---
kind: "section"
citation: "42 U.S.C. § 9909"
title: "42"
title_heading: "The Public Health and Welfare"
number: "9909"
heading: "Designation and redesignation of eligible entities in unserved areas"
release: "119-102"
url: "https://uscodex.org/usc/42/9909"
units:
  - "Chapter 106 — Community Services Block Grant Program"
---

# §9909. Designation and redesignation of eligible entities in unserved areas

- (a) **Qualified organization in or near area—**
  - (1) **In general—** If any [geographic area](/usc/42/11360.md?p=9) of a [State](/usc/42/9902.md?p=5) is not, or ceases to be, served by an [eligible entity](/usc/42/9902.md?p=1-A) under this chapter, and if the [chief executive officer](/usc/42/12511.md?p=9) of the [State](/usc/42/9902.md?p=5) decides to serve such area, the [chief executive officer](/usc/42/12511.md?p=9) may solicit applications from, and designate as an [eligible entity](/usc/42/9902.md?p=1-A)—
    - (A) a private nonprofit organization (which may include an [eligible entity](/usc/42/9902.md?p=1-A)) 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](/usc/42/9902.md?p=1-A) 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](/usc/42/9902.md?p=1-A) for the area, an entity described in [paragraph (1)(B)](#a-1-B) shall agree to add additional members to the [board](/usc/42/10261.md?p=2) of the entity to ensure adequate representation—
    - (A) in each of the three required [categories](/usc/42/1395w–4.md?p=j-1) described in subparagraphs (A), (B), and (C) of [section 9910(a)(2) of this title](/usc/42/9910.md?p=a-2), by members that reside in the community comprised by the unserved area; and
    - (B) in the [category](/usc/42/1395w–4.md?p=j-1) described in [section 9910(a)(2)(B) of this title](/usc/42/9910.md?p=a-2-B), by members that reside in the neighborhood to be served.
- (b) **Special consideration—** In designating an [eligible entity](/usc/42/9902.md?p=1-A) under [subsection (a)](#a), the [chief executive officer](/usc/42/12511.md?p=9) 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](/usc/42/296.md?p=1) 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](/usc/42/9902.md?p=3) is identified or determined to be qualified under [subsection (a)](#a) to serve the unserved area as an [eligible entity](/usc/42/9902.md?p=1-A) the [chief executive officer](/usc/42/12511.md?p=9) may designate an appropriate political subdivision of the [State](/usc/42/9902.md?p=5) to serve as an [eligible entity](/usc/42/9902.md?p=1-A) for the area. In order to serve as the [eligible entity](/usc/42/9902.md?p=1-A) for that area, the political subdivision shall have a [board](/usc/42/10261.md?p=2) or other mechanism as required in [section 9910(b) of this title](/usc/42/9910.md?p=b).

## Source credit

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

## Notes

### 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.