
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-501 Section 309]
[CITE: 42USC3030a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 35--PROGRAMS FOR OLDER AMERICANS
 
    SUBCHAPTER III--GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING
 
                       Part A--General Provisions
 
Sec. 3030a. Availability of surplus commodities


(a) Donation of products; amount of assistance

    (1) Agricultural commodities and products purchased by the Secretary 
of Agriculture under section 612c of title 7, shall be donated to a 
recipient of a grant or contract to be used for providing nutrition 
services in accordance with the provisions of this subchapter.
    (2) The Commodity Credit Corporation shall dispose of food 
commodities under section 1431 of title 7 by donating them to a 
recipient of a grant or contract to be used for providing nutrition 
services in accordance with the provisions of this subchapter.
    (3) Dairy products purchased by the Secretary of Agriculture under 
section 1446a-1 of title 7 shall be used to meet the requirements of 
programs providing nutrition services in accordance with the provisions 
of this subchapter.
    (4)(A) Subject to the authorization of appropriations specified in 
subsection (c) of this section, in donating commodities under this 
subsection, the Secretary of Agriculture shall maintain--
        (i) for fiscal year 1992, a level of assistance equal to the 
    greater of--
            (I) a per meal rate equal to the amount appropriated under 
        subsection (c) of this section for fiscal year 1992, divided by 
        the number of meals served in the preceding fiscal year; or
            (II) 61 cents per meal; and

        (ii) for fiscal year 1993 and each subsequent fiscal year, an 
    annually programmed level of assistance equal to the greater of--
            (I) a per meal rate equal to the amount appropriated under 
        subsection (c) of this section for the fiscal year, divided by 
        the number of meals served in the preceding fiscal year; or
            (II) 61 cents per meal, adjusted in accordance with changes 
        in the series for food away from home, of the Consumer Price 
        Index For All Urban Consumers, published by the Bureau of Labor 
        Statistics of the Department of Labor, based on the 12-month 
        period ending on July 1 of the preceding year.

    (B) Among the commodities delivered under this subsection, the 
Secretary shall give special emphasis to high protein foods, meat, and 
meat alternates. The Secretary of Agriculture, in consultation with the 
Assistant Secretary for Aging, is authorized to prescribe the terms and 
conditions respecting the donating of commodities under this subsection.

(b) Cash payments in lieu of food commodities

    (1) Notwithstanding any other provision of law, a State may, for 
purposes of the programs authorized by this chapter, elect to receive 
cash payments in lieu of donated foods for all or any portion of its 
project. In any case in which a State makes such an election, the 
Secretary of Agriculture shall make cash payments to such State in an 
amount equivalent in value to the donated foods which the State 
otherwise would have received if such State had retained its commodity 
distribution.
    (2) When such payments are made, the State agency shall promptly and 
equitably disburse any cash it receives in lieu of commodities to 
recipients of grants or contracts. Such disbursements shall only be used 
by such recipients of grants or contracts to purchase United States 
agricultural commodities and other foods for their nutrition projects.
    (3) Nothing in this subsection shall be construed to authorize the 
Secretary of Agriculture to require any State to elect to receive cash 
payments under this subsection.

(c) Authorization of appropriations; final reimbursement claims; 
        reduction of cents-per-meal level

    (1)(A) There are authorized to be appropriated $250,000,000 for 
fiscal year 1992, $310,000,000 for fiscal year 1993, $380,000,000 for 
fiscal year 1994, and $460,000,000 for fiscal year 1995, to carry out 
the provisions of this section (other than subsection (a)(1) of this 
section).
    (B) Effective on the first day of the first month beginning after 
October 9, 1984, no State may receive reimbursement under the provisions 
of this section unless the State submits final reimbursement claims for 
meals within 90 days after the last day of the quarter for which the 
reimbursement is claimed.
    (2)(A) Except as provided in subparagraph (B), in any fiscal year in 
which compliance with subsection (a)(4) of this section costs more than 
the amounts authorized under paragraph (1) of this subsection for that 
fiscal year the Secretary of Agriculture shall reduce the cents per meal 
level determined pursuant to subsection (a)(4) of this section for that 
fiscal year as necessary to meet the authorization of appropriations for 
that fiscal year.
    (B) In each fiscal year, the final reimbursement claims shall be 
adjusted to use the full amount appropriated under this subsection for 
the fiscal year.

(d) Dissemination of information

    In each fiscal year, the Secretary of Agriculture and the Secretary 
of Health and Human Services shall jointly disseminate to State 
agencies, area agencies on aging, and providers of nutrition services 
assisted under this subchapter, information concerning--
        (1) the existence of any Federal commodity processing program in 
    which such State agencies, area agencies on aging, and providers may 
    be eligible to participate; and
        (2) the procedures to be followed to participate in the program.

