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42 U.S.C. § 3030a — Nutrition services incentive program
Federal law — U.S. Code and appendices · legal_authorities
**(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 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 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.
**(c) Donation of products**
(1) Agricultural commodities (including bonus commodities) and products purchased by the Secretary of Agriculture under [section 612c of title 7](https://uscode.house.gov/view.xhtml?req=gr
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Source file: Laws/federal/codes/united-states-code/title-42/section-3030a-nutrition-services-incentive-program--54509e6dc5.md
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Source location: Title 42, Chapter 35, § 3030a; chapter-035-programs-for-older-americans.md
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**(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 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 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.
**(c) Donation of products**
(1) Agricultural commodities (including bonus commodities) and products purchased by the Secretary of Agriculture under [section 612c of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section612c&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1431&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1446a–1&num=0&edition=prelim) 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)) $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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Federal law — U.S. Code and appendices · legal_authorities
The Congress hereby finds and declares that, in keeping with the traditional American concept of the inherent dignity of the individual in our democratic society, the older people of our Nation are entitled to, and it is the joint and several duty and responsibility of the governments of the United States, of the several States and their political subdivisions, and of Indian tribes to assist our older people to secure equal opportunity to the full and free enjoyment of the following objectives:
(1) An adequate income in retirement in accordance with the American standard of living.
(2) The best possible physical and mental health (including access to person-centered, trauma-informed services as appropriate) which science can make available and without regard to economic status.
(3) Obtaining and maintaining suitable housing, independently selected, designed and located with reference to special needs and available at costs which older citizens can afford.
(4) Full restoration services for those who require institutional care, and a comprehensive array of community-based, long-term care services adequate to appropriately sustain older people in their communities and in their homes, including support to family members and other persons providing voluntary care to older individuals needing long-term care services.
(5) Opportunity for employment with no discriminatory personnel practices because of age.
(6) Retirement in health, honor, dignity—after years of contribution to the economy.
(7) Participating in and contributing to meaningful activity within the widest range of civic, cultural, education and training and recreational opportunities.
(8) Efficient community services, including access to low-cost transportation, which provide a choice in supported living ar
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligible recipients; barter; estimates; reprocessing and other charges** In order to prevent the waste of commodities whether in private stocks or acquired through price-support operations by the Commodity Credit Corporation before they can be disposed of in normal domestic channels without impairment of the price-support program or sold abroad at competitive world prices, the Commodity Credit Corporation is authorized, on such terms and under such regulations as the Secretary of Agriculture may deem in the public interest: (1) upon application, to make such commodities available to any Federal agency for use in making payment for commodities not produced in the United States; (2) to barter or exchange such commodities for strategic or other materials as authorized by law; (3) in the case of food commodities to donate such commodities to the Bureau of Indian Affairs and to such State, Federal, or private agency or agencies as may be designated by the proper State or Federal authority and approved by the Secretary, for use in the United States in nonprofit school-lunch programs, in nonprofit summer camps for children, in the assistance of needy persons, and in charitable institutions, including hospitals and facilities, to the extent that they serve needy persons (including infants and children). In the case of clause (3) the Secretary shall obtain such assurance as he deems necessary that the recipients thereof will not diminish their normal expenditures for food by reason of such donation. In order to facilitate the appropriate disposal of such commodities, the Secretary may from time to time estimate and announce the quantity of such commodities which he anticipates will become available for distribution under clause (3). The Commodity Credit Corporation may pay
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Agriculture is hereby authorized to use funds of the Commodity Credit Corporation to purchase sufficient supplies of dairy products at market prices to meet the requirements of any programs for the schools (other than fluid milk in the case of schools), domestic relief distribution, community action, and such other programs as are authorized by law, when there are insufficient stocks of dairy products in the hands of Commodity Credit Corporation available for these purposes.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1446a–1
