42 U.S.C. § 3030A

Section 3030a · Nutrition services incentive program

Current version, with additions and removals from the April 23, 2007 version.

Current — March 25, 2020

As of April 23, 2007

(a) Purpose

The purpose of this section is to provide incentives to encourage and reward effective performance by States and tribal organizations in the efficient delivery of nutritious meals to older individuals.

(b) Allotment and provision and payment

(1) The Secretary shall allot and provide, in accordance with this section, to or on behalf of each State agency with a plan approved under this subchapter for a fiscal year, and to or on behalf of each grantee with an application approved under subchapter X ~~of this chapter~~ for such fiscal year, an amount bearing the same ratio to the total amount appropriated for such fiscal year under subsection (e) ~~of this section~~ as the number of meals served in the State under such plan approved for the preceding fiscal year (or the number of meals served by the title VI [subchapter X] grantee, under such application approved for such preceding fiscal year), bears to the total number of such meals served in all States and by all title VI [subchapter X] grantees under all such plans and applications approved for such preceding fiscal year.

(1) The Secretary shall allot and provide, in accordance with this section, to or on behalf of each State agency with a plan approved under this subchapter for a fiscal year, and to or on behalf of each grantee with an application approved under subchapter X for such fiscal year, an amount bearing the same ratio to the total amount appropriated for such fiscal year under subsection (e) as the number of meals served in the State under such plan approved for the preceding fiscal year (or the number of meals served by the title VI [subchapter X] grantee, under such application approved for such preceding fiscal year), bears to the total number of such meals served in all States and by all title VI [subchapter X] grantees under all such plans and applications approved for such preceding fiscal year.

(2) For purposes of paragraph (1), in the case of a grantee that has an application approved under subchapter X ~~of this chapter~~ for a fiscal year but that did not receive assistance under this section for the preceding fiscal year, the number of meals served by the title VI [subchapter X] grantee for the preceding fiscal year shall be deemed to equal the number of meals that the Assistant Secretary estimates will be served by the title VI [subchapter X] grantee in the fiscal year for which the application was approved.

(2) For purposes of paragraph (1), in the case of a grantee that has an application approved under subchapter X for a fiscal year but that did not receive assistance under this section for the preceding fiscal year, the number of meals served by the title VI [subchapter X] grantee for the preceding fiscal year shall be deemed to equal the number of meals that the Assistant Secretary estimates will be served by the title VI [subchapter X] grantee in the fiscal year for which the application was approved.

(1) Agricultural commodities (including bonus 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 (including bonus 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 (including bonus commodities) 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) Among the commodities provided under this subsection, the Secretary of Agriculture shall give special emphasis to foods of high nutritional value to support the health of older individuals. The Secretary of Agriculture, in consultation with the Assistant Secretary, is authorized to prescribe the terms and conditions respecting the provision of commodities under this subsection.

(d) Option to obtain commodities from Secretary of Agriculture

(1) Each State agency and each title VI [subchapter X] 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 [subchapter X] 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 [subchapter X] 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 [subchapter X] 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 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 [subchapter X] 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 [subchapter X] 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 [subchapter X] grantee to elect to receive cash payments under this subsection.

(e) Authorization of appropriations

There are authorized to be appropriated to carry out this section (other than subsection ~~(c)(1) of this section) such sums as may be necessary~~ for fiscal year ~~2007~~ and ~~such sums as may be necessary~~ for ~~each of the 4 succeeding~~ fiscal ~~years.~~

There are authorized to be appropriated to carry out this section (other than subsection (c)(1)) $171,273,830 for fiscal year 2020, $181,550,260 for fiscal year 2021, $192,443,275 for fiscal year 2022, $203,989,872 for fiscal year 2023, and $216,229,264 for fiscal year 2024.

(f) Dissemination of information

In each fiscal year, the Secretary and the Secretary of Agriculture shall jointly disseminate to State agencies, title VI [subchapter X] grantees, area agencies on aging, and providers of nutrition services assisted under this subchapter, information concerning the foods available to such State agencies, title VI [subchapter X] grantees, area agencies on aging, and providers under subsection (c).

