II 

118TH CONGRESS 

2D SESSION S. 4574 

To amend the Older Americans Act of 1965 to allow States, tribal organizations, and organizations serving Native Hawaiians flexibility to use certain funds for innovative nutrition services, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 18, 2024 

Mr. BRAUN (for himself and Mr. PETERS) introduced the following bill; which 

was read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

A BILL 

To amend the Older Americans Act of 1965 to allow States, 

tribal organizations, and organizations serving Native 

Hawaiians flexibility to use certain funds for innovative 

nutrition services, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Innovative Nutrition 

5 for Seniors Act’’. 


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1 SEC. 2. INNOVATIVE NUTRITION FLEXIBILITY. 

2 (a) IN GENERAL.—Part C of title III of the Older 

3 Americans Act of 1965 (42 U.S.C. 3030d–21 et seq.) is 

4 amended— 

5 (1) by redesignating subpart 3 as subpart 4; 

6 and 

7 (2) by inserting after subpart 2 the following: 

8 ‘‘Subpart 3—Innovative Nutrition Flexibility 

9 ‘‘SEC. 338. INNOVATIVE NUTRITION FLEXIBILITY. 

10 ‘‘(a) IN GENERAL.—Notwithstanding any other pro11 vision in this Act, a State with a State plan approved 

12 under section 307 may use not more than 5 percent of 

13 the amounts received by the State that are attributable 

14 to funds appropriated under paragraph (1) of section 

15 303(b) for the establishment and operation of innovative 

16 nutrition services that— 

17 ‘‘(1) improve the reach of the nutrition services 

18 provided under subparts 1 and 2; and 

19 ‘‘(2) address food insecurity among older indi20 viduals or improve the health and well-being out21 comes for older individuals. 

22 ‘‘(b) SERVICES.—Services under this section may in23 clude— 

24 ‘‘(1) providing carry-out meals, grab-and-go 

25 meals, mobile food units, or medically-tailored meals; 


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1 ‘‘(2) providing medical nutrition therapy in con2 sultation with a dietitian or other qualified indi3 vidual described in section 339(1) for the prevention, 

4 management, or treatment of a disease; or 

5 ‘‘(3) carrying out any other nutrition activities 

6 approved by the State agency. 

7 ‘‘(c) NUTRITION REQUIREMENTS.—In the case of 

8 any services supported under this section that provide 

9 meals to older individuals, such meals shall comply with 

10 the requirements for nutrition projects under section 

11 339.’’. 

12 (b) ADMINISTRATION.— 

13 (1) IN GENERAL.—Section 205(a)(2)(A) of the 

14 Older Americans Act of 1965 (42 U.S.C. 

15 3016(a)(2)(A)) is amended— 

16 (A) in the matter preceding clause (i), by 

17 striking ‘‘subparts 1 and 2 of part C of title 

18 III’’ and inserting ‘‘subparts 1, 2, and 3 of part 

19 C of title III’’; and 

20 (B) in clause (ix), by striking ‘‘subparts 1 

21 and 2 of part C of title III’’ and inserting ‘‘sub22 parts 1, 2, and 3 of part C of title III’’. 

23 (2) REPORTING.—Section 308(b)(7)(C) of the 

24 Older Americans Act of 1965 (42 U.S.C. 

25 3028(b)(7)(C)) is amended— 


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1 (A) in clause (i), by striking ‘‘; and’’ and 

2 inserting a semicolon; and 

3 (B) by adding at the end the following: 

4 ‘‘(iii) subpart 3 of part C; and’’. 

5 (c) NATIVE AMERICANS.—Title VI of the Older 

6 Americans Act of 1965 (42 U.S.C. 3057 et seq.) is amend7 ed— 

8 (1) by resdesignating part E (42 U.S.C. 3057l 

9 et seq.) as part F; and 

10 (2) by inserting after part D (42 U.S.C. 

11 3057k–21 et seq.) the following: 

12 ‘‘PART E—INNOVATIVE NUTRITION FLEXIBILITY 

13 FOR NATIVE AMERICANS 

14 ‘‘SEC. 638. INNOVATIVE NUTRITION FLEXIBILITY FOR NA15 TIVE AMERICANS. 

16 ‘‘(a) IN GENERAL.—Notwithstanding any other pro17 vision in this Act, a tribal organization receiving a grant 

18 under part A, or a public or private nonprofit private orga19 nization receiving a grant under part B, may use not more 

20 than 2 percent of the amount awarded to the organization 

21 through such grant to establish and operate, or contract 

22 with a service provider to establish and operate, innovative 

23 nutrition services that— 

24 ‘‘(1) improve the reach of— 


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1 ‘‘(A) in the case of a grant to such a tribal 

2 organization, the nutrition services provided 

3 under part A; and 

4 ‘‘(B) in the case of a grant to such a non5 profit organization, the nutrition services pro6 vided under part B; and 

7 ‘‘(2) address food insecurity among, or improve 

8 the health and well-being outcomes, for— 

9 ‘‘(A) in the case of a grant to such a tribal 

10 organization, older individuals who are Indians; 

11 and 

12 ‘‘(B) in the case of a grant to such a non13 profit organization, older individuals who are 

14 Native Hawaiians. 

15 ‘‘(b) SERVICES.—Services under this section may in16 clude— 

17 ‘‘(1) providing carry-out meals, grab-and-go 

18 meals, mobile food units, or medically-tailored meals; 

19 ‘‘(2) providing medical nutrition therapy in con20 sultation with a qualified dietitian or other indi21 vidual described in section 339(1) for the prevention, 

22 management, or treatment of a disease; or 

23 ‘‘(3) carrying out any other nutrition activities 

24 approved by the applicable tribal organization or 

25 nonprofit organization receiving the grant. 


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1 ‘‘(c) NUTRITION REQUIREMENTS.—In the case of 

2 any services supported under this section that provide 

3 meals, such meals shall comply with the requirements for 

4 nutrition projects under section 339.’’. 

Æ 


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