Page:United States Statutes at Large Volume 106 Part 2.djvu/355

 PUBLIC LAW 102-375—SEPT. 30, 1992 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 oi the mnds 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 tremsferred. 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 psiragraph (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.". SEC. 309. DISASTER RELIEF REIMBURSEMENTS. Section 310 of the Older Americans Act of 1965 (42 U.S.C. 3030) is amended— (1) in subsection (a)— (A) in paragraph (1) by inserting "(and related supplies)" after "supportive services"; and (B) by adding at the end the following: "(3) If the Commissioner decides, in the 5-day period beginning on the date such disaster is declared by the President, to provide

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