.md?p=6) status and are not receiving such [services](/usc/42/201.md?p=a) and for informing the individuals of and enabling the individuals to utilize the [services](/usc/42/201.md?p=a), giving particular attention to eliminating disparities in access and [services](/usc/42/201.md?p=a) among affected subpopulations and historically underserved communities, and including discrete goals, a timetable, and an appropriate [allocation](/usc/42/2021b.md?p=2) of [funds](/usc/42/12854.md?p=3);
      - (ii) includes a strategy to coordinate the provision of such [services](/usc/42/201.md?p=a) with [programs](/usc/42/274l–1.md?p=4) for [HIV](/usc/42/300ff–88.md?p=6) prevention (including outreach and early intervention) and for the prevention and [treatment](/usc/42/11851.md?p=11) of substance abuse (including [programs](/usc/42/274l–1.md?p=4) that provide comprehensive [treatment services](/usc/42/300x–34.md?p=7) for such abuse);
      - (iii) is compatible with any [State](/usc/42/300ff–88.md?p=11-A) or local plan for the provision of [services](/usc/42/201.md?p=a) to individuals with [HIV/AIDS](/usc/42/300ff–88.md?p=7-A); and
      - (iv) includes a strategy, coordinated as appropriate with other community strategies and efforts, including discrete goals, a timetable, and appropriate funding, for identifying individuals with [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) who do not know their [HIV](/usc/42/300ff–88.md?p=6) status, making such individuals aware of such status, and enabling such individuals to use the health and support [services](/usc/42/201.md?p=a) described in [section 300ff–14 of this title](/usc/42/300ff–14.md), with particular attention to reducing barriers to routine testing and disparities in access and [services](/usc/42/201.md?p=a) among affected subpopulations and historically underserved communities;
    - (E) assess the efficiency of the administrative mechanism in rapidly allocating [funds](/usc/42/12854.md?p=3) to the areas of greatest need within the [eligible area](/usc/42/300ff–17.md?p=1), and at the discretion of the planning [council](/usc/42/300f.md?p=9), assess the effectiveness, either directly or through contractual arrangements, of the [services](/usc/42/201.md?p=a) offered in meeting the identified needs;
    - (F) participate in the development of the statewide coordinated statement of need initiated by the [State](/usc/42/300ff–88.md?p=11-A) public health agency responsible for administering grants under part B;
    - (G) establish methods for obtaining input on community needs and priorities which may include public meetings (in accordance with [paragraph (7)](#b-7)), conducting focus groups, and convening ad-hoc [panels](/usc/42/10362.md?p=16); and
    - (H) coordinate with Federal grantees that provide [HIV](/usc/42/300ff–88.md?p=6)-related [services](/usc/42/201.md?p=a) within the [eligible area](/usc/42/300ff–17.md?p=1).
  - (5) **Conflicts of interest—**
    - (A) **In general—** The planning [council](/usc/42/300f.md?p=9) under [paragraph (1)](#b-1) may not be directly involved in the administration of a grant under [section 300ff–11(a) of this title](/usc/42/300ff–11.md?p=a). With respect to compliance with the preceding sentence, the planning [council](/usc/42/300f.md?p=9) may not designate (or otherwise be involved in the selection of) particular entities as [recipients](/usc/42/2996a.md?p=6) of any of the amounts provided in the grant.
    - (B) **Required agreements—** An individual may serve on the planning [council](/usc/42/300f.md?p=9) under [paragraph (1)](#b-1) only if the individual agrees that if the individual has a financial interest in an entity, if the individual is an [employee](/usc/42/300gg–91.md?p=d-5) of a public or [private entity](/usc/42/12181.md?p=6), or if the individual is a member of a public or private organization, and such entity or organization is seeking amounts from a grant under [section 300ff–11(a) of this title](/usc/42/300ff–11.md?p=a), the individual will not, with respect to the purpose for which the entity seeks such amounts, participate (directly or in an advisory capacity) in the process of selecting entities to receive such amounts for such purpose.
    - (C) **Composition of council—** The following applies regarding the membership of a planning [council](/usc/42/300f.md?p=9) under [paragraph (1)](#b-1):
      - (i) Not less than 33 percent of the [council](/usc/42/300f.md?p=9) shall be individuals who are receiving [HIV](/usc/42/300ff–88.md?p=6)-related [services](/usc/42/201.md?p=a) pursuant to a grant under [section 300ff–11(a) of this title](/usc/42/300ff–11.md?p=a), are not officers, [employees](/usc/42/300gg–91.md?p=d-5), or consultants to any entity that receives amounts from such a grant, and do not represent any such entity, and reflect the demographics of the population of individuals with [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) as determined under [paragraph (4)(A)](#b-4-A). For purposes of the preceding sentence, an individual shall be considered to be receiving such [services](/usc/42/201.md?p=a) if the individual is a [parent](/usc/42/1396a.md?p=k-3) of, or a caregiver for, a minor [child](/usc/42/416.md?p=e) who is receiving such [services](/usc/42/201.md?p=a).
