---
kind: "section"
citation: "42 U.S.C. § 3030c–3"
title: "42"
title_heading: "The Public Health and Welfare"
number: "3030c–3"
heading: "Waivers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/3030c-3"
units:
  - "Chapter 35 — Programs for Older Americans"
  - "Subchapter III — Grants for State and Community Programs on Aging"
  - "Part A — General Provisions"
---

# §3030c–3. Waivers

- (a) **In general—** The [Assistant Secretary](/usc/42/3002.md?p=7) may waive any of the provisions specified in [subsection (b)](#b) with respect to a [State](/usc/42/3002.md?p=51), upon receiving an application by the [State agency](/usc/42/3002.md?p=52) containing or accompanied by documentation sufficient to establish, to the satisfaction of the [Assistant Secretary](/usc/42/3002.md?p=7), that—
  - (1) approval of the [State](/usc/42/3002.md?p=51) legislature has been obtained or is not required with respect to the proposal for which waiver is sought;
  - (2) the [State agency](/usc/42/3002.md?p=52) has collaborated with the area [agencies](/usc/42/8262.md?p=1) on aging in the [State](/usc/42/3002.md?p=51) and other organizations that would be affected with respect to the proposal for which waiver is sought;
  - (3) the proposal has been made available for public review and comment, including the opportunity for a public hearing upon request, within the [State](/usc/42/3002.md?p=51) (and a summary of all of the comments received has been included in the application); and
  - (4) the [State agency](/usc/42/3002.md?p=52) has given adequate consideration to the probable positive and negative consequences of approval of the waiver application, and the probable benefits for [older individuals](/usc/42/3002.md?p=40) can reasonably be expected to outweigh any negative consequences, or particular circumstances in the [State](/usc/42/3002.md?p=51) otherwise justify the waiver.
- (b) **Requirements subject to waiver—** The provisions of this subchapter that may be waived under this section are—
  - (1) any provision of sections [3025](/usc/42/3025.md), [3026](/usc/42/3026.md), and [3027](/usc/42/3027.md) of this title requiring statewide uniformity of [programs](/usc/42/3056p.md?p=a-7) carried out under this subchapter, to the extent necessary to permit demonstrations, in limited areas of a [State](/usc/42/3002.md?p=51), of innovative approaches to assist [older individuals](/usc/42/3002.md?p=40);
  - (2) any area plan requirement described in [section 3026(a) of this title](/usc/42/3026.md?p=a) if granting the waiver will promote innovations or improve service delivery and will not diminish services already provided under this chapter;
  - (3) any [State](/usc/42/3002.md?p=51) plan requirement described in [section 3027(a) of this title](/usc/42/3027.md?p=a) if granting the waiver will promote innovations or improve service delivery and will not diminish services already provided under this chapter;
  - (4) any restriction under paragraph (5) of [section 3028(b) of this title](/usc/42/3028.md?p=b), on the amount that may be transferred between [programs](/usc/42/3056p.md?p=a-7) carried out under part B and part C; and
  - (5) the requirement of [section 3029(c) of this title](/usc/42/3029.md?p=c) that certain amounts of a [State](/usc/42/3002.md?p=51) allotment be used for the provision of services, with respect to a [State](/usc/42/3002.md?p=51) that reduces expenditures under the [State](/usc/42/3002.md?p=51) plan of the [State](/usc/42/3002.md?p=51) (but only to the extent that the non-Federal share of the expenditures is not reduced below any minimum specified in [section 3024(d) of this title](/usc/42/3024.md?p=d) or any other provision of this subchapter).
- (c) **Duration of waiver—** The application by a [State agency](/usc/42/3002.md?p=52) for a waiver under this section shall include a recommendation as to the duration of the waiver (not to exceed the duration of the [State](/usc/42/3002.md?p=51) plan of the [State](/usc/42/3002.md?p=51)). The [Assistant Secretary](/usc/42/3002.md?p=7), in granting such a waiver, shall specify the duration of the waiver, which may be the duration recommended by the [State agency](/usc/42/3002.md?p=52) or such shorter time period as the [Assistant Secretary](/usc/42/3002.md?p=7) finds to be appropriate.
- (d) **Reports to Secretary—** With respect to each waiver granted under this section, not later than 1 year after the expiration of such waiver, and at any time during the waiver period that the [Assistant Secretary](/usc/42/3002.md?p=7) may require, the [State agency](/usc/42/3002.md?p=52) shall prepare and submit to the [Assistant Secretary](/usc/42/3002.md?p=7) a report evaluating the impact of the waiver on the operation and effectiveness of [programs](/usc/42/3056p.md?p=a-7) and services provided under this subchapter.

## Source credit

(Pub. L. 89–73, title III, § 316, as added Pub. L. 106–501, title III, § 310, Nov. 13, 2000, 114 Stat. 2249.)

## Notes

### Editorial Notes

### Codification

Pub. L. 106–501, § 310, which directed the addition of this section at the end of Part A of title III (42 U.S.C. 3021 et seq.), was executed by adding this section at the end of Part A of title III of the Older Americans Act of 1965 to reflect the probable intent of Congress.