114 STAT. 2246 PUBLIC LAW 106-501—NOV. 13, 2000 to 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.". SEC. 308. AVAILABILITY OF DISASTER RELIEF FUNDS TO TRIBAL ORGANIZATIONS. Section 310 of the Older Americans Act of 1965 (42 U.S.C. 3030) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by inserting "(or to any tribal organization receiving a grant under title VI)" after "any State"; and (ii) by inserting "(or funds used by such tribal organization)" before "for the delivery of supportive services"; (B) in paragraph (2), by inserting "and such tribal organizations" after "States"; and (C) in paragraph (3), by inserting "or such tribal organization" after "State" each place it appears; and (2) in subsections (b)(1) and (c), by inserting "and such tribal organizations" after "States". SEC. 309. NUTRITION SERVICES INCENTIVE PROGRAM. Section 311 of the Older Americans Act of 1965 (42 U.S.C. 3030a) is amended— (1) in the section heading, by striking "AVAILABILITY OF SURPLUS COMMODITIES" and inserting "NUTRITION SERVICES INCENTIVE PROGRAM"; (2) by redesignating subsections (a), (b), (c), and (d) as subsections (c), (d), (e), and (f), respectively; (3) by inserting before subsection (c) (as redesignated by paragraph (2)) the following: "(a) The purpose of this section is to provide incentives to encourage and reward effective performance by States and tribal organizations in the efficient delivery of nutritious meals to older individuals. "(b)(1) The Secretary of Agriculture shall allot and provide in the form of cash or commodities or a combination thereof (at the discretion of the State) to each State agency with a plan approved under this title for a fiscal year, and to each grantee with an application approved under title VI for such fiscal year.
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