(Pub. L. 89-73, title III, Sec. 311, as added Pub. L. 95-478, title I, 
Sec. 103(b), Oct. 18, 1978, 92 Stat. 1533; amended Pub. L. 97-115, 
Sec. 9, Dec. 29, 1981, 95 Stat. 1600; Pub. L. 98-459, title III, 
Sec. 310, Oct. 9, 1984, 98 Stat. 1779; Pub. L. 99-269, Secs. 2, 3(b), 4, 
Apr. 1, 1986, 100 Stat. 78; Pub. L. 100-175, title I, Sec. 122(c), Nov. 
29, 1987, 101 Stat. 933; Pub. L. 102-375, title I, Sec. 102(b)(10)(A), 
title III, Sec. 310, Sept. 30, 1992, 106 Stat. 1202, 1236; Pub. L. 103-
171, Sec. 3(a)(6), Dec. 2, 1993, 107 Stat. 1990.)


                               Amendments

    1993--Subsec. (a)(4)(B). Pub. L. 103-171 substituted ``Assistant 
Secretary for Aging'' for ``Commissioner''.
    1992--Subsec. (a)(4). Pub. L. 102-375, Sec. 310(1), designated 
existing provisions as subpars. (A) and (B) and, in subpar. (A), 
substituted ``shall maintain--'' for ``shall maintain an annually 
programmed level of assistance of not less than 56.76 cents per meal 
during fiscal years 1986 through 1991.'' and added cls. (i) and (ii).
    Subsec. (c)(1)(A). Pub. L. 102-375, Sec. 310(2)(A), substituted 
``$250,000,000 for fiscal year 1992, $310,000,000 for fiscal year 1993, 
$380,000,000 for fiscal year 1994, and $460,000,000 for fiscal year 
1995'' for ``$151,000,000 for the fiscal year 1988, $166,000,000 for the 
fiscal year 1989, $183,000,000 for the fiscal year 1990, and 
$201,000,000 for the fiscal year 1991''.
    Subsec. (c)(2). Pub. L. 102-375, Sec. 310(2)(B), designated existing 
provisions as subpar. (A), substituted ``Except as provided in 
subparagraph (B), in'' for ``In'', and added subpar. (B).
    Subsec. (d)(1). Pub. L. 102-375, Sec. 102(b)(10)(A), substituted 
``area agencies on aging'' for ``area agencies''.
    1987--Subsec. (a)(4). Pub. L. 100-175, Sec. 122(c)(1), substituted 
``fiscal years 1986 through 1991'' for ``fiscal year 1986 and during 
each fiscal year thereafter'' and struck out after first sentence ``The 
amount specified in this paragraph shall be adjusted on an annual basis 
for each fiscal year after September 30, 1986, to reflect changes in the 
series for food away from home of the Consumer Price Index for All Urban 
Consumers published by the Bureau of Labor Statistics of the Department 
of Labor. Such adjustment shall be computed to the nearest one-fourth 
cent.''
    Subsec. (c)(1)(A). Pub. L. 100-175, Sec. 122(c)(2), amended subpar. 
(A) generally. Prior to amendment, subpar. (A) read as follows:
    ``(i) There are authorized to be appropriated $144,000,000 for 
fiscal year 1986 and $144,000,000 for fiscal year 1987 to carry out this 
section (other than subsection (a)(1) of this section).
    ``(ii) The provisions of the second and third sentences of 
subsection (a)(4) of this section shall not apply for fiscal years 1986 
and 1987.''
    1986--Subsec. (a)(4). Pub. L. 99-269, Sec. 2, substituted ``56.76 
cents per meal during fiscal year 1986 and during'' for ``15 cents per 
meal during fiscal year 1976, 25 cents per meal during fiscal year 1977 
and fiscal year 1978, and 30 cents per meal for'' and ``September 30, 
1986'' for ``June 30, 1975''.
    Subsec. (c)(1)(A). Pub. L. 99-269, Sec. 3(b), amended subpar. (A) 
generally. Prior to amendment, subpar. (A) read as follows: ``There are 
authorized to be appropriated $105,000,000 for fiscal year 1984, 
$120,800,000 for fiscal year 1985, $125,900,000 for fiscal year 1986, 
and $132,000,000 for fiscal year 1987, to carry out the provisions of 
this section (other than the provisions of subsection (a)(1) of this 
section) and such additional sums as may be necessary for each such 
fiscal year to maintain the level of reimbursement for the number of 
meals served under such provisions in fiscal year 1983.''
    Subsec. (d). Pub. L. 99-269, Sec. 4, added subsec. (d).
    1984--Subsec. (a)(4). Pub. L. 98-459, Sec. 310(a)(1), (2), 
substituted ``subsection (c) of this section'' for ``subsection (d) of 
this section'' and ``Consumer Price Index for All Urban Consumers'' for 
``Consumer Price Index''.
    Subsec. (c). Pub. L. 98-459, Sec. 310(b)(1), which directed the 
amendment of this section by redesignating subsec. (d)(1) as (c)(1), was 
executed by redesignating subsec. (d) as (c) to reflect the probable 
intent of Congress.
    Subsec. (c)(1). Pub. L. 98-459, Sec. 310(b)(2), (3), inserted 
``(A)'' after paragraph designation, struck out therein provisions 
authorizing appropriations of $93,200,000 for fiscal year 1982 and 
$100,000,000 for fiscal year 1983, inserted provisions authorizing 
appropriations of $120,800,000 for fiscal year 1985, $125,900,000 for 
fiscal year 1986, and $132,000,000 for fiscal year 1987, substituted 
``fiscal year 1983'' for ``fiscal year 1981'' at the end, and added 
subpar. (B).
    Subsec. (c)(2). Pub. L. 98-459, Sec. 310(b)(4), substituted 
``appropriations'' for ``appropriation''.
    Subsec. (d). Pub. L. 98-459, Sec. 310(b)(1), redesignated subsec. 
(d) as (c). See 1984 Amendment note for subsec. (c) above.
    1981--Subsec. (a)(4). Pub. L. 97-115, Sec. 9(a), substituted 
``Subject to the authorization of appropriations specified in subsection 
(d) of this section, in donating'' and ``30 cents per meal for each 
fiscal year thereafter'' for ``In donating'' and ``30 cents per meal 
during the three succeeding fiscal years'', respectively.
    Subsecs. (b), (c). Pub. L. 97-115, Sec. 9(b), redesignated subsec. 
(c) as (b). Former subsec. (b), providing for the purchase, during 
fiscal years ending before Oct. 1, 1981, of high protein foods, meats, 
and meat alternatives by the Secretary of Agriculture for distribution 
to recipients of grants or contracts to be used for providing nutrition 
services in accordance with the provisions of this subchapter, was 
struck out.
    Subsec. (d). Pub. L. 97-115, Sec. 9(c), added subsec. (d).


