42 U.S.C. § 3030e — Grants for establishment and operation

Page 5761 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3030e Subsec. (b)(2). Pub. L. 98–459, § 312(b)(2), struck out the comma after ‘‘may be used’’ and substituted ‘‘cen- ters and meeting’’ for ‘‘centers, to meet’’. 1981—Subsec. (a). Pub. L. 97–115, § 3(d), substituted ‘‘supportive services’’ for ‘‘social services’’ in provi- sions preceding par. (1). Subsec. (a)(1). Pub. L. 97–115, § 10(a), substituted ‘‘edu- cation and training’’ for ‘‘continuing education’’. Subsec. (a)(2). Pub. L. 97–115, § 3(d), substituted ‘‘sup- portive services’’ for ‘‘social services’’. Subsec. (a)(4). Pub. L. 97–115, § 10(b), designated exist- ing provisions as cls. (A) and (B) and added cl. (C). Subsec. (a)(12) to (15). Pub. L. 97–115, § 10(c), added pars. (12) to (14) and redesignated former par. (12) as (15). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by section 708(b) of Pub. L. 102–375 inap- plicable with respect to fiscal year 1993, see section 4(b) of Pub. L. 103–171, set out as a note under section 3001 of this title. Amendment by section 708(b) of Pub. L. 102–375 inap- plicable with respect to fiscal year 1992, see section 905(b)(6) of Pub. L. 102–375, set out as a note under sec- tion 3001 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan sub- mitted 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 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. PART C—NUTRITION SERVICES § 3030d–21. Purposes The purposes of this part are— (1) to reduce hunger, food insecurity, and malnutrition; (2) to promote socialization of older individ- uals; and (3) to promote the health and well-being of older individuals by assisting such individuals to gain access to nutrition and other disease prevention and health promotion services to delay the onset of adverse health conditions resulting from poor nutritional health or sed- entary behavior. (Pub. L. 89–73, title III, § 330, as added Pub. L. 109–365, title III, § 312, Oct. 17, 2006, 120 Stat. 2547; amended Pub. L. 116–131, title I, § 106(2), Mar. 25, 2020, 134 Stat. 244.) Editorial Notes AMENDMENTS 2020—Par. (1). Pub. L. 116–131 substituted ‘‘, food inse- curity, and malnutrition’’ for ‘‘and food insecurity’’. SUBPART I—CONGREGATE NUTRITION SERVICES § 3030e. Grants for establishment and operation of nutrition projects The Assistant Secretary shall carry out a pro- gram for making grants to States under State plans approved under section 3027 of this title for the establishment and operation of nutrition projects that— (1) 5 or more days a week (except in a rural area where such frequency is not feasible (as defined by the Assistant Secretary by regula- tion) and a lesser frequency is approved by the State agency), provide at least one hot or other appropriate meal per day and any addi- tional meals which the recipient of a grant or contract under this subpart may elect to pro- vide; (2) shall be provided in congregate settings, including adult day care facilities and multigenerational meal sites; and (3) provide nutrition education, nutrition counseling, and other nutrition services, as appropriate, based on the needs of meal par- ticipants. (Pub. L. 89–73, title III, § 331, as added Pub. L. 95–478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1536; amended Pub. L. 102–375, title III, § 313, Sept. 30, 1992, 106 Stat. 1238; Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 106–501, title III, § 312(c), Nov. 13, 2000, 114 Stat. 2252; Pub. L. 109–365, title III, § 313, Oct. 17, 2006, 120 Stat. 2548.) Editorial Notes AMENDMENTS 2006—Pub. L. 109–365, § 313(1), substituted ‘‘projects that—’’ for ‘‘projects—’’ in introductory provisions. Par. (1). Pub. L. 109–365, § 313(2), struck out ‘‘which,’’ before ‘‘5 or more days’’. Par. (2). Pub. L. 109–365, § 313(3), struck out ‘‘which’’ before ‘‘shall be provided’’. Par. (3). Pub. L. 109–365, § 313(4), added par. (3) and struck out former par. (3) which read as follows: ‘‘which may include nutrition education services and other ap- propriate nutrition services for older individuals.’’ 2000—Par. (2). Pub. L. 106–501 inserted ‘‘, including adult day care facilities and multigenerational meal sites’’ before semicolon. 1993—Pub. L. 103–171 substituted ‘‘Assistant Sec- retary’’ for ‘‘Commissioner’’ in introductory provisions and par. (1). 1992—Par. (1). Pub. L. 102–375 inserted ‘‘(except in a rural area where such frequency is not feasible (as de- fined by the Commissioner by regulation) and a lesser frequency is approved by the State agency)’’ after ‘‘week’’ and struck out before semicolon at end ‘‘, each of which assures a minimum of one-third of the daily recommended dietary allowances as established by the Food and Nutrition Board of the National Academy of Sciences-National Research Council’’. Statutory Notes and Related Subsidiaries 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. Page 5762 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3030f NUTRITION SERVICES Pub. L. 116–136, div. A, title III, § 3222, Mar. 27, 2020, 134 Stat. 379, provided that: ‘‘(a) DEFINITIONS.—In this section, the terms ‘Assist- ant Secretary’, ‘Secretary’, ‘State agency’, and ‘area agency on aging’ have the meanings given the terms in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002). ‘‘(b) NUTRITION SERVICES TRANSFER CRITERIA.