[Congressional Record (Bound Edition), Volume 153 (2007), Part 6]
[Senate]
[Pages 7917-7918]
[From the U.S. Government Publishing Office, www.gpo.gov]




       OLDER AMERICANS REAUTHORIZATION TECHNICAL CORRECTIONS ACT

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 1002 submitted earlier 
today.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1002) to amend the Older Americans Act of 1965 
     to reinstate certain provisions relating to the nutrition 
     services incentive program.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. KENNEDY. Mr. President, the Older Americans Technical Corrections 
Act of 2007 that I introduced today with Senator Enzi and Senator 
Roberts will restore States' ability to obtain Department of 
Agriculture commodities under the Nutrition Services Incentive Program. 
Through this program seniors obtain their meals through organizations 
in the community such as Meals on Wheels.
  Last year, during the Older Americans Act Reauthorization 
negotiations, the Department of Agriculture asked Congress to make a 
change to this program. It was not made clear to us at the time that, 
under this change, States could not continue to receive commodities 
through the Department of Agriculture.
  Without this correction, thousands of seniors in Massachusetts and a 
number of other States will be affected. Department of Agriculture 
commodities are much less expensive than what States can purchase on 
the commercial market and are of higher quality. And they're less 
expensive. The State distributing agency in Massachusetts has 
calculated that purchasing similar commodities would cost $1 million 
more a year which would lead to 500,000 fewer meals served.
  Six States in addition to Massachusetts have been obtaining USDA 
commodities for several years. The program is especially important to 
our States, to their partners, and to the seniors who obtain their 
meals through this program.
  I urge our colleagues in both the Senate and the House to pass this 
legislation without delay.
  Mr. REID. Mr. President, I ask unanimous consent that the bill be 
read the third time and passed, the motion to reconsider be laid upon 
the table, and any statements relating to this matter be printed in the 
Record, with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1002) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 1002

       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

[[Page 7918]]

     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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