[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1002 Considered and Passed Senate (CPS)]







110th CONGRESS
  1st Session
                                S. 1002

     To amend the Older Americans Act of 1965 to reinstate certain 
    provisions relating to the nutrition services incentive program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 27, 2007

  Mr. Kennedy (for himself, Mr. Enzi, and Mr. Roberts) introduced the 
following bill; which was read twice, considered, read the third time, 
                               and passed

_______________________________________________________________________

                                 A BILL


 
     To amend the Older Americans Act of 1965 to reinstate certain 
    provisions relating to the nutrition services incentive program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Older Americans Reauthorization 
Technical Corrections Act''.

SEC. 2. NUTRITION SERVICES INCENTIVE PROGRAM.

    Section 311 of the Older Americans Act of 1965 (42 U.S.C. 3030a), 
as amended by section 309 of the Older Americans Act Amendments of 
2006, is further amended--
            (1) by striking subsection (b)(3);
            (2) by striking subsection (d) and inserting the following:
    ``(d)(1) Each State agency and each title VI grantee shall be 
entitled to use all or any part of amounts allotted under subsection 
(b) to obtain, subject to paragraphs (2) and (3), from the Secretary of 
Agriculture commodities available through any food program of the 
Department of Agriculture at the rates at which such commodities are 
valued for purposes of such program.
    ``(2) The Secretary of Agriculture shall determine and report to 
the Secretary, by such date as the Secretary may require, the amount 
(if any) of its allotment under subsection (b) which each State agency 
and title VI grantee has elected to receive in the form of commodities. 
Such amount shall include an amount bearing the same ratio to the costs 
to the Secretary of Agriculture of providing such commodities under 
this subsection as the value of commodities received by such State 
agency or title VI grantee under this subsection bears to the total 
value of commodities so received.
    ``(3) From the allotment under subsection (b) for each State agency 
and title VI grantee, the Secretary shall transfer funds to the 
Secretary of Agriculture for the costs of commodities received by such 
State agency or grantee, and expenses related to the procurement of the 
commodities on behalf of such State agency or grantee, under this 
subsection, and shall then pay the balance (if any) to such State 
agency or grantee. The amount of funds transferred for the expenses 
related to the procurement of the commodities shall be mutually agreed 
on by the Secretary and the Secretary of Agriculture. The transfer of 
funds for the costs of the commodities and the related expenses shall 
occur in a timely manner after the Secretary of Agriculture submits the 
corresponding report described in paragraph (2), and shall be subject 
to the availability of appropriations. Amounts received by the 
Secretary of Agriculture pursuant to this section to make commodity 
purchases for a fiscal year for a State agency or title VI grantee 
shall remain available, only for the next fiscal year, to make 
commodity purchases for that State agency or grantee pursuant to this 
section.
    ``(4) Each State agency and title VI grantee shall promptly and 
equitably disburse amounts received under this subsection to recipients 
of grants and contracts. Such disbursements shall only be used by such 
recipients of grants or contracts to purchase domestically produced 
foods for their nutrition projects.
    ``(5) Nothing in this subsection shall be construed to require any 
State agency or title VI grantee to elect to receive cash payments 
under this subsection.''; and
            (3) by striking subsection (f) and inserting the following:
    ``(f) In each fiscal year, the Secretary and the Secretary of 
Agriculture shall jointly disseminate to State agencies, title VI 
grantees, area agencies on aging, and providers of nutrition services 
assisted under this title, information concerning the foods available 
to such State agencies, title VI grantees, area agencies on aging, and 
providers under subsection (c).''.

SEC. 3. EFFECTIVE DATE.

    (a) In General.--The amendments made by section 2 shall take effect 
beginning with fiscal year 2008.
    (b) Application Process.--Effective on the date of enactment of 
this Act, the Secretary of Agriculture shall take such actions as will 
enable State agencies and title VI grantees described in section 311 of 
the Older Americans Act of 1965 (42 U.S.C. 3030a) to apply during 
fiscal year 2007 for allotments under such section for fiscal year 
2008.
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