Page:United States Statutes at Large Volume 110 Part 2.djvu/557

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PUBLIC LAW 104-146—MAY 20, 1996 110 STAT. 1349 (directly or in an advisory capacity) in the process of selecting entities to receive such amounts for such purpose. "(6) GRIEVANCE PROCEDURES. —A planning council under paragraph (1) shall develop procedures for addressing grievances with respect to funding under this part, 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 and be consistent with the requirements of subsection (c). " (c) GRIEVANCE PROCEDURES. — "(1) FEDERAL RESPONSIBILITY.— "(A) MODELS.— The Secretary shall, through a process that includes consultations with grsuitees under this part and public and private experts in grievance procedures, arbitration, and mediation, develop model grievance procedures that may be implemented by the planning council under subsection (b)(1) and grsintees under this part. 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 shall review grievgmce procedures established by the planning council and grantees under this part to determine if such procedures are adequate. In making such a determination, the Secretary shall assess whether such procedures permit legitimate grievsmces to be filed, evaluated, and resolved at the local level. "(2) GRANTEES.—To be eligible to receive funds under this part, a grantee shall develop grievance procedures that are determined by the Secretary to be consistent with the model procedures developed under paragraph (1)(A). Such procedures shall include a process for submitting grievances to binding arbitration.". (2) DISTRIBUTION OF GRANTS. —Section 2603 (42 U.S.C. 300ff-13) is amended— (A) in subsection (a)(2), by striking "Not later than—" and all that follows through "the Secretary shall" and inserting the following: "Not later than 60 days after an appropriation becomes available to carry out this part for each of the fiscal years 1996 through 2000, the Secretary shall"; and (B) in subsection (b) (i) in paragraph (1)— (I) by striking "and" at the end of subparagraph (D); (II) by striking the period at the end of subparagraph (E) and inserting a semicolon; and (III) by adding at the end thereof the following new subparagraphs: "(F) demonstrates the inclusiveness of the planning council membership, with particular emphasis on affected communities and individuals with HIV disease; and "(G) demonstrates the manner in which the proposed services are consistent with the local needs assessment and the statewide coordinated statement of need."; and