Pub. L. 108-7, div. G, tit. II, sec. 217

Sec. 217. (a) Section 311 of the Older Americans Act of 1965 (42 U.S.C. 3030a) is amended—(1) in subsection (b)—(A) in the caption, by striking “of cash or commodities” and inserting “and payment”; and(B) in paragraph (1)—(i) by striking “The Secretary of Agriculture shall allot and provide in the form of cash or commodities or a combination thereof (at the discretion of the State) to each State agency” and inserting “The Secretary shall allot and provide, in accordance with this section, to or on behalf of each State agency”; and(ii) by striking “to each grantee” and inserting “to or on behalf of each grantee”; and(2) in subsection (d)—(A) in the caption, to read as follows: “Option to obtain commodities from Secretary of Agriculture”;(B) in paragraph (1), to read as follows: “Each State agency and each grantee under title VI shall be entitled to use all or any part of amounts allotted under subsection (b) to obtain from the Secretary of Agriculture commodities available through any Federal food commodity processing program, at the rates at which such commodities are valued for purposes of such program.”;(C) by redesignating paragraphs (2) and (4) as paragraphs (4) and (5), respectively;(D) by striking paragraph (3);(E) by adding after paragraph (1) the following new paragraphs:“(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 117 STAT. 326 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 first reimburse the Secretary of Agriculture for costs of commodities received by such State agency or grantee under this subsection, and shall then pay the balance (if any) to such State agency or grantee.”;(F) in paragraph (4), as redesignated, in the first sentence, to read as follows: “Each State agency shall promptly and equitably disburse amounts received under this subsection to recipients of grants and contracts.”; and(G) in paragraph (5), as redesignated, by striking “donation” and inserting “provision”.