I 

110TH CONGRESS 

1ST SESSION S. 1002 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 27, 2007 

Referred to the Committee on Education and Labor 

AN ACT 

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’’. 


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1 SEC. 2. NUTRITION SERVICES INCENTIVE PROGRAM. 

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

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

4 Americans Act Amendments of 2006, is further amend5 ed— 

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

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

8 following: 

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

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

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

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

13 available through any food program of the Department of 

14 Agriculture at the rates at which such commodities are 

15 valued for purposes of such program. 

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

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

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

19 subsection (b) which each State agency and title VI grant20 ee has elected to receive in the form of commodities. Such 

21 amount shall include an amount bearing the same ratio 

22 to the costs to the Secretary of Agriculture of providing 

23 such commodities under this subsection as the value of 

24 commodities received by such State agency or title VI 

25 grantee under this subsection bears to the total value of 

26 commodities so received. 


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

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

3 transfer funds to the Secretary of Agriculture for the costs 

4 of commodities received by such State agency or grantee, 

5 and expenses related to the procurement of the commod6 ities on behalf of such State agency or grantee, under this 

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

8 State agency or grantee. The amount of funds transferred 

9 for the expenses related to the procurement of the com10 modities shall be mutually agreed on by the Secretary and 

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

12 costs of the commodities and the related expenses shall 

13 occur in a timely manner after the Secretary of Agri14 culture submits the corresponding report described in 

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

16 appropriations. Amounts received by the Secretary of Ag17 riculture pursuant to this section to make commodity pur18 chases for a fiscal year for a State agency or title VI 

19 grantee shall remain available, only for the next fiscal 

20 year, to make commodity purchases for that State agency 

21 or grantee pursuant to this section. 

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

23 promptly and equitably disburse amounts received under 

24 this subsection to recipients of grants and contracts. Such 

25 disbursements shall only be used by such recipients of 


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1 grants or contracts to purchase domestically produced 

2 foods for their nutrition projects. 

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

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

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

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

7 following: 

8 ‘‘(f) In each fiscal year, the Secretary and the Sec9 retary of Agriculture shall jointly disseminate to State 

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

11 providers of nutrition services assisted under this title, in12 formation concerning the foods available to such State 

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

14 providers under subsection (c).’’. 

15 SEC. 3. EFFECTIVE DATE. 

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

17 2 shall take effect beginning with fiscal year 2008. 

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

19 enactment of this Act, the Secretary of Agriculture shall 

20 take such actions as will enable State agencies and title 

21 VI grantees described in section 311 of the Older Ameri22 cans Act of 1965 (42 U.S.C. 3030a) to apply during fiscal 


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1 year 2007 for allotments under such section for fiscal year 

2 2008. 

Passed the Senate March 27, 2007. 

Attest: NANCY ERICKSON, 

Secretary. 


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