      - (ii) With respect to membership on the planning [council](/usc/42/300f.md?p=9), [clause (i)](#b-5-C-i) may not be construed as having any effect on entities that receive [funds](/usc/42/12854.md?p=3) from grants under any of parts B through F but do not receive [funds](/usc/42/12854.md?p=3) from grants under [section 300ff–11(a) of this title](/usc/42/300ff–11.md?p=a), on officers or [employees](/usc/42/300gg–91.md?p=d-5) of such entities, or on individuals who represent such entities.
  - (6) **Grievance procedures—** A planning [council](/usc/42/300f.md?p=9) under [paragraph (1)](#b-1) shall develop procedures for addressing grievances with respect to funding under this subpart, including procedures for submitting grievances that cannot be resolved to binding arbitration. Such procedures shall be described in the by-laws of the planning [council](/usc/42/300f.md?p=9) and be consistent with the requirements of [subsection (c)](#c).
  - (7) **Public deliberations—** With respect to a planning [council](/usc/42/300f.md?p=9) under [paragraph (1)](#b-1), the following applies:
    - (A) The [council](/usc/42/300f.md?p=9) may not be chaired solely by an [employee](/usc/42/300gg–91.md?p=d-5) of the grantee under [section 300ff–11(a) of this title](/usc/42/300ff–11.md?p=a).
    - (B) In accordance with criteria established by the [Secretary](/usc/42/201.md?p=c):
      - (i) The meetings of the [council](/usc/42/300f.md?p=9) shall be open to the public and shall be held only after adequate notice to the public.
      - (ii) The records, reports, transcripts, minutes, agenda, or other documents which were made available to or prepared for or by the [council](/usc/42/300f.md?p=9) shall be available for public [inspection](/usc/42/4851b.md?p=12) and copying at a [single](/usc/42/2304.md?p=m) location.
      - (iii) Detailed minutes of each meeting of the [council](/usc/42/300f.md?p=9) shall be kept. The accuracy of all minutes shall be certified to by the chair of the [council](/usc/42/300f.md?p=9).
      - (iv) This subparagraph does not apply to any disclosure of information of a personal nature that would constitute a clearly unwarranted invasion of personal privacy, including any disclosure of medical information or personnel matters.
- (c) **Grievance procedures—**
  - (1) **Federal responsibility—**
    - (A) **Models—** The [Secretary](/usc/42/201.md?p=c) shall, through a process that includes consultations with grantees under this subpart and public and private experts in grievance procedures, arbitration, and mediation, develop model grievance procedures that may be implemented by the planning [council](/usc/42/300f.md?p=9) under [subsection (b)(1)](#b-1) and grantees under this subpart. Such model procedures shall describe the elements that must be addressed in establishing local grievance procedures and provide grantees with flexibility in the design of such local procedures.
    - (B) **Review—** The [Secretary](/usc/42/201.md?p=c) shall review grievance procedures established by the planning [council](/usc/42/300f.md?p=9) and grantees under this subpart to determine if such procedures are adequate. In making such a determination, the [Secretary](/usc/42/201.md?p=c) shall assess whether such procedures permit legitimate grievances to be filed, evaluated, and resolved at the local level.
  - (2) **Grantees—** To be eligible to receive [funds](/usc/42/12854.md?p=3) under this subpart, a grantee shall develop grievance procedures that are determined by the [Secretary](/usc/42/201.md?p=c) to be consistent with the model procedures developed under [paragraph (1)(A)](#c-1-A). Such procedures shall include a process for submitting grievances to binding arbitration.
- (d) **Process for establishing allocation priorities—** Promptly after the date of the submission of the report required in section 501(b) of the Ryan White CARE Act Amendments of 2000 (relating to the relationship between epidemiological measures and health care for certain individuals with [HIV/AIDS](/usc/42/300ff–88.md?p=7-A)), the [Secretary](/usc/42/201.md?p=c), in consultation with planning [councils](/usc/42/300f.md?p=9) and entities that receive amounts from grants under section [300ff–11(a)](/usc/42/300ff–11.md?p=a) or [300ff–21](/usc/42/300ff–21.md) of this title, shall develop epidemiologic measures—
  - (1) for establishing the number of individuals living with [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) who are not receiving [HIV](/usc/42/300ff–88.md?p=6)-related health [services](/usc/42/201.md?p=a); and
  - (2) for carrying out the duties under [subsection (b)(4)](#b-4) and [section 300ff–27(b) of this title](/usc/42/300ff–27.md?p=b).
- (e) **Training guidance and materials—** The [Secretary](/usc/42/201.md?p=c) shall provide to each chief elected official receiving a grant under [section 300ff–11(a) of this title](/usc/42/300ff–11.md?p=a) guidelines and materials for [training](/usc/42/285e–2.md?p=b-2) members of the planning [council](/usc/42/300f.md?p=9) under paragraph (1) regarding the duties of the [council](/usc/42/300f.md?p=9).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(July 1, 1944, ch. 373, title XXVI, § 2602, as added Pub. L. 101–381, title I, § 101(3), Aug. 18, 1990, 104 Stat. 577; amended Pub. L. 102–531, title III, § 312(d)(26), Oct. 27, 1992, 106 Stat. 3505; Pub. L. 104–146, § 3(b)(1), May 20, 1996, 110 Stat. 1347; Pub. L. 106–345, title I, §§ 101–102(c), 103, Oct. 20, 2000, 114 Stat. 1320–1323; Pub. L. 109–415, title I, §§ 106(b), 107(b), title VII, §§ 702(3), 703, Dec. 19, 2006, 120 Stat. 2780, 2783, 2820; Pub. L. 111–87, §§ 2(a)(1), (3)(A), 6(a), Oct. 30, 2009, 123 Stat. 2885, 2891.)

