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42 U.S. Code § 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 or urban county that administers the public health agency that provides outpatient and ambulatory services to the greatest number of individuals with AIDS, as reported to and confirmed by the Centers for Disease Control and Prevention, in the eligible area that is awarded such a grant.
(2) Requirements
(A) In generalTo receive assistance under section 300ff–11(a) of this title, the chief elected official of the eligible area involved shall—
(i) establish, through intergovernmental agreements with the chief elected officials of the political subdivisions described in subparagraph (B), an administrative mechanism to allocate funds and services based on—
(I)
the number of AIDS cases in such subdivisions;
(II)
the severity of need for outpatient and ambulatory care services in such subdivisions; and
(III)
the health and support services personnel needs of such subdivisions; and
(ii)
establish an HIV health services planning council in accordance with subsection (b).
(B) Local political subdivisionThe political subdivisions referred to in subparagraph (A) are those political subdivisions in the eligible area—
(i)
that provide HIV-related health services; and
(ii)
for which the number of cases reported for purposes of section 300ff–11(a) of this title constitutes not less than 10 percent of the number of such cases reported for the eligible area.
(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) shall establish or designate an HIV health services planning council that shall reflect in its composition the demographics of the population of individuals with HIV/AIDS in the eligible area involved, with particular consideration given to disproportionately affected and historically underserved groups and subpopulations. 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).