§9909 — Title 42 The Public Health and Welfare | U.S. Code

Summary

When part of a state has no eligible group serving it, the state governor can ask for applications and pick a group to serve that area. The governor can choose a private nonprofit located in the unserved area that can offer a wide range of services to reduce poverty and help people become self-sufficient, or a nonprofit nearby that already provides related services there. A nearby nonprofit must add board members so the board includes residents of the unserved community covering each of the three member categories required by law, and must include members from the specific neighborhood to be served. The governor must pick an organization that has proved it can meet the program’s goals and may give priority to groups already working in the area based on a community needs assessment. If no private nonprofit qualifies, the governor may name a local government (like a city or county) to serve, but that government must have the required board or governing structure.

Title 42, §9909

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)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)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)In designating an eligible entity under subsection (a), 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)If no private, nonprofit organization is identified or determined to be qualified under subsection (a) 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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 9909, Pub. L. 97–35, title VI, § 680, Aug. 13, 1981, 95 Stat. 517; Pub. L. 99–425, title IV, § 405(c)(2), Sept. 30, 1986, 100 Stat. 970; Pub. L. 103–171, § 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.

§9909 Designation and redesignation of eligible entities in unserved areas