
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9909]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
           CHAPTER 106--COMMUNITY SERVICES BLOCK GRANT PROGRAM
 
Sec. 9909. Designation and redesignation of eligible entities in 
        unserved areas
        

(a) Qualified organization in or near area

                           (1) In general

        If any geographic area of a State is not, or ceases to be, 
    served by an eligible entity under this chapter, and if the chief 
    executive officer of the State decides to serve such area, the chief 
    executive officer may solicit applications from, and designate as an 
    eligible entity--
            (A) a private nonprofit organization (which may include an 
        eligible entity) that is geographically located in the unserved 
        area, that is capable of providing a broad range of services 
        designed to eliminate poverty and foster self-sufficiency, and 
        that meets the requirements of this chapter; and
            (B) a private nonprofit eligible entity that is 
        geographically located in an area contiguous to or within 
        reasonable proximity of the unserved area and that is already 
        providing related services in the unserved area.

                           (2) Requirement

        In order to serve as the eligible entity for the area, an entity 
    described in paragraph (1)(B) shall agree to add additional members 
    to the board of the entity to ensure adequate representation--
            (A) in each of the three required categories described in 
        subparagraphs (A), (B), and (C) of section 9910(a)(2) of this 
        title, by members that reside in the community comprised by the 
        unserved area; and
            (B) in the category described in section 9910(a)(2)(B) of 
        this title, by members that reside in the neighborhood to be 
        served.

(b) Special consideration

    In designating an eligible entity under subsection (a) of this 
section, the chief executive officer shall grant the designation to an 
organization of demonstrated effectiveness in meeting the goals and 
purposes of this chapter and may give priority, in granting the 
designation, to eligible entities that are providing related services in 
the unserved area, consistent with the needs identified by a community-
needs assessment.

(c) No qualified organization in or near area

    If no private, nonprofit organization is identified or determined to 
be qualified under subsection (a) of this section to serve the unserved 
area as an eligible entity the chief executive officer may designate an 
appropriate political subdivision of the State to serve as an eligible 
entity for the area. In order to serve as the eligible entity for that 
area, the political subdivision shall have a board or other mechanism as 
required in section 9910(b) of this title.

(Pub. L. 97-35, title VI, Sec. 676A, as added Pub. L. 105-285, title II, 
Sec. 201, Oct. 27, 1998, 112 Stat. 2739.)


                            Prior Provisions

    A prior section 9909, Pub. L. 97-35, title VI, Sec. 680, Aug. 13, 
1981, 95 Stat. 517; Pub. L. 99-425, title IV, Sec. 405(c)(2), Sept. 30, 
1986, 100 Stat. 970; Pub. L. 103-171, Sec. 7(c)(3), Dec. 2, 1993, 107 
Stat. 1994, related to limitation on use of grants for construction and 
waiver of such limitation, prior to the general amendment of this 
chapter by Pub. L. 105-285.
    A prior section 676A of Pub. L. 97-35 was classified to section 
9905a of this title, prior to the general amendment of this chapter by 
Pub. L. 105-285.

                  Section Referred to in Other Sections

    This section is referred to in section 9902 of this title.