## Notes

### Editorial Notes

### References in Text

Subpart II of part C, referred to in subsec. (b)(2)(J), was redesignated subpart I of part C of this subchapter by Pub. L. 106–345, title III, § 301(b)(1), Oct. 20, 2000, 114 Stat. 1345, and is classified to section 300ff–51 et seq. of this title.

The Social Security Act, referred to in subsec. (b)(4)(C)(v), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XIX and XXI of the Act are classified generally to subchapters XIX (§ 1396 et seq.) and XXI (§ 1397aa et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

Section 501 of the Ryan White CARE Act Amendments of 2000, referred to in subsec. (d), is section 501 of Pub. L. 106–345, which is set out as a note under section 300ff–11 of this title. Provisions relating to a report are contained in section 501(d) of Pub. L. 106–345.

### Prior Provisions

A prior section 2602 of act July 1, 1944, was successively renumbered by subsequent acts and transferred, see section 238a of this title.

### Amendments

2009—Pub. L. 111–87, § 2(a)(1), (3)(A), repealed Pub. L. 109–415, § 703, and revived the provisions of this section as in effect on Sept. 30, 2009. See 2006 Amendment note and Effective Date of 2009 Amendment; Revival of Section note below.

Subsec. (b)(4)(A). Pub. L. 111–87, § 6(a)(1), inserted “, as well as the size and demographics of the estimated population of individuals with HIV/AIDS who are unaware of their HIV status” before semicolon.