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Federal law — U.S. Code and appendices · legal_authorities
There is appropriated for each fiscal year beginning with the fiscal year ending June 30, 1936 an amount equal to 30 per centum of the gross receipts from duties collected under the customs laws during the period January 1 to December 31, both inclusive, preceding the beginning of each such fiscal year. Such sums shall be maintained in a separate fund and shall be used by the Secretary of Agriculture only to (1) encourage the exportation of agricultural commodities and products thereof by the payment of benefits in connection with the exportation thereof or of indemnities for losses incurred in connection with such exportation or by payments to producers in connection with the production of that part of any agricultural commodity required for domestic consumption; (2) encourage the domestic consumption of such commodities or products by diverting them, by the payment of benefits or indemnities or by other means, from the normal channels of trade and commerce or by increasing their utilization through benefits, indemnities, donations or by other means, among persons in low income groups as determined by the Secretary of Agriculture; and (3) reestablish farmers’ purchasing power by making payments in connection with the normal production of any agricultural commodity for domestic consumption. Determinations by the Secretary as to what constitutes diversion and what constitutes normal channels of trade and commerce and what constitutes normal production for domestic consumption shall be final. The sums appropriated under this section shall be expended for such one or more of the above-specified purposes, and at such times, in such manner, and in such amounts as the Secretary of Agriculture finds will effectuate substantial accomplishment of any one or more of the purposes
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Use of funds for purchase of agricultural commodities and products for donation** Notwithstanding any other provision of law, the Secretary shall—
(1) use funds available to carry out the provisions of [section 612c of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section612c&num=0&edition=prelim) which are not expended or needed to carry out such provisions, to purchase (without regard to the provisions of existing law governing the expenditure of public funds) agricultural commodities and their products of the types customarily purchased under such section (which may include domestic seafood commodities and their products), for donation to maintain the annually programmed level of assistance for programs carried on under this chapter, the Child Nutrition Act of 1966 [[42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.], and title III of the Older Americans Act of 1965 [[42 U.S.C. 3021](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3021&num=0&edition=prelim) et seq.]; and
(2) if stocks of the Commodity Credit Corporation are not available, use the funds of such Corporation to purchase agricultural commodities and their products of the types customarily available under [section 1431 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1431&num=0&edition=prelim), for such donation.
**(b) Nutrition quality and content information**
(1) The Secretary shall maintain and continue to improve the overall nutritional quality of entitlement commodities provided to schools to assist the schools in improving the nutritional content of meals.
(2) The Secretary shall—
(A) require that nutritional cont
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1762a
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Federal law — U.S. Code and appendices · legal_authorities
Payments made by a State agency or an area agency on aging for nutrition services (including meals) provided under part A, B, or C may not be reduced to reflect any increase in the level of assistance provided under [section 3030a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3030a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3030g–23
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 3045, Pub. L. 89–73, title VII, § 701, as added Pub. L. 92–258, § 2, Mar. 22, 1972, 86 Stat. 88, stated Congressional findings and declaration of policy.
Section 3045a, Pub. L. 89–73, title VII, § 702, as added Pub. L. 92–258, § 2, Mar. 22, 1972, 86 Stat. 89; amended Pub. L. 93–29, title VII, § 704(c), May 3, 1973, 87 Stat. 57; Pub. L. 93–644, § 9(a), Jan. 4, 1975, 88 Stat. 2310, related to administration of program. See [section 3021(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3021/b&num=0&edition=prelim).
Section 3045b, Pub. L. 89–73, title VII, § 703, as added Pub. L. 92–258, § 2, Mar. 22, 1972, 86 Stat. 90; amended Pub. L. 93–29, title VII, § 704(c), May 3, 1973, 87 Stat. 57; Pub. L. 94–135, title I, § 114(i), (j), Nov. 28, 1975, 89 Stat. 726, related to allotment of funds. See [section 3024 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3024&num=0&edition=prelim).
Section 3045c, Pub. L. 89–73, title VII, § 704, as added Pub. L. 92–258, § 2, Mar. 22, 1972, 86 Stat. 91; amended Pub. L. 93–29, title VII, § 704(c), May 3, 1973, 87 Stat. 57, related to payment of grants. See [section 3029(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3029/a&num=0&edition=prelim).
