Collapse to view only § 1397n-9. Availability of funds
- § 1397. Purposes of division; authorization of appropriations
- § 1397a. Payments to States
- § 1397b. Allotments
- § 1397c. State reporting requirements
- § 1397d. Limitation on use of grants; waiver
- § 1397e. Administrative and fiscal accountability
- § 1397f. Additional grants
- § 1397g. Demonstration projects to address health professions workforce needs
- § 1397h. Program for early detection of certain medical conditions related to environmental health hazards
- § 1397i. Additional funding for aging and disability services programs
- § 1397j. Definitions
- § 1397j-1. General provisions
- § 1397n. Purposes
- § 1397n-1. Social impact partnership application
- § 1397n-2. Awarding social impact partnership agreements
- § 1397n-3. Feasibility study funding
- § 1397n-4. Evaluations
- § 1397n-5. Federal Interagency Council on Social Impact Partnerships
- § 1397n-6. Commission on Social Impact Partnerships
- § 1397n-7. Limitation on use of funds
- § 1397n-8. No Federal funding for credit enhancements
- § 1397n-9. Availability of funds
- § 1397n-10. Website
- § 1397n-11. Regulations
- § 1397n-12. Definitions
- § 1397n-13. Funding
§ 1397. Purposes of division; authorization of appropriations
For the purposes of consolidating Federal assistance to States for social services into a single grant, increasing State flexibility in using social service grants, and encouraging each State, as far as practicable under the conditions in that State, to furnish services directed at the goals of—
(1) achieving or maintaining economic self-support to prevent, reduce, or eliminate dependency;
(2) achieving or maintaining self-sufficiency, including reduction or prevention of dependency;
(3) preventing or remedying neglect, abuse, or exploitation of children and adults unable to protect their own interests, or preserving, rehabilitating or reuniting families;
(4) preventing or reducing inappropriate institutional care by providing for community-based care, home-based care, or other forms of less intensive care; and
(5) securing referral or admission for institutional care when other forms of care are not appropriate, or providing services to individuals in institutions,
there are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out the purposes of this division.
(Aug. 14, 1935, ch. 531, title XX, § 2001, as added Pub. L. 97–35, title XXIII, § 2352(a), Aug. 13, 1981, 95 Stat. 867; amended Pub. L. 111–148, title VI, § 6703(d)(1), Mar. 23, 2010, 124 Stat. 803.)
§ 1397a. Payments to States
(a) Amount; covered services
(1) Each State shall be entitled to payment under this division for each fiscal year in an amount equal to its allotment for such fiscal year, to be used by such State for services directed at the goals set forth in section 1397 of this title, subject to the requirements of this division.
(2) For purposes of paragraph (1)—
(A) services which are directed at the goals set forth in section 1397 of this title include, but are not limited to, child care services, protective services for children and adults, services for children and adults in foster care, services related to the management and maintenance of the home, day care services for adults, transportation services, family planning services, training and related services, employment services, information, referral, and counseling services, the preparation and delivery of meals, health support services and appropriate combinations of services designed to meet the special needs of children, the aged, the mentally retarded, the blind, the emotionally disturbed, the physically handicapped, and alcoholics and drug addicts; and
(B) expenditures for such services may include expenditures for—
(i) administration (including planning and evaluation);
(ii) personnel training and retraining directly related to the provision of those services (including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions); and
(iii) conferences or workshops, and training or retraining through grants to nonprofit organizations within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 or to individuals with social services expertise, or through financial assistance to individuals participating in such conferences, workshops, and training or retraining (and this clause shall apply with respect to all persons involved in the delivery of such services).
(b) Funding requirements
(c) Expenditure of funds
(d) Transfers of funds
(e) Use of portion of funds
(f) Authority to use vouchersA State may use funds provided under this division to provide vouchers, for services directed at the goals set forth in section 1397 of this title, to families, including—
(1) families who have become ineligible for assistance under a State program funded under part A of subchapter IV by reason of a durational limit on the provision of such assistance; and
(2) families denied cash assistance under the State program funded under part A of subchapter IV for a child who is born to a member of the family who is—
(A) a recipient of assistance under the program; or
(B) a person who received such assistance at any time during the 10-month period ending with the birth of the child.
