that is an eligible entity described in paragraph (1) (as in effect on the day before October 27, 1998) as of the day before October 27, 1998, or is designated by the process described in section 9909 of this title (including an organization serving migrant or seasonal farmworkers that is so described or designated); and

that has a tripartite board or other mechanism described in subsection (a) or (b), as appropriate, of section 9910 of this title.