—Dur- ing any portion of the COVID–19 public health emer- gency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d), the Secretary shall allow a State agency or an area agency on aging, without prior approval, to transfer not more than 100 percent of the funds received by the State agency or area agency on aging, respectively, and attributable to funds appro- priated under paragraph (1) or (2) of section 303(b) of the Older Americans Act of 1965 (42 U.S.C. 3023(b)), be- tween subpart 1 and subpart 2 of part C (42 U.S.C. 3030d–2 et seq.) [probably means subparts 1 and 2 of part C of title III of the Act, 42 U.S.C. 3030e; 3030f, 3030g] for such use as the State agency or area agency on aging, respectively, considers appropriate to meet the needs of the State or area served. ‘‘(c) HOME-DELIVERED NUTRITION SERVICES WAIVER.— For purposes of State agencies’ determining the deliv- ery of nutrition services under section 337 of the Older Americans Act of 1965 (42 U.S.C. 3030g), during the pe- riod of the COVID–19 public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d), the same meaning shall be given to an in- dividual who is unable to obtain nutrition because the individual is practicing social distancing due to the emergency as is given to an individual who is home- bound by reason of illness. ‘‘(d) DIETARY GUIDELINES WAIVER.—To facilitate im- plementation of subparts 1 and 2 of part C of title III of the Older Americans Act of 1965 (42 U.S.C. 3030d–2 et seq.) [42 U.S.C. 3030e; 3030f, 3030g] during any portion of the COVID–19 public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d), the Assistant Secretary may waive the require- ments for meals provided under those subparts to com- ply with the requirements of clauses (i) and (ii) of sec- tion 339(2)(A) of such Act (42 U.S.C. 3030g–21(2)(A)).’’ NUTRITION PROJECTS FOR ELDERLY UNDER PRIOR PRO- VISIONS, QUALIFIED UNDER SUCCESSOR PROVISIONS, ELIGIBLE FOR FUNDS UNDER SUCH PROVISIONS; DIS- CONTINUANCE OF PAYMENTS FOR INEFFECTIVE ACTIVI- TIES Operation of predecessor projects under successor provisions, see section 501(b) of Pub. L. 95–478, set out as a note under section 3045 of this title. SUBPART II—HOME DELIVERED NUTRITION SERVICES § 3030f. Program authorized The Assistant Secretary shall establish and carry out a program to make grants to States under State plans approved under section 3027 of this title for the establishment and operation of nutrition projects for older individuals that pro- vide— (1) on 5 or more days a week (except in a rural area where such frequency is not feasible (as defined by the Assistant Secretary by rule) and a lesser frequency is approved by the State agency) at least 1 home delivered meal per day, which may consist of hot, cold, fro- zen, dried, canned, or fresh foods and, as ap- propriate, supplemental foods, and any addi- tional meals that the recipient of a grant or contract under this subpart elects to provide; and (2) nutrition education, nutrition coun- seling, and other nutrition services, as appro- priate, based on the needs of meal recipients. (Pub. L. 89–73, title III, § 336, as added Pub. L. 95–478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1536; amended Pub. L. 102–375, title III, § 314, Sept. 30, 1992, 106 Stat. 1238; Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 109–365, title III, § 314, Oct. 17, 2006, 120 Stat. 2548; Pub. L. 114–144, § 4(h), Apr. 19, 2016, 130 Stat. 339.) Editorial Notes AMENDMENTS 2016—Par. (1). Pub. L. 114–144 substituted ‘‘canned, or fresh foods and, as appropriate, supplemental foods, and any additional meals’’ for ‘‘canned, fresh, or supple- mental foods and any additional meals’’. 2006—Pub. L. 109–365 amended section generally. Prior to amendment, text read as follows: ‘‘The Assistant Secretary shall carry out a program for making grants to States under State plans approved under section 3027 of this title for the establishment and operation of nu- trition projects for older individuals which, 5 or more days a week (except in a rural area where such fre- quency is not feasible (as defined by the Assistant Sec- retary by regulation) and a lesser frequency is approved by the State agency), provide at least one home deliv- ered hot, cold, frozen, dried, canned, or supplemental foods (with a satisfactory storage life) meal per day and any additional meals which the recipient of a grant or contract under this subpart may elect to provide.’’ 1993—Pub. L. 103–171 substituted ‘‘Assistant Sec- retary’’ for ‘‘Commissioner’’ in two places. 1992—Pub. L. 102–375 inserted ‘‘(except in a rural area where such frequency is not feasible (as defined by the Commissioner by regulation) and a lesser frequency is approved by the State agency)’’ after ‘‘week’’ and struck out before period at end ‘‘, each of which assures a minimum of one-third of the daily rec- ommended dietary allowances as established by the Food and Nutrition Board of the National Academy of Sciences-National Research Council’’. Statutory Notes and Related Subsidiaries 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. § 3030g. Criteria The Assistant Secretary, in consultation with recognized experts in the fields of nutrition science, dietetics, meal planning and food serv- ice management, and aging, shall develop min- imum criteria of efficiency and quality for the furnishing of home delivered meal services for projects described in section 3030f of this title. (Pub. L. 89–73, title III, § 337, as added Pub. L. 95–478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1536; amended Pub. L. 97–115, § 10(e), Dec. 29, 1981, 95 Stat. 1601; Pub. L. 100–175, title I, § 182(n), Nov. 29, 1987, 101 Stat. 967; Pub. L. 102–375, title III, § 315, Sept. 30, 1992, 106 Stat. 1239; Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 109–365, title III, § 315, Oct. 17, 2006, 120 Stat. 2548.) Editorial Notes AMENDMENTS 2006—Pub. L. 109–365 amended section generally. Prior to amendment, text read as follows: ‘‘The Assistant