(Aug. 14, 1935, ch. 531, title XX, § 2002, as added Pub. L. 97–35, title XXIII, § 2352(a), Aug. 13, 1981, 95 Stat. 867; amended Pub. L. 98–369, div. B, title VI, § 2663(h)(1), July 18, 1984, 98 Stat. 1169; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 104–193, title IX, § 908(b), Aug. 22, 1996, 110 Stat. 2351; Pub. L. 111–148, title VI, § 6703(d)(1)(B), Mar. 23, 2010, 124 Stat. 803.)
§ 1397b. Allotments
(a) Computation of amounts for jurisdictions of Puerto Rico, Guam, etc.
(b) Computation of amounts for each State other than jurisdictions of Puerto Rico, Guam, etc.
The allotment for any fiscal year for each State other than the jurisdictions of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islands shall be an amount which bears the same ratio to—
(1) the amount specified in subsection (c), reduced by
(2) the total amount allotted to those jurisdictions for that fiscal year under subsection (a),
as the population of that State bears to the population of all the States (other than Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islands) as determined by the Secretary (on the basis of the most recent data available from the Department of Commerce) and promulgated prior to the first day of the third month of the preceding fiscal year.
(c) Appropriations
The amount specified for purposes of subsections (a) and (b) shall be—
(1) $2,400,000,000 for the fiscal year 1982;
(2) $2,450,000,000 for the fiscal year 1983;
(3) $2,700,000,000 for the fiscal years 1984, 1985, 1986, 1987, and 1989;
(4) $2,750,000,000 for the fiscal year 1988;
(5) $2,800,000,000 for each of the fiscal years 1990 through 1995;
(6) $2,381,000,000 for the fiscal year 1996;
(7) $2,380,000,000 for the fiscal year 1997;
(8) $2,299,000,000 for the fiscal year 1998;
(9) $2,380,000,000 for the fiscal year 1999;
(10) $2,380,000,000 for the fiscal year 2000; and
(11) $1,700,000,000 for the fiscal year 2001 and each fiscal year thereafter.
(Aug. 14, 1935, ch. 531, title XX, § 2003, as added Pub. L. 97–35, title XXIII, § 2352(a), Aug. 13, 1981, 95 Stat. 868; amended Pub. L. 97–248, title I, § 160(b), Sept. 3, 1982, 96 Stat. 400; Pub. L. 98–135, title II, § 204, Oct. 24, 1983, 97 Stat. 861; Pub. L. 99–514, title XVIII, § 1883(e)(1), Oct. 22, 1986, 100 Stat. 2919; Pub. L. 100–203, title IX, §§ 9134(a), 9135(a)(2), Dec. 22, 1987, 101 Stat. 1330–315; Pub. L. 101–239, title VIII, § 8016, Dec. 19, 1989, 103 Stat. 2470; Pub. L. 104–193, title IX, § 908(a), Aug. 22, 1996, 110 Stat. 2350; Pub. L. 105–178, title VIII, § 8401(a), June 9, 1998, 112 Stat. 498; Pub. L. 105–277, div. A, § 101(f) [title II, § 214(a)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–361.)
§ 1397c. State reporting requirements
Prior to expenditure by a State of payments made to it under section 1397a of this title for any fiscal year, the State shall report on the intended use of the payments the State is to receive under this division, including information on the types of activities to be supported and the categories or characteristics of individuals to be served. The report shall be transmitted to the Secretary and made public within the State in such manner as to facilitate comment by any person (including any Federal or other public agency) during development of the report and after its completion. The report shall be revised throughout the year as may be necessary to reflect substantial changes in the activities assisted under this division, and any revision shall be subject to the requirements of the previous sentence.
(Aug. 14, 1935, ch. 531, title XX, § 2004, as added Pub. L. 97–35, title XXIII, § 2352(a), Aug. 13, 1981, 95 Stat. 869; amended Pub. L. 111–148, title VI, § 6703(d)(1)(B), Mar. 23, 2010, 124 Stat. 803.)
