[110th Congress Public Law 19]
[From the U.S. Government Printing Office]


[DOCID: f:publ019.110]

[[Page 121 STAT. 84]]

Public Law 110-19
110th Congress

                                 An Act


 
To amend the Older Americans Act of 1965 to reinstate certain provisions 
 relating to the nutrition services incentive program. <<NOTE: Apr. 23, 
                          2007 -  [S. 1002]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Older Americans 
Reauthorization Technical Corrections Act. 42 USC 3001 
note.>> 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) <<NOTE: Reports.>> 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

[[Page 121 STAT. 85]]

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. <<NOTE: 42 USC 3030a note.>> 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.

    Approved April 23, 2007.

LEGISLATIVE HISTORY--S. 1002:
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CONGRESSIONAL RECORD, Vol. 153 (2007):
            Mar. 27, considered and passed Senate.
            Mar. 28, considered and passed House.

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