
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-501 Section 203]
[CITE: 42USC3017]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 35--PROGRAMS FOR OLDER AMERICANS
 
                 SUBCHAPTER II--ADMINISTRATION ON AGING
 
Sec. 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, Sec. 206, formerly Sec. 207, as added Pub. L. 
93-29, title II, Sec. 201(c), May 3, 1973, 87 Stat. 35; amended Pub. L. 
95-478, title I, Sec. 102(g), Oct. 18, 1978, 92 Stat. 1515; renumbered 
Sec. 206 and amended Pub. L. 97-115, Sec. 2(e)(2), (h), Dec. 29, 1981, 
95 Stat. 1596; Pub. L. 98-459, title II, Sec. 206, Oct. 9, 1984, 98 
Stat. 1770; Pub. L. 100-175, title I, Sec. 106(c), Nov. 29, 1987, 101 
Stat. 930; Pub. L. 102-375, title II, Sec. 207, Sept. 30, 1992, 106 
Stat. 1213; Pub. L. 103-171, Secs. 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, Sec. 804, formerly title 
VII, Sec. 704, as added Pub. L. 91-69, Sec. 12, Sept. 17, 1969, 83 Stat. 
114; renumbered title VIII, Sec. 804, Pub. L. 92-258, Sec. 1, Mar. 22, 
1972, 86 Stat. 88, which was classified to section 3054 of this title, 
prior to repeal by Pub. L. 93-29, Sec. 202.


                               Amendments

    1993--Subsec. (g)(1). Pub. L. 103-171, Secs. 2(5)(A), 3(a)(13), 
substituted ``1995'' for ``1994'' and ``Assistant Secretary'' for 
``Commissioner''.
    Subsec. (g)(2). Pub. L. 103-171, Secs. 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, Secs. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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.
