42 U.S.C. § 9909 — Designation and redesignation of eligible

Page 7956 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9909 funds, prior to the general amendment of this chapter by Pub. L. 105–285. A prior section 676 of Pub. L. 97–35 was classified to section 9905 of this title, prior to the general amend- ment of this chapter by Pub. L. 105–285. AMENDMENTS 2014—Subsec. (b)(5). Pub. L. 113–128 substituted ‘‘the eligible entities will coordinate the provision of em- ployment and training activities, as defined in section 3 of the Workforce Innovation and Opportunity Act, in the State and in communities with entities providing activities through statewide and local workforce devel- opment systems under such Act’’ for ‘‘the eligible enti- ties will coordinate the provision of employment and training activities, as defined in section 101 of such Act, in the State and in communities with entities pro- viding activities through statewide and local workforce investment systems under the Workforce Investment Act of 1998’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. § 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 pov- erty 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 contig- uous to or within reasonable proximity of the unserved area and that is already pro- viding 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 rep- resentation— (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 sub- section (a), the chief executive officer shall grant the designation to an organization of dem- onstrated 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 identi- fied by a community-needs assessment. (c) No qualified organization in or near area If no private, nonprofit organization is identi- fied or determined to be qualified under sub- section (a) to serve the unserved area as an eli- gible entity the chief executive officer may des- ignate 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, § 676A, as added Pub. L. 105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2739.) 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 amend- ment of this chapter by Pub. L. 105–285. § 9910. Tripartite boards (a) Private nonprofit entities (1) Board In order for a private, nonprofit entity to be considered to be an eligible entity for purposes of section 9902(1) of this title, the entity shall administer the community services block grant program through a tripartite board de- scribed in paragraph (2) that fully participates in the development, planning, implementa- tion, and evaluation of the program to serve low-income communities. (2) Selection and composition of board The members of the board referred to in paragraph (1) shall be selected by the entity and the board shall be composed so as to as- sure that— (A) 1⁄3 of the members of the board are elected public officials, holding office on the date of selection, or their representatives, except that if the number of such elected of- ficials reasonably available and willing to serve on the board is less than 1⁄3 of the membership of the board, membership on the board of appointive public officials or their representatives may be counted in meeting such 1⁄3 requirement; (B)(i) not fewer than 1⁄3 of the members are persons chosen in accordance with demo- cratic selection procedures adequate to as- sure that these members are representative of low-income individuals and families in the neighborhood served; and (ii) each representative of low-income indi- viduals and families selected to represent a specific neighborhood within a community