S. 1002

One Hundred Tenth Congress

of the

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Thursday, 

the fourth day of January, two thousand and seven 

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 
S. 1002—2

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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.