Subsec. (b)(4)(B)(iii). Pub. L. 111–87, § 6(a)(2), added cl. (iii).

Subsec. (b)(4)(D)(iv). Pub. L. 111–87, § 6(a)(3), added cl. (iv).

2006—Pub. L. 109–415, § 703, which directed repeal of this section effective Oct. 1, 2009, was itself repealed by Pub. L. 111–87, § 2(a)(1), effective Sept. 30, 2009.

Pub. L. 109–415, § 702(3), substituted “HIV/AIDS” for “HIV disease” wherever appearing.

Pub. L. 109–415, § 107(b), substituted “this subpart” for “this part” wherever appearing.

Subsec. (b)(2)(G). Pub. L. 109–415, § 106(b), inserted “, members of a Federally recognized Indian tribe as represented in the population, individuals co-infected with hepatitis B or C” before “and historically underserved groups”.

2000—Subsec. (b)(1). Pub. L. 106–345, § 101(a)(1), substituted “demographics of the population of individuals with HIV disease in the eligible area involved,” for “demographics of the epidemic in the eligible area involved,”.

Subsec. (b)(2)(C). Pub. L. 106–345, § 101(a)(2)(A), inserted before semicolon at end “, including providers of housing and homeless services”.

Subsec. (b)(2)(G). Pub. L. 106–345, § 101(a)(2)(B), struck out “or AIDS” after “HIV disease”.

Subsec. (b)(2)(K). Pub. L. 106–345, § 101(a)(2)(C), struck out “and” after semicolon.

Subsec. (b)(2)(L). Pub. L. 106–345, § 101(a)(2)(D), substituted “, including but not limited to providers of HIV prevention services; and” for period at end.

Subsec. (b)(2)(M). Pub. L. 106–345, § 101(a)(2)(E), added subpar. (M).

Subsec. (b)(3)(C). Pub. L. 106–345, § 103(1), struck out heading and text of subpar. (C). Text read as follows: “A planning council may not be chaired solely by an employee of the grantee.”

Subsec. (b)(4)(A), (B). Pub. L. 106–345, § 102(a)(2), added subpars. (A) and (B). Former subpars. (A) and (B) redesignated (C) and (D), respectively.

Subsec. (b)(4)(C). Pub. L. 106–345, § 102(a)(1), redesignated subpar. (A) as (C). Former subpar. (C) redesignated (E).

Subsec. (b)(4)(C)(i) to (vi). Pub. L. 106–345, § 102(a)(3), added cls. (i) to (vi) and struck out former cls. (i) to (iv) which read as follows:

“(i) documented needs of the HIV-infected population;

“(ii) cost and outcome effectiveness of proposed strategies and interventions, to the extent that such data are reasonably available (either demonstrated or probable);

“(iii) priorities of the HIV-infected communities for whom the services are intended; and

“(iv) availability of other governmental and nongovernmental resources;”.

Subsec. (b)(4)(D). Pub. L. 106–345, § 102(a)(4), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “develop a comprehensive plan for the organization and delivery of health services described in section 300ff–14 of this title that is compatible with any existing State or local plan regarding the provision of health services to individuals with HIV disease;”.

Pub. L. 106–345, § 102(a)(1), redesignated subpar. (B) as (D). Former subpar. (D) redesignated (F).

Subsec. (b)(4)(E), (F). Pub. L. 106–345, § 102(a)(1), redesignated subpars. (C) and (D) as (E) and (F), respectively. Former subpar. (E) redesignated (G).

Subsec. (b)(4)(G). Pub. L. 106–345, § 102(a)(1), (6)(A), redesignated subpar. (E) as (G) and substituted “public meetings (in accordance with paragraph (7)),” for “public meetings,”.

Subsec. (b)(4)(H). Pub. L. 106–345, § 102(a)(5), (6)(B), (7), added subpar. (H).

Subsec. (b)(5)(C). Pub. L. 106–345, § 101(b), added subpar. (C).

Subsec. (b)(7). Pub. L. 106–345, § 103(2), added par. (7).

