121 STAT. 84 PUBLIC LAW 110–19—APR. 23, 2007

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.

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

Reports.

Older Americans

Reauthorization

Technical

Corrections Act.

42 USC 3001

note.

Apr. 23, 2007

[S. 1002]

PUBLIC LAW 110–19—APR. 23, 2007 121 STAT. 85

LEGISLATIVE HISTORY—S. 1002:

CONGRESSIONAL RECORD, Vol. 153 (2007):

Mar. 27, considered and passed Senate.

Mar. 28, considered and passed House.

Æ

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.

Approved April 23, 2007.

42 USC 3030a

note.