PUBLIC LAW 104-146—MAY 20, 1996 110 STAT. 1347 the boundaries that were in effect for the area for fiscal year 1994. " (d) CONTINUED STATUS AS ELIGIBLE AREA. — Notwithstanding any other provision of this section, a metropohtan area that was an eligible area under this part for fiscal year 1996 is an eligible area for fiscal year 1997 and each subsequent fiscal year.". (3) CONFORMING AMENDMENT REGARDING DEFINITION OF ELIGIBLE AREA. —Section 2607(1) (42 U.S.C. 300ff-17(l)) is amended by striking "The term" and all that follows and inserting the following: "The term 'eligible area' means a metropolitan area meeting the requirements of section 2601 that are applicable to the area,". (b) EMERGENCY RELIEF FOR AREAS WITH SUBSTANTIAL NEED FOR SERVICES. — (1) HIV HEALTH SERVICES PLANNING COUNCIL.—Subsection (b) of section 2602 (42 U.S.C. 300ff-12(b)) is amended— (A) in paragraph (1)— (i) by striking "include" and all that follows through the end thereof, and inserting "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."; and (ii) by adding at the end thereof the following new sentences: "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)."; (B) in paragraph (2), by adding at the end thereof the following new subparagraph: "(C) CHAIRPERSON.—^A planning council may not be chaired solely by an employee of the grantee."; (C) in paragraph (3)— (i) in subparagraph (A), by striking "area;" and inserting "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— "(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;"; (ii) by striking "and" at the end of subparagraph (B); (iii) by striking the period at the end of subparagraph (C) and inserting ", 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;"; and
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