42 U.S.C. § 3030e: Grants for establishment and operation of nutrition projects

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. 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 ). 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. 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. 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) ).”