[United States Statutes at Large, Volume 121, 110th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

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 85]]
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.