Subsec. (d). Pub. L. 106–345, § 102(b), added subsec. (d).

Subsec. (e). Pub. L. 106–345, § 102(c), added subsec. (e).

1996—Subsec. (b)(1). Pub. L. 104–146, § 3(b)(1)(A)(ii), inserted at end “Nominations for membership on the council shall be identified through an open process and candidates shall be selected based on locally delineated and publicized criteria. Such criteria shall include a conflict-of-interest standard that is in accordance with paragraph (5).”

Pub. L. 104–146, § 3(b)(1)(A)(i), substituted “reflect in its composition the demographics of the epidemic in the eligible area involved, with particular consideration given to disproportionately affected and historically underserved groups and subpopulations.” for “include representatives of—

“(A) health care providers;

“(B) community-based and AIDS service organizations;

“(C) social service providers;

“(D) mental health care providers;

“(E) local public health agencies;

“(F) hospital planning agencies or health care planning agencies;

“(G) affected communities, including individuals with HIV disease;

“(H) non-elected community leaders;

“(I) State government;

“(J) grantees under subpart II of part C of this subchapter; and

“(K) the lead agency of any Health Resources and Services Administration adult and pediatric HIV-related care demonstration project operating in the area to be served.”

Subsec. (b)(2). Pub. L. 104–146, § 3(b)(1)(E), added par. (2). Former par. (2) redesignated (3).

Subsec. (b)(2)(C). Pub. L. 104–146, § 3(b)(1)(B), added subpar. (C).

Subsec. (b)(3). Pub. L. 104–146, § 3(b)(1)(D), redesignated par. (2) as (3). Former par. (3) redesignated (4).

Subsec. (b)(3)(A). Pub. L. 104–146, § 3(b)(1)(C)(i), substituted “area, including how best to meet each such priority and additional factors that a grantee should consider in allocating funds under a grant based on the—” for “area;” and added cls. (i) to (iv).

Subsec. (b)(3)(B). Pub. L. 104–146, § 3(b)(1)(C)(ii), struck out “and” at end.

Subsec. (b)(3)(C). Pub. L. 104–146, § 3(b)(1)(C)(iii), substituted “, and at the discretion of the planning council, assess the effectiveness, either directly or through contractual arrangements, of the services offered in meeting the identified needs;” for period at end.

Subsec. (b)(3)(D), (E). Pub. L. 104–146, § 3(b)(1)(C)(iv), added subpars. (D) and (E).

Subsec. (b)(4). Pub. L. 104–146, § 3(b)(1)(D), redesignated par. (3) as (4).

Subsec. (b)(5), (6). Pub. L. 104–146, § 3(b)(1)(F), added pars. (5) and (6).

Subsec. (c). Pub. L. 104–146, § 3(b)(1)(F), added subsec. (c).

1992—Subsec. (a)(1). Pub. L. 102–531 substituted “Centers for Disease Control and Prevention” for “Centers for Disease Control”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2009 Amendment; Revival of Section

For provisions that repeal by section 2(a)(1) of Pub. L. 111–87 of section 703 of Pub. L. 109–415 be effective Sept. 30, 2009, that the provisions of this section as in effect on Sept. 30, 2009, be revived, and that amendment by section 6(a) of Pub. L. 111–87 be applicable to this section as so revived and effective as if enacted on Sept. 30, 2009, see section 2(a)(2), (3) of Pub. L. 111–87, set out as a note under section 300ff–11 of this title.

### Effective Date of 2000 Amendment

Pub. L. 106–345, title VI, § 601, Oct. 20, 2000, 114 Stat. 1355, provided that: “This Act [see section 1 of Pub. L. 106–345, set out as a Short Title of 2000 Amendments note under section 201 of this title] and the amendments made by this Act take effect October 1, 2000, or upon the date of the enactment of this Act [Oct. 20, 2000], whichever occurs later.”

### Effective Date of 1996 Amendment

Amendment by Pub. L. 104–146 effective Oct. 1, 1996, see section 13 of Pub. L. 104–146, set out as a note under section 300ff–11 of this title.