§3017. Evaluation of programs

(a) Authority of Secretary; scope of evaluation; persons conducting evaluation

The Secretary shall measure and evaluate the impact of all programs authorized by this chapter, their effectiveness in achieving stated goals in general, and in relation to their cost, their impact on related programs, their effectiveness in targeting for services under this chapter unserved older individuals with greatest economic need (including low-income minority individuals) and unserved older individuals with greatest social need (including low-income minority individuals), and their structure and mechanisms for delivery of services, including, where appropriate, comparisons with appropriate control groups composed of persons who have not participated in such programs. Evaluations shall be conducted by persons not immediately involved in the administration of the program or project evaluated.

(b) General standards

The Secretary may not make grants or contracts under subchapter IV of this chapter until the Secretary develops and publishes general standards to be used by the Secretary in evaluating the programs and projects assisted under such subchapter. Results of evaluations conducted pursuant to such standards shall be included in the reports required by section 3018 of this title.

(c) Opinions of program and project participants; comparison of effectiveness of related programs; consultation with organizations concerned with older individuals

In carrying out evaluations under this section, the Secretary shall, whenever possible, arrange to obtain the opinions of program and project participants about the strengths and weaknesses of the programs and projects, and conduct, where appropriate, evaluations which compare the effectiveness of related programs in achieving common objectives. In carrying out such evaluations, the Secretary shall consult with organizations concerned with older individuals, including those representing minority individuals and older individuals with disabilities.

(d) Annual summaries and analyses of evaluation; demonstration projects; transmittal to Congress; dissemination to Federal, State, and local agencies and private organizations; accessibility to public

The Secretary shall annually publish summaries and analyses of the results of evaluative research and evaluation of program and project impact and effectiveness, including, as appropriate, health and nutrition education demonstration projects conducted under section 3027(f) of this title, the full contents of which shall be transmitted to Congress, be disseminated to Federal, State, and local agencies and private organizations with an interest in aging, and be accessible to the public.

(e) Federal property

The Secretary shall take the necessary action to assure that all studies, evaluations, proposals, and data produced or developed with Federal funds shall become the property of the United States.

(f) Availability to Secretary of information from executive agencies

Such information as the Secretary may deem necessary for purposes of the evaluations conducted under this section shall be made available to him, upon request, by the departments and agencies of the executive branch.

(g) Evaluation of nutritional services; establishment of advisory council; report on recommendations and final guidelines to the President and Congress

(1) Not later than June 30, 1995, the Assistant Secretary, in consultation with the Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services, shall complete an evaluation of nutrition services provided under this chapter, to evaluate for fiscal years 1992 and 1993-

(A) their effectiveness in serving special populations of older individuals;

(B) the quality of nutrition provided by such services;

(C) average meal costs (including the cost of food, related administrative costs, and the cost of supportive services relating to nutrition services), taking into account regional differences and size of projects;

(D) the characteristics of participants;

(E) the applicability of health, safety, and dietary standards;

(F) the appraisal of such services by recipients;

(G) the efficiency of delivery and administration of such services;

(H) the amount, sources, and ultimate uses of funds transferred under section 3028(b)(5) of this title to provide such services;

(I) the amount, sources, and uses of other funds expended to provide such services, including the extent to which funds received under this chapter are used to generate additional funds to provide such services;

(J) the degree of nutritional expertise used to plan and manage coordination with other State and local services;

(K) nonfood cost factors incidental to providing nutrition services under this chapter;

(L) the extent to which commodities provided by the Secretary of Agriculture under section 3030a(a) of this title are used to provide such services;

(M) and for the 8-year period ending September 30, 1992, the characteristics, and changes in the characteristics, of such nutrition services;

(N) differences between older individuals who receive nutrition services under section 3030e of this title and older individuals who receive nutrition services under section 3030f of this title, with specific reference to age, income, health status, receipt of food stamp benefits, and limitations on activities of daily living;

(O) the impact of the increase in nutrition services provided under section 3030f of this title, the factors that caused such increase, and the effect of such increase on nutrition services authorized under section 3030f of this title;

(P) how, and the extent to which, nutrition services provided under this chapter generally, and under section 3030e of this title specifically, are integrated with long-term care programs;

(Q) the impact of nutrition services provided under this chapter on older individuals, including the impact on their dietary intake and opportunities for socialization;

(R) the adequacy of the daily recommended dietary allowances described in section 3030g–21 of this title; and

(S) the impact of transferring funds under section 3028(b)(5) of this title and how funds transferred under such section are expended to provide nutrition services.

(2)(A)(i) The Assistant Secretary shall establish an advisory council to develop recommendations for guidelines on efficiency and quality in furnishing nutrition services described in subparts I, II, and III of part C of subchapter III of this chapter.

(ii) The council shall be composed of members appointed by the Assistant Secretary from among individuals nominated by the Secretary of Agriculture, the American Dietetic Association, the Dietary Managers Association, the National Association of Nutrition and Aging Service Programs, the National Association of Meal Programs, the National Association of State Units on Aging, the National Association of Area Agencies on Aging, and other appropriate organizations.

(B) Not later than June 30, 1994, the Assistant Secretary, in consultation with the Secretary of Agriculture and taking into consideration the recommendations of the council, shall publish interim guidelines of the kind described in subparagraph (A)(i).

(3) Not later than September 30, 1995, the Secretary shall-

(A) submit to the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate recommendations and final guidelines to improve nutrition services provided under this chapter; and

(B) require the Assistant Secretary to implement such recommendations administratively, to the extent feasible.

