subpart iii—general provisions

Codification

Pub. L. 106–501, title III, §312(b), Nov. 13, 2000, 114 Stat. 2252, redesignated subpart IV of this part as subpart III.

Prior Provisions

A prior subpart III, consisting of sections 3030g–11 to 3030g–13 of this title, related to school-based meals for volunteer older individuals and multigenerational programs, prior to repeal by Pub. L. 106–501, title III, §312(a), Nov. 13, 2000, 114 Stat. 2252.

Section 3030g–11, Pub. L. 89–73, title III, §338, as added Pub. L. 102–375, title III, §316(a), Sept. 30, 1992, 106 Stat. 1239; amended Pub. L. 103–171, §3(a)(13), Dec. 2, 1993, 107 Stat. 1990, provided for establishment and implementation of the programs.

Section 3030g–12, Pub. L. 89–73, title III, §338A, as added Pub. L. 102–375, title III, §316(a), Sept. 30, 1992, 106 Stat. 1240; amended Pub. L. 103–171, §3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 103–382, title III, §391(r)(1), Oct. 20, 1994, 108 Stat. 4024, described required contents of application and criteria for selection among applicants.

Section 3030g–13, Pub. L. 89–73, title III, §338B, as added Pub. L. 102–375, title III, §316(a), Sept. 30, 1992, 106 Stat. 1240; amended Pub. L. 103–171, §3(a)(11), (13), Dec. 2, 1993, 107 Stat. 1990, required States receiving grants to submit reports evaluating projects.

§3030g–21. Nutrition

A State that establishes and operates a nutrition project under this chapter ¹ shall—

(1) solicit the advice of a dietitian or individual with comparable expertise in the planning of nutritional services, and

(2) ensure that the project—

(A) provides meals that—

(i) comply with the Dietary Guidelines for Americans, published by the Secretary and the Secretary of Agriculture,

(ii) provide to each participating older individual—

(I) a minimum of 331/3 percent of the daily recommended dietary allowances as established by the Food and Nutrition Board of the Institute of Medicine of the National Academy of Sciences, if the project provides one meal per day,

(II) a minimum of 662/3 percent of the allowances if the project provides two meals per day, and

(III) 100 percent of the allowances if the project provides three meals per day, and

(iii) to the maximum extent practicable, are adjusted to meet any special dietary needs of program participants,

(B) provides flexibility to local nutrition providers in designing meals that are appealing to program participants,

(C) encourages providers to enter into contracts that limit the amount of time meals must spend in transit before they are consumed,

(D) where feasible, encourages arrangements with schools and other facilities serving meals to children in order to promote intergenerational meal programs,

(E) provides that meals, other than in-home meals, are provided in settings in as close proximity to the majority of eligible older individuals' residences as feasible,

(F) comply ² with applicable provisions of State or local laws regarding the safe and sanitary handling of food, equipment, and supplies used in the storage, preparation, service, and delivery of meals to an older individual,

(G) ensures that meal providers carry out such project with the advice of dietitians (or individuals with comparable expertise), meal participants, and other individuals knowledgeable with regard to the needs of older individuals,

(H) ensures that each participating area agency on aging establishes procedures that allow nutrition project administrators the option to offer a meal, on the same basis as meals provided to participating older individuals, to individuals providing volunteer services during the meal hours, and to individuals with disabilities who reside at home with and accompany older individuals eligible under this chapter,¹

(I) ensures that nutrition services will be available to older individuals and to their spouses, and may be made available to individuals with disabilities who are not older individuals but who reside in housing facilities occupied primarily by older individuals at which congregate nutrition services are provided, and

(J) provide ³ for nutrition screening and, where appropriate, for nutrition education and counseling.

(Pub. L. 89–73, title III, §339, as added Pub. L. 106–501, title III, §313, Nov. 13, 2000, 114 Stat. 2252.)

Codification

Pub. L. 106–501, §313, which directed amendment of subpart 4 of part C of title III of the Older Americans Act of 1965 (Pub. L. 89–73) by striking section 339 and inserting this section, was executed in this subpart, which is subpart 3 of part C of title III of the Act, by repealing prior section 3030g–21, and inserting this section, to reflect the probable intent of Congress and the redesignation of subpart 4 of part C of title III of the Act as subpart 3 by Pub. L. 106–501, §312(b).

Prior Provisions

A prior section 3030g–21, Pub. L. 89–73, title III, §339, as added Pub. L. 102–375, title III, §317, Sept. 30, 1992, 106 Stat. 1241, related to compliance with dietary guidelines prior to repeal by Pub. L. 106–501, title III, §313, Nov. 13, 2000, 114 Stat. 2252. See Codification note above.

Section Referred to in Other Sections

This section is referred to in section 3020e of this title.

¹ So in original. Title III of Pub. L. 89–73, as amended, contained parts and subparts, but not chapters.

² So in original. Probably should be "complies".

³ So in original. Probably should be "provides".

§3030g–22. Payment requirement

Payments made by a State agency or an area agency on aging for nutrition services (including meals) provided under part A, B, or C of this subchapter may not be reduced to reflect any increase in the level of assistance provided under section 3030a of this title.

(Pub. L. 89–73, title III, §339A, as added Pub. L. 102–375, title III, §317, Sept. 30, 1992, 106 Stat. 1241.)

Prior Provisions

Prior sections 3030h to 3030l were repealed by Pub. L. 106–501, title III, §314(1), Nov. 13, 2000, 114 Stat. 2253.

Section 3030h, Pub. L. 89–73, title III, §341, as added Pub. L. 100–175, title I, §140(d), Nov. 29, 1987, 101 Stat. 945; amended Pub. L. 102–375, title I, §102(b)(6), (10)(C), Sept. 30, 1992, 106 Stat. 1201, 1202; Pub. L. 103–171, §3(a)(13), Dec. 2, 1993, 107 Stat. 1990, authorized a grant program for States.

Section 3030i, Pub. L. 89–73, title III, §342, as added Pub. L. 100–175, title I, §140(d), Nov. 29, 1987, 101 Stat. 945; amended Pub. L. 102–375, title I, §102(b)(7), title III, §318, Sept. 30, 1992, 106 Stat. 1201, 1241, defined "in-home services".

Section 3030j, Pub. L. 89–73, title III, §343, as added Pub. L. 100–175, title I, §140(d), Nov. 29, 1987, 101 Stat. 945, provided for the State agency to develop eligibility criteria.

Section 3030k, Pub. L. 89–73, title III, §344, as added Pub. L. 100–175, title I, §140(d), Nov. 29, 1987, 101 Stat. 946, required that funds available under former part D of this subchapter be in addition to funds otherwise expended.

Section 3030l, Pub. L. 89–73, title III, §351, as added Pub. L. 100–175, title I, §141(d), Nov. 29, 1987, 101 Stat. 946; amended Pub. L. 102–375, title VII, §708(a)(2)(C), Sept. 30, 1992, 106 Stat. 1292; Pub. L. 103–171, §3(a)(13), Dec. 2, 1993, 107 Stat. 1990, authorized program of grants to satisfy special needs of older individuals.