§ 1397d. Limitation on use of grants; waiver
(a) Except as provided in subsection (b), grants made under this division may not be used by the State, or by any other person with which the State makes arrangements to carry out the purposes of this division—
(1) for the purchase or improvement of land, or the purchase, construction, or permanent improvement (other than minor remodeling) of any building or other facility;
(2) for the provision of cash payments for costs of subsistence or for the provision of room and board (other than costs of subsistence during rehabilitation, room and board provided for a short term as an integral but subordinate part of a social service, or temporary emergency shelter provided as a protective service);
(3) for payment of the wages of any individual as a social service (other than payment of the wages of welfare recipients employed in the provision of child day care services);
(4) for the provision of medical care (other than family planning services, rehabilitation services, or initial detoxification of an alcoholic or drug dependent individual) unless it is an integral but subordinate part of a social service for which grants may be used under this division;
(5) for social services (except services to an alcoholic or drug dependent individual or rehabilitation services) provided in and by employees of any hospital, skilled nursing facility, intermediate care facility, or prison, to any individual living in such institution;
(6) for the provision of any educational service which the State makes generally available to its residents without cost and without regard to their income;
(7) for any child day care services unless such services meet applicable standards of State and local law;
(8) for the provision of cash payments as a service (except as otherwise provided in this section);
(9) for payment for any item or service (other than an emergency item or service) furnished—
(A) by an individual or entity during the period when such individual or entity is excluded under this division or subchapter V, XVIII, or XIX pursuant to section 1320a–7, 1320a–7a, 1320c–5, or 1395u(j)(2) of this title, or
(B) at the medical direction or on the prescription of a physician during the period when the physician is excluded under this division or subchapter V, XVIII, or XIX pursuant to section 1320a–7, 1320a–7a, 1320c–5, or 1395u(j)(2) of this title and when the person furnishing such item or service knew or had reason to know of the exclusion (after a reasonable time period after reasonable notice has been furnished to the person); or
(10) in a manner inconsistent with the Assisted Suicide Funding Restriction Act of 1997 [42 U.S.C. 14401 et seq.].
(b) The Secretary may waive the limitation contained in subsection (a)(1) and (4) upon the State’s request for such a waiver if he finds that the request describes extraordinary circumstances to justify the waiver and that permitting the waiver will contribute to the State’s ability to carry out the purposes of this division.
(Aug. 14, 1935, ch. 531, title XX, § 2005, as added Pub. L. 97–35, title XXIII, § 2352(a), Aug. 13, 1981, 95 Stat. 869; amended Pub. L. 100–93, § 8(i), Aug. 18, 1987, 101 Stat. 695; Pub. L. 100–203, title IV, § 4118(e)(13), Dec. 22, 1987, as added Pub. L. 100–360, title IV, § 411(k)(10)(D), July 1, 1988, 102 Stat. 796; Pub. L. 100–485, title VI, § 608(d)(26)(K)(ii), Oct. 13, 1988, 102 Stat. 2422; Pub. L. 105–12, § 9(c), Apr. 30, 1997, 111 Stat. 27; Pub. L. 111–148, title VI, § 6703(d)(1)(B), Mar. 23, 2010, 124 Stat. 803.)
§ 1397e. Administrative and fiscal accountability
(a) Reporting requirements; form, contents, etc.
(b) Audits; implementation, etc.
(c) State reports on expenditure and use of social services funds
Each report prepared and transmitted by a State under subsection (a) shall set forth (with respect to the fiscal year covered by the report)—
(1) the number of individuals who received services paid for in whole or in part with funds made available under this division, showing separately the number of children and the number of adults who received such services, and broken down in each case to reflect the types of services and circumstances involved;
(2) the amount spent in providing each such type of service, showing separately for each type of service the amount spent per child recipient and the amount spent per adult recipient;
(3) the criteria applied in determining eligibility for services (such as income eligibility guidelines, sliding fee scales, the effect of public assistance benefits, and any requirements for enrollment in school or training programs); and
(4) the methods by which services were provided, showing separately the services provided by public agencies and those provided by private agencies, and broken down in each case to reflect the types of services and circumstances involved.
The Secretary shall establish uniform definitions of services for use by the States in preparing the information required by this subsection, and make such other provision as may be necessary or appropriate to assure that compliance with the requirements of this subsection will not be unduly burdensome on the States.
(d) Additional accounting requirements
(Aug. 14, 1935, ch. 531, title XX, § 2006, as added Pub. L. 97–35, title XXIII, § 2352(a), Aug. 13, 1981, 95 Stat. 870; amended Pub. L. 98–369, div. B, title VI, § 2663(h)(2), July 18, 1984, 98 Stat. 1169; Pub. L. 100–485, title VI, § 607, Oct. 13, 1988, 102 Stat. 2410; Pub. L. 111–148, title VI, § 6703(d)(1)(B), Mar. 23, 2010, 124 Stat. 803.)