(h) Funds

The Secretary may use such sums as may be necessary, but not to exceed $3,000,000 (of which not to exceed $1,500,000 shall be available from funds appropriated to carry out subchapter III of this chapter and not to exceed $1,500,000 shall be available from funds appropriated to carry out subchapter IV of this chapter), to conduct directly evaluations under this section. No part of such sums may be reprogrammed, transferred, or used for any other purpose. Funds expended under this subsection shall be justified and accounted for by the Secretary.

(Pub. L. 89–73, title II, §206, formerly §207, as added Pub. L. 93–29, title II, §201(c), May 3, 1973, 87 Stat. 35 ; amended Pub. L. 95–478, title I, §102(g), Oct. 18, 1978, 92 Stat. 1515 ; renumbered §206 and amended Pub. L. 97–115, §2(e)(2), (h), Dec. 29, 1981, 95 Stat. 1596 ; Pub. L. 98–459, title II, §206, Oct. 9, 1984, 98 Stat. 1770 ; Pub. L. 100–175, title I, §106(c), Nov. 29, 1987, 101 Stat. 930 ; Pub. L. 102–375, title II, §207, Sept. 30, 1992, 106 Stat. 1213 ; Pub. L. 103–171, §§2(5), 3(a)(13), Dec. 2, 1993, 107 Stat. 1988 , 1990.)

Prior Provisions

A prior section 206 of Pub. L. 89–73 was renumbered section 205 and is classified to section 3016 of this title.

Provisions similar to those comprising subsec. (g) of this section were contained in Pub. L. 89–73, title VIII, §804, formerly title VII, §704, as added Pub. L. 91–69, §12, Sept. 17, 1969, 83 Stat. 114 ; renumbered title VIII, §804, Pub. L. 92–258, §1, Mar. 22, 1972, 86 Stat. 88 , which was classified to section 3054 of this title, prior to repeal by Pub. L. 93–29, §202.

Amendments

1993-Subsec. (g)(1). Pub. L. 103–171, §§2(5)(A), 3(a)(13), substituted "1995" for "1994" and "Assistant Secretary" for "Commissioner".

Subsec. (g)(2). Pub. L. 103–171, §§2(5)(B), 3(a)(13), substituted "Assistant Secretary" for "Commissioner" wherever appearing and "1994" for "1993" in subpar. (B).

Subsec. (g)(3). Pub. L. 103–171, §§2(5)(C), 3(a)(13), substituted "1995" for "1994" in introductory provisions and "Assistant Secretary" for "Commissioner" in subpar. (B).

1992-Subsec. (a). Pub. L. 102–375, §207(1), inserted "their effectiveness in targeting for services under this chapter unserved older individuals with greatest economic need (including low-income minority individuals) and unserved older individuals with greatest social need (including low-income minority individuals)," after "related programs,".

Subsecs. (g), (h). Pub. L. 102–375, §207(2), added subsecs. (g) and (h) and struck out former subsec. (g) which read as follows: "The Secretary is authorized to use such sums as may be required, but not to exceed one-tenth of 1 percent of the funds appropriated under this chapter for each fiscal year, or $300,000 whichever is lower, to conduct program and project evaluations (directly, or by grants or contracts) as required by this subchapter. In the case of allotments from such an appropriation, the amount available for such allotments (and the amount deemed appropriated therefor) shall be reduced accordingly."

1987-Subsec. (c). Pub. L. 100–175 inserted "and older individuals with disabilities" before period at end.

1984-Subsec. (b). Pub. L. 98–459, §206(a), substituted "the Secretary develops and publishes general standards to be used by the Secretary in evaluating the programs and projects assisted under such subchapter" for "he has developed and published general standards to be used by him in evaluating the programs and projects assisted under such section or subchapter".

Subsec. (c). Pub. L. 98–459, §206(b), inserted provision requiring the Secretary to consult with organizations concerned with older individuals, including those representing minority individuals, in carrying out evaluations under this section.

Subsec. (d). Pub. L. 98–459, §206(c), inserted reference to health and nutrition education demonstration projects conducted under section 3027(f) of this title and inserted provision requiring dissemination of summaries and analyses required by this subsection to Federal, State, and local agencies and private organizations with an interest in aging.

Subsec. (g). Pub. L. 98–459, §206, substituted "one-tenth of 1 percent" for "1 per centum", "under this chapter for each fiscal year" for "under this chapter", and "$300,000 whichever is lower" for "$1,000,000 whichever is greater".

1981-Subsec. (b). Pub. L. 97–115, §2(h), struck out "under section 3028 of this title" after "The Secretary may not make grants or contracts".

1978-Subsec. (c). Pub. L. 95–478, §102(g)(1), required the Secretary to conduct, where appropriate, evaluations which compare the effectiveness of related programs in achieving common objectives.

Subsec. (d). Pub. L. 95–478, §102(g)(2), required publication of analyses of evaluations and substituted "full contents of which shall be transmitted to Congress and be accessible to the public" for "full contents of which shall be available to Congress and the public".

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan submitted 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 section 206(a) of Pub. L. 98–459 effective 60 days after Oct. 9, 1984, see section 803(b)(1) of Pub. L. 98–459, set out as a note under section 3001 of this title.

Amendment by section 206(b), (c) of 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.

Amendment by section 206(d) of Pub. L. 98–459 effective on first day of first fiscal year beginning after Oct. 9, 1984, see section 803(b)(2) of Pub. L. 98–459, set out as a note under section 3001 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–478 effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95–478, set out as a note under section 3001 of this title.