Section 3045d, Pub. L. 89–73, title VII, § 705, as added Pub. L. 92–258, § 2, Mar. 22, 1972, 86 Stat. 91; amended Pub. L. 93–29, title VII, §§ 702–704, May 3, 1973, 87 Stat. 56, 57; Pub. L. 94–135, title I, § 114(k)–(n), Nov. 28, 1975, 89 Stat. 726, related to provisions for State plans. See [section 3027 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3027&num=0&edition=prelim).
Section 3045e, P
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3045 to 3045i
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Federal law — U.S. Code and appendices · legal_authorities
(1) Notwithstanding any other provision of law, whenever Government stocks of commodities are acquired under the price support programs and are not likely to be sold by the Commodity Credit Corporation or otherwise used in programs of commodity sale or distribution, such commodities shall be made available without charge or credit to nutrition projects under the authority of the Older Americans Act of 1965 ([42 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3001&num=0&edition=prelim) et seq.), to child nutrition programs providing food service, and to food banks participating in the special nutrition projects established under [section 4004 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4004&num=0&edition=prelim). Such distribution may include bulk distribution to congregate nutrition sites and to providers of home delivered meals under the Older Americans Act of 1965. The Commodity Credit Corporation is authorized to use available funds to operate the program under this subsection and to further process products to facilitate bonus commodity use. Commodities made available under this section shall include, but not be limited to, dairy products, wheat or the products thereof, rice, honey, and cornmeal.
(2)
(A) For each of fiscal years 2008 through 2023, whenever a commodity is made available without charge or credit under any nutrition program administered by the Secretary of Agriculture, the Secretary shall encourage consumption of such commodity through agreements with private companies under which the commodity is reprocessed into end-food products for use by eligible recipient agencies. The expense of reprocessing shall be paid by such eligible recipient agencies.
(B) To main
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Federal law — U.S. Code and appendices · legal_authorities
Page 5751
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 3030a
AMENDMENTS
2000—Subsec. (a)(1). Pub. L. 106–501, § 308(1)(A), in-
serted ‘‘(or to any tribal organization receiving a grant
under subchapter X)’’ after ‘‘any State’’ and ‘‘(or funds
used by such tribal organization)’’ before ‘‘for the deliv-
ery of supportive services’’.
Subsec. (a)(2). Pub. L. 106–501, § 308(1)(B), inserted
‘‘and such tribal organizations’’ after ‘‘States’’.
Subsec. (a)(3). Pub. L. 106–501, § 308(1)(C), inserted ‘‘or
such tribal organization’’ after ‘‘State’’ in two places.
Subsecs. (b)(1), (c). Pub. L. 106–501, § 308(2), inserted
‘‘and such tribal organizations’’ after ‘‘States’’.
1993—Pub. L. 103–171, § 3(a)(13), substituted ‘‘Assistant
Secretary’’ for ‘‘Commissioner’’ wherever appearing in
subsecs. (a)(1), (3) and (b)(1).
Subsec. (a)(1). Pub. L. 103–171, § 2(10), substituted
‘‘Robert T. Stafford Disaster Relief and Emergency As-
sistance Act’’ for ‘‘Disaster Relief and Emergency As-
sistance Act’’.
1992—Subsec. (a)(1). Pub. L. 102–375, §§ 102(b)(10)(A),
309(1)(A), substituted ‘‘area agencies on aging’’ for
‘‘area agencies’’ and inserted ‘‘(and related supplies)’’
after ‘‘supportive services’’.
Subsec. (a)(2). Pub. L. 102–375, § 309(2), substituted ‘‘2
percent’’ for ‘‘5 percent’’ and ‘‘to carry out subchapter
IV’’ for ‘‘for carrying out the purposes of section 3035a
of this title’’.
Subsec. (a)(3). Pub. L. 102–375, § 309(1)(B), added par.
(3).
Subsec. (b)(1). Pub. L. 102–375, § 309(2), substituted ‘‘2
percent’’ for ‘‘5 percent’’ and ‘‘to carry out subchapter
IV’’ for ‘‘for carrying out the purposes of section 3035a
of this title’’.
Subsec. (b)(2). Pub. L. 102–375, § 309(2)(B), substituted
‘‘to carry out subchapter IV’’ for ‘‘for carrying out the
purposes of secti
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 3030a
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