§ 1397f. Additional grants
(a) Entitlement
(1) In generalIn addition to any payment under section 1397a of this title, each State shall be entitled to—
(A) 2 grants under this section for each qualified empowerment zone in the State; and
(B) 1 grant under this section for each qualified enterprise community in the State.
(2) Amount of grants
(A) Empowerment grantsThe amount of each grant to a State under this section for a qualified empowerment zone shall be—
(i) if the zone is designated in an urban area, $50,000,000, multiplied by that proportion of the population of the zone that resides in the State; or
(ii) if the zone is designated in a rural area, $20,000,000, multiplied by such proportion.
(B) Enterprise grants
(C) Population determinations
(3) Timing of grants
(A) Qualified empowerment zonesWith respect to each qualified empowerment zone, the Secretary shall make—
(i) 1 grant under this section to each State in which the zone lies, on the date of the designation of the zone under part I of subchapter U of chapter 1 of the Internal Revenue Code of 1986; and
(ii) 1 grant under this section to each such State, on the 1st day of the 1st fiscal year that begins after the date of the designation.
(B) Qualified enterprise communities
(4) Funding
(b) Program optionsNotwithstanding section 1397d(a) of this title:
(1) In order to prevent and remedy the neglect and abuse of children, a State may use amounts paid under this section to make grants to, or enter into contracts with, entities to provide residential or nonresidential drug and alcohol prevention and treatment programs that offer comprehensive services for pregnant women and mothers, and their children.
(2) In order to assist disadvantaged adults and youths in achieving and maintaining self-sufficiency, a State may use amounts paid under this section to make grants to, or enter into contracts with—
(A) organizations operated for profit or not for profit, for the purpose of training and employing disadvantaged adults and youths in construction, rehabilitation, or improvement of affordable housing, public infrastructure, and community facilities; and
(B) nonprofit organizations and community or junior colleges, for the purpose of enabling such entities to provide short-term training courses in entrepreneurism and self-employment, and other training that will promote individual self-sufficiency and the interests of the community.
(3) A State may use amounts paid under this section to make grants to, or enter into contracts with, nonprofit community-based organizations to enable such organizations to provide activities designed to promote and protect the interests of children and families, outside of school hours, including keeping schools open during evenings and weekends for mentoring and study.
(4) In order to assist disadvantaged adults and youths in achieving and maintaining economic self-support, a State may use amounts paid under this section to—
(A) fund services designed to promote community and economic development in qualified empowerment zones and qualified enterprise communities, such as skills training, job counseling, transportation services, housing counseling, financial management, and business counseling;
(B) assist in emergency and transitional shelter for disadvantaged families and individuals; or
(C) support programs that promote home ownership, education, or other routes to economic independence for low-income families and individuals.
(c) Use of grants
(1) In generalSubject to subsection (d) of this section, each State that receives a grant under this section with respect to an area shall use the grant—
(A) for services directed only at the goals set forth in paragraphs (1), (2), and (3) of section 1397 of this title;
(B) in accordance with the strategic plan for the area; and
(C) for activities that benefit residents of the area for which the grant is made.
(2) Technical assistance
(d) Remittance of certain amounts
(1) Portion of grant upon termination of designation
(2) Amounts paid to the States and not obligated within 2 years
(e) Reallocation of remaining funds
(1) Remitted amounts
(2) Amounts not paid to the States
(f) DefinitionsAs used in this section:
(1) Qualified empowerment zoneThe term “qualified empowerment zone” means, with respect to a State, an area—
(A) which has been designated (other than by the Secretary of the Interior) as an empowerment zone under part I of subchapter U of chapter 1 of the Internal Revenue Code of 1986;
(B) with respect to which the designation is in effect;
(C) the strategic plan for which is a qualified plan; and
(D) part or all of which is in the State.
(2) Qualified enterprise communityThe term “qualified enterprise community” means, with respect to a State, an area—
(A) which has been designated (other than by the Secretary of the Interior) as an enterprise community under part I of subchapter U of chapter 1 of the Internal Revenue Code of 1986;
(B) with respect to which the designation is in effect;
(C) the strategic plan for which is a qualified plan; and
(D) part or all of which is in the State.
