II 

110TH CONGRESS 

1ST SESSION S. 1002 

To amend the Older Americans Act of 1965 to reinstate certain provisions 

relating to the nutrition services incentive program. 

IN THE SENATE OF THE UNITED STATES 

MARCH 27, 2007 

Mr. KENNEDY (for himself, Mr. ENZI, and Mr. ROBERTS) introduced the following bill; which was read twice, considered, read the third time, and 

passed 

A BILL 

To amend the Older Americans Act of 1965 to reinstate 

certain provisions relating to the nutrition services incentive program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Older Americans Reau5 thorization Technical Corrections Act’’. 

6 SEC. 2. NUTRITION SERVICES INCENTIVE PROGRAM. 

7 Section 311 of the Older Americans Act of 1965 (42 

8 U.S.C. 3030a), as amended by section 309 of the Older 


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1 Americans Act Amendments of 2006, is further amend2 ed— 

3 (1) by striking subsection (b)(3); 

4 (2) by striking subsection (d) and inserting the 

5 following: 

6 ‘‘(d)(1) Each State agency and each title VI grantee 

7 shall be entitled to use all or any part of amounts allotted 

8 under subsection (b) to obtain, subject to paragraphs (2) 

9 and (3), from the Secretary of Agriculture commodities 

10 available through any food program of the Department of 

11 Agriculture at the rates at which such commodities are 

12 valued for purposes of such program. 

13 ‘‘(2) The Secretary of Agriculture shall determine 

14 and report to the Secretary, by such date as the Secretary 

15 may require, the amount (if any) of its allotment under 

16 subsection (b) which each State agency and title VI grant17 ee has elected to receive in the form of commodities. Such 

18 amount shall include an amount bearing the same ratio 

19 to the costs to the Secretary of Agriculture of providing 

20 such commodities under this subsection as the value of 

21 commodities received by such State agency or title VI 

22 grantee under this subsection bears to the total value of 

23 commodities so received. 

24 ‘‘(3) From the allotment under subsection (b) for 

25 each State agency and title VI grantee, the Secretary shall 


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1 transfer funds to the Secretary of Agriculture for the costs 

2 of commodities received by such State agency or grantee, 

3 and expenses related to the procurement of the commod4 ities on behalf of such State agency or grantee, under this 

5 subsection, and shall then pay the balance (if any) to such 

6 State agency or grantee. The amount of funds transferred 

7 for the expenses related to the procurement of the com8 modities shall be mutually agreed on by the Secretary and 

9 the Secretary of Agriculture. The transfer of funds for the 

10 costs of the commodities and the related expenses shall 

11 occur in a timely manner after the Secretary of Agri12 culture submits the corresponding report described in 

13 paragraph (2), and shall be subject to the availability of 

14 appropriations. Amounts received by the Secretary of Ag15 riculture pursuant to this section to make commodity pur16 chases for a fiscal year for a State agency or title VI 

17 grantee shall remain available, only for the next fiscal 

18 year, to make commodity purchases for that State agency 

19 or grantee pursuant to this section. 

20 ‘‘(4) Each State agency and title VI grantee shall 

21 promptly and equitably disburse amounts received under 

22 this subsection to recipients of grants and contracts. Such 

23 disbursements shall only be used by such recipients of 

24 grants or contracts to purchase domestically produced 

25 foods for their nutrition projects. 


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1 ‘‘(5) Nothing in this subsection shall be construed to 

2 require any State agency or title VI grantee to elect to 

3 receive cash payments under this subsection.’’; and 

4 (3) by striking subsection (f) and inserting the 

5 following: 

6 ‘‘(f) In each fiscal year, the Secretary and the Sec7 retary of Agriculture shall jointly disseminate to State 

8 agencies, title VI grantees, area agencies on aging, and 

9 providers of nutrition services assisted under this title, in10 formation concerning the foods available to such State 

11 agencies, title VI grantees, area agencies on aging, and 

12 providers under subsection (c).’’. 

13 SEC. 3. EFFECTIVE DATE. 

14 (a) IN GENERAL.—The amendments made by section 

15 2 shall take effect beginning with fiscal year 2008. 

16 (b) APPLICATION PROCESS.—Effective on the date of 

17 enactment of this Act, the Secretary of Agriculture shall 

18 take such actions as will enable State agencies and title 

19 VI grantees described in section 311 of the Older Ameri20 cans Act of 1965 (42 U.S.C. 3030a) to apply during fiscal 

21 year 2007 for allotments under such section for fiscal year 

22 2008. 

Æ 


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