PRIA, Government Policy, Made Personal

Summary

When a part of a state has no eligible group serving it, the state's chief executive officer can ask for applications and name a nonprofit to serve that area. The officer can pick a private nonprofit located in the unserved area that can provide many anti-poverty services and meets the chapter’s rules, or a private nonprofit already working nearby or next to the area. If a nearby nonprofit is picked, it must add board members so the three required categories from section 9910(a)(2) are represented by people who live in the unserved community, and the neighborhood category from that same section must be filled by people who live in the neighborhood to be served. The officer must choose an organization that has shown it works and may give priority to groups already helping the area, based on a community-needs check. If no suitable nonprofit is found, the officer can pick a state political subdivision to serve, as long as it has the board or other setup required by section 9910(b).

Title 42, §9909

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

(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), 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) 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