(3) Strategic plan
(4) Qualified planThe term “qualified plan” means, with respect to an area, a plan that—
(A) includes a detailed description of the activities proposed for the area that are to be funded with amounts provided under this section;
(B) contains a commitment that the amounts provided under this section to any State for the area will not be used to supplant Federal or non-Federal funds for services and activities which promote the purposes of this section;
(C) was developed in cooperation with the local government or governments with jurisdiction over the area; and
(D) to the extent that any State will not use the amounts provided under this section for the area in the manner described in subsection (b), explains the reasons why not.
(5) Rural area
(6) Urban area
(Aug. 14, 1935, ch. 531, title XX, § 2007, as added Pub. L. 103–66, title XIII, § 13761, Aug. 10, 1993, 107 Stat. 664; amended Pub. L. 103–432, title II, § 263, Oct. 31, 1994, 108 Stat. 4467.)
§ 1397g. Demonstration projects to address health professions workforce needs
(a) Demonstration projects to provide low-income individuals with opportunities for education, training, and career advancement to address health professions workforce needs
(1) Authority to award grants
(2) Requirements
(A) Aid and supportive services
(i) In general
(ii) Treatment
(B) Consultation and coordination
(C) Assurance of opportunities for Indian populations
(3) Reports and evaluation
(A) Eligible entities
(B) Evaluation
(C) Report to Congress
(4) DefinitionsIn this subsection:
(A) Eligible entity
(B) Eligible individual
(i) In general
(ii) Other low-income individuals
(C) Indian tribe; tribal organization
(D) Institution of higher education
(E) State
(F) State TANF program
(G) Tribal College or University
(b) Demonstration project to develop training and certification programs for personal or home care aides
(1) Authority to award grantsNot later than 18 months after March 23, 2010, the Secretary shall award grants to eligible entities that are States to conduct demonstration projects for purposes of developing core training competencies and certification programs for personal or home care aides. The Secretary shall—
(A) evaluate the efficacy of the core training competencies described in paragraph (3)(A) for newly hired personal or home care aides and the methods used by States to implement such core training competencies in accordance with the issues specified in paragraph (3)(B); and
(B) ensure that the number of hours of training provided by States under the demonstration project with respect to such core training competencies are not less than the number of hours of training required under any applicable State or Federal law or regulation.
(2) Duration
(3) Core training competencies for personal or home care aides
(A) In generalThe core training competencies for personal or home care aides described in this subparagraph include competencies with respect to the following areas:
(i) The role of the personal or home care aide (including differences between a personal or home care aide employed by an agency and a personal or home care aide employed directly by the health care consumer or an independent provider).
(ii) Consumer rights, ethics, and confidentiality (including the role of proxy decision-makers in the case where a health care consumer has impaired decision-making capacity).
(iii) Communication, cultural and linguistic competence and sensitivity, problem solving, behavior management, and relationship skills.
(iv) Personal care skills.
(v) Health care support.
(vi) Nutritional support.
(vii) Infection control.
(viii) Safety and emergency training.
(ix) Training specific to an individual consumer’s needs (including older individuals, younger individuals with disabilities, individuals with developmental disabilities, individuals with dementia, and individuals with mental and behavioral health needs).
(x) Self-Care.
(B) ImplementationThe implementation issues specified in this subparagraph include the following:
(i) The length of the training.
(ii) The appropriate trainer to student ratio.
(iii) The amount of instruction time spent in the classroom as compared to on-site in the home or a facility.
(iv) Trainer qualifications.
(v) Content for a “hands-on” and written certification exam.
(vi) Continuing education requirements.
(4) Application and selection criteria
(A) In general
(i) Number of States
(ii) Requirements for StatesAn agreement entered into under clause (i) shall require that a participating State—(I) implement the core training competencies described in paragraph (3)(A); and(II) develop written materials and protocols for such core training competencies, including the development of a certification test for personal or home care aides who have completed such training competencies.
(iii) Consultation and collaboration with community and vocational colleges
(B) Application and eligibilityA State seeking to participate in the project shall—
(i) submit an application to the Secretary containing such information and at such time as the Secretary may specify;
(ii) meet the selection criteria established under subparagraph (C); and
(iii) meet such additional criteria as the Secretary may specify.