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-175 effective Oct. 1, 1987, except not 
applicable with respect to any area plan submitted under section 3026(a) 
of this title or any State plan submitted under section 3027(a) of this 
title and approved for any fiscal year beginning before Nov. 29, 1987, 
see section 701(a), (b) of Pub. L. 100-175, set out as a note under 
section 3001 of this title.


                    Effective Date of 1986 Amendment

    Section 5 of Pub. L. 99-269 provided that: ``This Act and the 
amendments made by this Act [amending this section and enacting 
provisions set out as notes under this section and section 3001 of this 
title] shall take effect on October 1, 1985.''


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-459 effective Oct. 9, 1984, see section 
803(a) of Pub. L. 98-459, set out as a note under section 3001 of this 
title.


                             Effective Date

    Section effective at close of Sept. 30, 1978, see section 504 of 
Pub. L. 95-478, set out as an Effective Date of 1978 Amendment note 
under section 3001 of this title.


  Establishment of Maximum Rate of Reimbursement to States for Meals; 
                          Availability of Funds

    Pub. L. 104-37, title IV, Oct. 21, 1995, 109 Stat. 324, provided in 
part: ``That hereafter notwithstanding any other provision of law, for 
meals provided pursuant to the Older Americans Act of 1965 [42 U.S.C. 
3001 et seq.], a maximum rate of reimbursement to States will be 
established by the Secretary, subject to reduction if obligations would 
exceed the amount of available funds, with any unobligated funds to 
remain available only for obligation in the fiscal year beginning 
October 1, 1996.''


                     Authorization of Appropriations

    Section 3(a) of Pub. L. 99-269 provided that: ``There is authorized 
to be appropriated $127,800,000 for fiscal year 1985, in order to 
provide reimbursement at the level of 56.76 cents per meal during fiscal 
year 1985, determined under section 311(a)(4) of the Older Americans Act 
of 1965 (42 U.S.C. 3030a(a)(4)), for meals served under section 311 of 
such Act in such fiscal year. For purposes of subsections (a) and (b) of 
section 311 of such Act, the sum authorized to be appropriated by this 
subsection shall be deemed to have been authorized to be appropriated 
for fiscal year 1985 by section 311(c)(1) of such Act. For purposes of 
section 311(c)(1)(B) of such Act, the date of the enactment of this Act 
shall be deemed to be the last day of each quarter of fiscal year 1985 
for which reimbursement is claimed.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1762a, 3017, 3030g-22 of 
this title; title 7 section 1431e.
