Title 42 — The Public Health and Welfare
Part C · Chapter 35 — Programs for Older Americans
§ 3030e. Grants for establishment and operation of nutrition projects
Statutory text
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 nutrition projects that—
5 or more days a week (except in a rural area where such frequency is not feasible (as defined by the Assistant Secretary by regulation) and a lesser frequency is approved by the State agency), provide at least one hot or other appropriate meal per day and any additional meals which the recipient of a grant or contract under this subpart may elect to provide;
shall be provided in congregate settings, including adult day care facilities and multigenerational meal sites; and
provide nutrition education, nutrition counseling, and other nutrition services, as appropriate, based on the needs of meal participants.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Older Americans Act of 1965
Pub. L. 89–73 title III § 331 · 79 Stat. 218
Enacted · 42 U.S.C. § 3030e
Pub. L. 89–73, title III, § 331, as added Pub. L. 95–478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1536
Source evidence
Code source credit
Pub. L. 89–73, title III, § 331, as added Pub. L. 95–478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1536Older Americans Act Amendments of 1992
Pub. L. 102–375 title III § 313 · 106 Stat. 1195
Inserted · 42 U.S.C. § 3030e(1)
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”
Struck · 42 U.S.C. § 3030e(1)
Pub. L. 102–375 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”
Source evidence
Code amendment note
Par. (1). 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 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”.Enacted provision · exact public law section
SEC. 313. CONGREGATE NUTRITION SERVICES. Section 331(1) of the Older Americans Act of 1965 (42 U.S.C. 3030e(1)) is amended— (1) by inserting “(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 (2) by striking “, each of which” and all that follows through “Research Council”.Older Americans Act Technical Amendments of 1993
Pub. L. 103–171 § 3(a)(13) · 107 Stat. 1988
Substituted · 42 U.S.C. § 3030e
Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner” in introductory provisions and par. (1)
Source evidence
Code amendment note
Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner” in introductory provisions and par. (1).Enacted provision · exact public law section
(13) 42 USC 3013 et seq. by striking “Commissioner” each place it appears, and inserting “Assistant Secretary”, in sections 203(a), 203A, 204(d), 205, 206(g), 207, 211, 214, 215(b)(2), 301, 304, 305, 306, 308, 309(a), 310, 312, 313(a), 314, 321, 331, 336, 337, 338(a), 338A, 338B, 341, 351, 361, 381, 402, 411, 412, 421, 422, 423, 424, 425(a), 428, 429, 429A, 429B, 429C, 429D, 429F, 429G, 429H, 4291, 429J, 431, 432, 433, 613, 614, 614A, 623, 624, 631, 632, 701, 703, 705(a)(7)(D), 713, 741(a)(4)(G), 763, and 764(a).Pub. L. 106–501 title III § 312(c) · 114 Stat. 2226
Inserted · 42 U.S.C. § 3030e(2)
Pub. L. 106–501 inserted “, including adult day care facilities and multigenerational meal sites” before semicolon
Source evidence
Code amendment note
Par. (2). Pub. L. 106–501 inserted “, including adult day care facilities and multigenerational meal sites” before semicolon.Enacted provision · exact public law section
(c) Program Authorized.— Section 331(2) of the Older Americans Act of 1965 (42 U.S.C. 3030e(2)) is amended by inserting “, including adult day care facilities and multigenerational meal sites” before the semi-colon.Pub. L. 109–365 § 313(1) · 120 Stat. 2548
Substituted · 42 U.S.C. § 3030e
Pub. L. 109–365, § 313(1), substituted “projects that—” for “projects—” in introductory provisions
Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Pub. L. 109–365, § 313(1), substituted “projects that—” for “projects—” in introductory provisions.Pub. L. 109–365 § 313(2) · 120 Stat. 2548
Struck · 42 U.S.C. § 3030e(1)
Pub. L. 109–365, § 313(2), struck out “which,” before “5 or more days”
Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Par. (1). Pub. L. 109–365, § 313(2), struck out “which,” before “5 or more days”.Pub. L. 109–365 § 313(3) · 120 Stat. 2548
Struck · 42 U.S.C. § 3030e(2)
Pub. L. 109–365, § 313(3), struck out “which” before “shall be provided”
Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Par. (2). Pub. L. 109–365, § 313(3), struck out “which” before “shall be provided”.Pub. L. 109–365 § 313(4) · 120 Stat. 2548
Added · 42 U.S.C. § 3030e(3)
Pub. L. 109–365, § 313(4), added par. (3)
Struck · 42 U.S.C. § 3030e(3)
Pub. L. 109–365, § 313(4), struck out former par. (3) which read as follows: “which may include nutrition education services and other appropriate nutrition services for older individuals.”
Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
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 appropriate nutrition services for older individuals.”
4 of 10 references resolved to an enrolled provision · 1 partial · 5 unresolved
Editorial Notes
Amendments1992–2006 · 4 rounds
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 appropriate 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 Secretary” 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 defined 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 , see section 504 of Pub. L. 95–478, set out as an Effective Date of 1978 Amendment note under section 3001 of this title.
Nutrition Services
Pub. L. 116–136, div. A, title III, § 3222, , 134 Stat. 379, provided that:
“(a) Definitions.—
In this section, the terms ‘Assistant 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.—
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 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 appropriated under paragraph (1) or (2) of section 303(b) of the Older Americans Act of 1965 (42 U.S.C. 3023(b)), between 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 delivery of nutrition services under section 337 of the Older Americans Act of 1965 (42 U.S.C. 3030g), during the period 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 individual 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 homebound by reason of illness.
“(d) Dietary Guidelines Waiver.—
To facilitate implementation 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 requirements for meals provided under those subparts to comply with the requirements of clauses (i) and (ii) of section 339(2)(A) of such Act (42 U.S.C. 3030g–21(2)(A)).”
Nutrition Projects for Elderly Under Prior Provisions, Qualified Under Successor Provisions, Eligible for Funds Under Such Provisions; Discontinuance of Payments for Ineffective Activities
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.
Credits
1978–2006 · 5 acts
- 1978Pub. L. 89–73, title III, § 331, as added Pub. L. 95–478, title I, § 103(b), , 92 Stat. 1536
- 1992amended Pub. L. 102–375, title III, § 313, , 106 Stat. 1238
- 1993Pub. L. 103–171, § 3(a)(13), , 107 Stat. 1990
- 2000Pub. L. 106–501, title III, § 312(c), , 114 Stat. 2252
- 2006Pub. L. 109–365, title III, § 313, , 120 Stat. 2548.
Show as published
(Pub. L. 89–73, title III, § 331, as added Pub. L. 95–478, title I, § 103(b), , 92 Stat. 1536; amended Pub. L. 102–375, title III, § 313, , 106 Stat. 1238; Pub. L. 103–171, § 3(a)(13), , 107 Stat. 1990; Pub. L. 106–501, title III, § 312(c), , 114 Stat. 2252; Pub. L. 109–365, title III, § 313, , 120 Stat. 2548.)