(C) Selection criteriaIn selecting States to participate in the program, the Secretary shall establish criteria to ensure (if applicable with respect to the activities involved)—
(i) geographic and demographic diversity;
(ii) that participating States offer medical assistance for personal care services under the State Medicaid plan;
(iii) that the existing training standards for personal or home care aides in each participating State—(I) are different from such standards in the other participating States; and(II) are different from the core training competencies described in paragraph (3)(A);
(iv) that participating States do not reduce the number of hours of training required under applicable State law or regulation after being selected to participate in the project; and
(v) that participating States recruit a minimum number of eligible health and long-term care providers to participate in the project.
(D) Technical assistance
(5) Evaluation and report
(A) EvaluationThe Secretary shall develop an experimental or control group testing protocol in consultation with an independent evaluation contractor selected by the Secretary. Such contractor shall evaluate—
(i) the impact of core training competencies described in paragraph (3)(A), including curricula developed to implement such core training competencies, for personal or home care aides within each participating State on job satisfaction, mastery of job skills, beneficiary and family caregiver satisfaction with services, and additional measures determined by the Secretary in consultation with the expert panel;
(ii) the impact of providing such core training competencies on the existing training infrastructure and resources of States; and
(iii) whether a minimum number of hours of initial training should be required for personal or home care aides and, if so, what minimum number of hours should be required.
(B) Reports
(i) Report on initial implementation
(ii) Final report
(6) DefinitionsIn this subsection:
(A) Eligible health and long-term care providerThe term “eligible health and long-term care provider” means a personal or home care agency (including personal or home care public authorities), a nursing home, a home health agency (as defined in section 1395x(o) of this title), or any other health care provider the Secretary determines appropriate which—
(i) is licensed or authorized to provide services in a participating State; and
(ii) receives payment for services under subchapter XIX.
(B) Personal care services
(C) Personal or home care aide
(D) State
(c) Funding
(1) In general
(2) Training and certification programs for personal and home care aides
(d) Nonapplication
(1) In general
(2) Limitations on use of grants
(Aug. 14, 1935, ch. 531, title XX, § 2008, as added and amended Pub. L. 111–148, title V, § 5507(a), title VI, § 6703(d)(1)(B), Mar. 23, 2010, 124 Stat. 663, 803; Pub. L. 113–93, title II, § 208, Apr. 1, 2014, 128 Stat. 1046; Pub. L. 113–128, title V, § 512(dd)(4), July 22, 2014, 128 Stat. 1718; Pub. L. 114–10, title II, § 217, Apr. 16, 2015, 129 Stat. 153; Pub. L. 115–123, div. E, title VI, § 50611, Feb. 9, 2018, 132 Stat. 232.)
§ 1397h. Program for early detection of certain medical conditions related to environmental health hazards
(a) Program establishmentThe Secretary shall establish a program in accordance with this section to make competitive grants to eligible entities specified in subsection (b) for the purpose of—
(1) screening at-risk individuals (as defined in subsection (c)(1)) for environmental health conditions (as defined in subsection (c)(3)); and
(2) developing and disseminating public information and education concerning—
(A) the availability of screening under the program under this section;
(B) the detection, prevention, and treatment of environmental health conditions; and
(C) the availability of Medicare benefits for certain individuals diagnosed with environmental health conditions under section 1395rr–1 of this title.
(b) Eligible entities
(1) In general
(2) Types of eligible entitiesThe entities described in this paragraph are the following:
(A) A hospital or community health center.
(B) A Federally qualified health center.
(C) A facility of the Indian Health Service.
(D) A National Cancer Institute-designated cancer center.
(E) An agency of any State or local government.
(F) A nonprofit organization.
(G) Any other entity the Secretary determines appropriate.
(c) DefinitionsIn this section:
(1) At-risk individualThe term “at-risk individual” means an individual who—
(A)
(i) as demonstrated in such manner as the Secretary determines appropriate, has been present for an aggregate total of 6 months in the geographic area subject to an emergency declaration specified under paragraph (2), during a period ending—(I) not less than 10 years prior to the date of such individual’s application under subparagraph (B); and(II) prior to the implementation of all the remedial and removal actions specified in the Record of Decision for Operating Unit 4 and the Record of Decision for Operating Unit 7; or
(ii) meets such other criteria as the Secretary determines appropriate considering the type of environmental health condition at issue; and
(B) has submitted an application (or has an application submitted on the individual’s behalf), to an eligible entity receiving a grant under this section, for screening under the program under this section.
