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

SEC. 307. PLANNING, COORDINATION, EVALUATION, AND ADMINISTRATION OF STATE PLANS. Section 308(b) of the Older Americans Act of 1965 (42 U.S.C. 3028(b)) is amended— (1) in paragraph (4)— (A) in subparagraph (A)— (i) by striking “in its plan under section 307(a)(13) regarding Part C of this title,”; and (ii) by striking “30 percent” and inserting “40 percent”; (B) in subparagraph (B)— (i) by striking “Tor fiscal year 1993, 1994, 1995, or 1996” and inserting “for any fiscal year”; and (ii) by striking “to satisfy such need—” and all that follows and inserting “to satisfy such need an additional 10 percent of the funds so received by a State and attributable to funds appropriated under paragraph (1) or (2) of section 303(b)”; and (C) by adding at the end the following: “(C) A State’s request for a waiver under subparagraph (B) shall— “(i) be not more than one page in length; “(ii) include a request that the waiver be granted; “(iii) specify the amount of the funds received by a State and attributable to funds appropriated under paragraph (1) or (2) of section 303(b), over the permissible 40 percent referred 114 STAT. 2246to in subparagraph (A), that the State requires to satisfy the need for services under subpart 1 or 2 of part C; and “(iv) not include a request for a waiver with respect to an amount if the transfer of the amount would jeopardize the appropriate provision of services under subpart 1 or 2 of part C.”; and (2) by striking paragraph (5) and inserting the following; “(5)(A)Notwithstanding any other provision of this title, 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 any fiscal year between programs under part B and part C, for use as the State considers appropriate. The State shall notify the Assistant Secretary of any such election. “(B) At a minimum, the notification 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.”.