PLANNING, COORDINATION, EVALUATION, AND ADMINISTRATION OF STATE PLANS.

SEC. 308. PLANNING, COORDINATION, EVALUATION, AND ADMINISTRATION OF STATE PLANS. Section 308 of the Older Americans Act of 1965 (42 U.S.C. 3028) is amended— (1) in subsection (a)(3) by inserting “been” after “which has”; and (2) in subsection (b)— (A) in paragraph (4)— (i) by inserting “(A)” after “(4)”; (ii) in the first sentence— (I) by inserting “and except as provided in subparagraph (B)” after “this title”; (II) by striking “received under section 303(b) (1) and (2), a” and inserting “received by a State and attributable to funds appropriated under paragraph (1) or (2) of section 303(b), the”; and (III) by striking “a portion of the funds appropriated” and inserting “not more than 30 percent of the funds so received”; and (iii) by adding at the end the following: “(B) If a State demonstrates, to the satisfaction of the Commissioner, that funds received by the State and attributable to funds appropriated under paragraph (1) or (2) of section 303(b), including funds transferred under subparagraph (A) without regard to this subparagraph, for fiscal year 1993, 1994, 1995, or 1996 are insufficient to satisfy the need for services under subpart 1 or subpart 2 of part C, then the Commissioner may grant a waiver that permits the State to transfer under subparagraph (A) to satisfy such need— “(i) an additional 18 percent of the funds so received for fiscal year 1993; “(ii) an additional 15 percent of the funds so received for each of the fiscal years 1994 and 1995; and “(iii) an additional 10 percent of the funds so received for fiscal year 1996.”; and (B) by striking paragraph (5) and inserting the following: “(5) (A) Notwithstanding any other provision of this title and except as provided in subparagraph (B), of the funds received by a State attributable to funds appropriated under subsection (a)(1), and paragraphs (1) and (2) of subsection (b), of section 303, the State may elect to transfer not more than 30 percent for fiscal year 1993, not more than 25 percent for fiscal year 1994, not more than 25 percent for fiscal year 1995, and not more than 20 percent for fiscal year 1996, between programs under part B and part C, for use as the State considers appropriate. The State shall notify the Commissioner of any such election. 106 STAT. 1235 “(B) (i) If a State demonstrates, to the satisfaction of the Commissioner, that funds received by the State and attributable to funds appropriated under part B or part C (including funds transferred under subparagraph (A) without regard to this subparagraph) for fiscal year 1994 or 1995 are insufficient to satisfy the need for services under such part, then the Commissioner may grant a waiver that permits the State to transfer under subparagraph (A) to satisfy such need an additional 5 percent of the funds so received for such fiscal year. “(ii) If a State demonstrates, to the satisfaction of the Commissioner, that funds received by the State and attributable to funds appropriated under part B or part C (including funds transferred under subparagraph (A) without regard to this subparagraph) for fiscal year 1996 are insufficient to satisfy the need for services under such part, then the Commissioner may grant a waiver that permits the State to transfer under subparagraph (A) to satisfy such need an additional 8 percent of the funds so received for such fiscal year. “(C) At a minimum, the application described in subparagraph (A) shall include a description of the amount to be transferred, the purposes of the transfer, the need for the transfer, and the impact of the transfer on the provision of services from which the funding will be transferred. The Commissioner shall approve or deny the application in writing. “(6) A State agency may not delegate to an area agency on aging or any other entity the authority to make a transfer under paragraph (4)(A) or (5)(A). “(7) The Commissioner shall annually collect, and include in the report required by section 207(a), data regarding the transfers described in paragraphs (4)(A) and (5)(A), including— “(A) the amount of funds involved in the transfers, analyzed by State; “(B) the rationales for the transfers; “(C) in the case of transfers described in paragraphs (4)(A) and (5)(A), the effect of the transfers of the provision of services, including the effect on the number of meals served, under— “(i) subpart 1 of part C; and “(ii) subpart 2 of part C; and “(D) in the case of transfers described in paragraph (5)(A)— “(i) in the case of transfers to part B, information on the supportive services, or services provided through senior centers, for which the transfers were used; and “(ii) the effect of the transfers on the provision of services provided under— “(I) part B; and “(II) part C, including the effect on the number of meals served.”.