PROGRAM INSTRUCTION 

AoA-PI-10-03 

TO: STATE AGENCIES ON AGING ADMINISTERING PLANS 

 UNDER TITLE III OF THE OLDER AMERICANS ACT (OAA) 

 OF 1965, AS AMENDED 

SUBJECT: Procedures for Reporting the Transfer of Federal Fiscal Year 

 (FY) 2010 Title III Mandatory Grant Funds 

LEGAL AND 

RELATED 

REFERENCES: Older Americans Act, Sections 308 (b)(4)(A), 

 308 (b)(4)(B), 308 (b)(5)(A), and 308 (b)(4)(C), 

 As Amended 

This Program Instruction (PI) provides procedures for reporting the transfer of funds 

within certain Title III allotments. This PI also explains how the Administration on 

Aging (AoA) will reflect these reported transfers on a statement of grant award 

amendment. 

The Older Americans Act (OAA), as amended provides authority for states to transfer 

funds, within statutory limits, among their allotments for Home and Community Based 

Supportive Services (III-B), Congregate Nutrition Services (III-C1), and Home-Delivered 

Nutrition Services (III-C2). There is, however, no authority for states to transfer funds 

in or out of the allotments for Preventive Health Services Disease Prevention or the 

National Family Caregiver Support Program. 

Transfers between Congregate Nutrition Services (Title III-C1) and HomeDelivered Nutrition Services (Title III-C2): States may transfer up to 40% of their 

allotment for Title III-C1 to Title III-C2, or vice versa. By statute, the election to transfer 

funds is a state decision that may be disapproved by the U.S. Assistant Secretary for 

Aging, only if she determines that the transfer is not consistent with the objectives of the 

OAA, as amended. A state may make such a transfer at any point during the fiscal year. 

The OAA, as amended provides that the Assistant Secretary may grant a waiver to permit 

a state to transfer an additional 10%, i.e., up to a total of 50%, of funds between Titles 

III-C1 and III-C2. The approval of such a waiver by the Assistant Secretary is contingent 

upon the state’s demonstration that the funds available under Titles III-C1 or III-C2, 

including transfers, are insufficient to satisfy needs. The content requirements of the 

waiver request are specified in section 308 (b)(4)(C). 

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Transfers between Home and Community Based Supportive Services (Title III-B) 

and the Nutrition Service Programs under Title III-C: The OAA, as amended 

permits a state to transfer up to 30% of an allotment between Titles III-B and the 

Nutrition Programs under Title III-C. This transfer may be made at the discretion of the 

state and requires only that the state notify AoA. Section 316 (b)(4) permits the Assistant 

Secretary to grant a waiver of the 30% transfer limit. However, in order to receive such a 

waiver, a state must comply with all the requirements in section 316. The section 316 

waiver provision is more involved than the waiver provision in section 308 (relating to 

transfers between Titles III-C1 and III-C2). States are cautioned not to wait until the end 

of the fiscal year to request a waiver under section 316. If needed, a section 316 waiver 

should be initiated as early as possible in the fiscal year. 

Instructions for Reflecting a Transfer on the Financial Status Report (SF-269): 

Whenever a state makes a transfer during the fiscal year, the state should reflect that 

transfer on its next SF-269. The state should reflect the transfer on the supplemental 

sheet to the SF-269, detailing how the funds in line 10(o) are allocated. 

Funds taken from any part of Title III for use as State Plan Administration do not 

constitute a transfer in the context of this PI, and therefore should not be reported as a 

transfer. 

When submitting transfer information, a state should follow these procedures: 

1. Transfers are made only from the last grant award for FY 2010 for Title 

III; 

2. Show only the total transfer made during the fiscal year, in III-B, III-C1 

and/or III-C2 (not the series of individual transfers that might have been 

made during the fiscal year); and, 

3. Show the state’s computation of its final allotment in each affected Title, 

as shown in the state’s records, so that AoA can verify the transfer grant 

award against the state’s figures. 

Notification of amounts transferred this fiscal year, as well as requests for a waiver must 

be received on or before September 21, 2010. AoA will issue a revised statement of 

grant award amendment reflecting the transfer. 

The Assistant Secretary reserves the right to approve or disapprove a state’s request for a 

waiver of the limits on the amount of funds that a state may transfer. States will be 

notified in writing of the Assistant Secretary’s decision. 

Any transfers reflected on the SF-269 after the close of the fiscal year must be supported 

by documentation which indicates that the transfers were approved or made prior to the 

close of the fiscal year. 

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AoA will not accept requests for waivers submitted after September 21, 2010. 

DUE DATE: September 21, 2010 for submission to 

 Regional Administrators on Aging, DHHS 

 Regional Offices 

INQUIRIES: Inquiries should be addressed to the appropriate 

 Regional Administrator on Aging, DHHS 

 Regional Offices 

 ______________________________ 

 Edwin L. Walker 

 Deputy Assistant Secretary for Program Operations 

 Administration on Aging