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Versions

Mar 25, 2020 – presentcurrentviewing
Annual edition
Subsec. (e). Pub. L. 116–131 amended subsec. (e) generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out this section (other than subsection (c)(1)) $164,055,664 for fiscal year 2017, $167,486,502 for fiscal year 2018, and $170,917,349 for fiscal year 2019.”
▸ what changed
Source credit
Pub. L. 116–131, title II, § 203(b), Mar. 25, 2020, 134 Stat. 255.
Apr 19, 2016 – Mar 25, 2020
OLRC release point
Subsec. (e). Pub. L. 114–144, which directed substitution of “$164,055,664 for fiscal year 2017, $167,486,502 for fiscal year 2018, and $170,917,349 for fiscal year 2019.” for “such sums” and all that followed through the period at the end, was executed by making the substitution for “such sums as may be necessary for fiscal year 2007 and such sums as may be necessary for each of the 4 succeeding fiscal years.” to reflect the probable intent of Congress.
▸ what changed changes vs current →
Source credit
Pub. L. 114–144, § 4(f), Apr. 19, 2016, 130 Stat. 339
Apr 23, 2007 – Apr 19, 2016
Annual edition
Subsec. (b)(3). Pub. L. 110–19, § 2(1), struck out par. (3) which read as follows: “State agencies that elect to make grants and enter into contracts for purposes of this section shall promptly and equitably disburse amounts received under this subsection to the recipients of the grants and contracts.”
▸ what changed changes vs current →
Source credit
Pub. L. 110–19, § 2, Apr. 23, 2007, 121 Stat. 84
Oct 17, 2006 – Apr 23, 2007
Annual edition
Subsec. (b)(3). Pub. L. 109–365, § 309(1), added par. (3).
▸ what changed changes vs current →
Source credit
Pub. L. 109–365, title III, § 309, Oct. 17, 2006, 120 Stat. 2545
Feb 20, 2003 – Oct 17, 2006
Annual edition
Subsec. (b). Pub. L. 108–7, § 217(a)(1)(A), substituted “and payment” for “of cash or commodities” in heading that had been supplied editorially.
▸ what changed changes vs current →
Source credit
Pub. L. 108–7, div. G, title II, § 217(a), Feb. 20, 2003, 117 Stat. 325
Nov 13, 2000 – Feb 20, 2003
Annual edition
Pub. L. 106–501, § 309(1), in section catchline substituted “Nutrition services incentive program” for “Availability of surplus commodities”.
▸ what changed changes vs current →
Source credit
Pub. L. 106–501, title III, § 309, Nov. 13, 2000, 114 Stat. 2246
Dec 2, 1993 – Nov 13, 2000
Annual edition
Subsec. (a)(4)(B). Pub. L. 103–171 substituted “Assistant Secretary for Aging” for “Commissioner”.
changes vs current →
Source credit
Pub. L. 103–171, § 3(a)(6), Dec. 2, 1993, 107 Stat. 1990
Sep 30, 1992 – Dec 2, 1993
Amended · full text not held
Subsec. (a)(4). Pub. L. 102–375, § 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).
Source credit
Pub. L. 102–375, title I, § 102(b)(10)(A), title III, § 310, Sept. 30, 1992, 106 Stat. 1202, 1236
Nov 29, 1987 – Sep 30, 1992
Amended · full text not held
Subsec. (a)(4). Pub. L. 100–175, § 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.”
Source credit
Pub. L. 100–175, title I, § 122(c), Nov. 29, 1987, 101 Stat. 933
Apr 1, 1986 – Nov 29, 1987
Amended · full text not held
Subsec. (a)(4). Pub. L. 99–269, § 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”.
Source credit
Pub. L. 99–269, §§ 2, 3(b), 4, Apr. 1, 1986, 100 Stat. 78
Oct 9, 1984 – Apr 1, 1986
Amended · full text not held
Subsec. (a)(4). Pub. L. 98–459, § 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”.
Source credit
Pub. L. 98–459, title III, § 310, Oct. 9, 1984, 98 Stat. 1779
Dec 29, 1981 – Oct 9, 1984
Amended · full text not held
Subsec. (a)(4). Pub. L. 97–115, § 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.
Source credit
amended Pub. L. 97–115, § 9, Dec. 29, 1981, 95 Stat. 1600
Oct 18, 1978 – Dec 29, 1981
Enacted · full text not held
Source credit
Pub. L. 89–73, title III, § 311, as added Pub. L. 95–478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1533

See all changes since 1993 → current

Every enactment and amendment in this section's credit is listed. Full text is shown for versions back to 1993; earlier amendments are recorded by date and act, without pre-1994 full text.

Practice areas using this title

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Part of

Civil Rights Act of 1991 (CRA 1991)
Overrode several restrictive Supreme Court decisions and expanded damages (including compensatory and punitive) under Title VII and other anti-discrimination statutes.
42 U.S.C. (amends Title VII and other anti-discrimination statutes)