(2) Emergency declaration
(3) Environmental health conditionThe term “environmental health condition” means—
(A) asbestosis, pleural thickening, or pleural plaques, as established by—
(i) interpretation by a “B Reader” qualified physician of a plain chest x-ray or interpretation of a computed tomographic radiograph of the chest by a qualified physician, as determined by the Secretary; or
(ii) such other diagnostic standards as the Secretary specifies;
(B) mesothelioma, or malignancies of the lung, colon, rectum, larynx, stomach, esophagus, pharynx, or ovary, as established by—
(i) pathologic examination of biopsy tissue;
(ii) cytology from bronchioalveolar lavage; or
(iii) such other diagnostic standards as the Secretary specifies; and
(C) any other medical condition which the Secretary determines is caused by exposure to a hazardous substance or pollutant or contaminant at a Superfund site to which an emergency declaration applies, based on such criteria and as established by such diagnostic standards as the Secretary specifies.
(4) Hazardous substance; pollutant; contaminant
(5) Superfund site
(d) Health coverage unaffected
(e) Funding
(1) In generalOut of any funds in the Treasury not otherwise appropriated, there are appropriated to the Secretary, to carry out the program under this section—
(A) $23,000,000 for the period of fiscal years 2010 through 2014; and
(B) $20,000,000 for each 5-fiscal year period thereafter.
(2) Availability
(f) Nonapplication
(1) In general
(2) Limitations on use of grants
(Aug. 14, 1935, ch. 531, title XX, § 2009, as added Pub. L. 111–148, title X, § 10323(b), Mar. 23, 2010, 124 Stat. 957.)
§ 1397i. Additional funding for aging and disability services programs
(a) Appropriation
(b) Use of funds
Of the amounts made available by subsection (a)—
(1) $88,000,000 shall be made available to carry out the programs described in division B of this subchapter in fiscal year 2021, of which not less than an amount equal to $100,0000,000 minus the amount previously provided in fiscal year 2021 to carry out section 1397m–1(b) of this title shall be made available to carry out such section; and
(2) $188,000,000 shall be made available to carry out the programs described in division B of this subchapter in fiscal year 2022, of which not less than $100,000,000 shall be for activities described in section 1397m–1(b) of this title.
(Aug. 14, 1935, ch. 531, title XX, § 2010, as added Pub. L. 117–2, title IX, § 9301, Mar. 11, 2021, 135 Stat. 126.)
§ 1397j. DefinitionsIn this division:
(1) Abuse
(2) Adult protective servicesThe term “adult protective services” means such services provided to adults as the Secretary may specify and includes services such as—
(A) receiving reports of adult abuse, neglect, or exploitation;
(B) investigating the reports described in subparagraph (A);
(C) case planning, monitoring, evaluation, and other case work and services; and
(D) providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services.
(3) Caregiver
(4) Direct care
(5) Elder
(6) Elder justiceThe term “elder justice” means—
(A) from a societal perspective, efforts to—
(i) prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation; and
(ii) protect elders with diminished capacity while maximizing their autonomy; and
(B) from an individual perspective, the recognition of an elder’s rights, including the right to be free of abuse, neglect, and exploitation.
(7) Eligible entity
(8) Exploitation
(9) FiduciaryThe term “fiduciary”—
(A) means a person or entity with the legal responsibility—
(i) to make decisions on behalf of and for the benefit of another person; and
(ii) to act in good faith and with fairness; and
(B) includes a trustee, a guardian, a conservator, an executor, an agent under a financial power of attorney or health care power of attorney, or a representative payee.
(10) Grant
(11) GuardianshipThe term “guardianship” means—
(A) the process by which a State court determines that an adult individual lacks capacity to make decisions about self-care or property, and appoints another individual or entity known as a guardian, as a conservator, or by a similar term, as a surrogate decisionmaker;
(B) the manner in which the court-appointed surrogate decisionmaker carries out duties to the individual and the court; or
(C) the manner in which the court exercises oversight of the surrogate decisionmaker.
(12) Indian tribe
(A) In general
(B) Inclusion of Pueblo and Rancheria
(13) Law enforcementThe term “law enforcement” means the full range of potential responders to elder abuse, neglect, and exploitation including—
(A) police, sheriffs, detectives, public safety officers, and corrections personnel;
(B) prosecutors;
(C) medical examiners;
(D) investigators; and
(E) coroners.
(14) Long-term care
(A) In general
(B) Loss of capacity for self-care
(15) Long-term care facility
(16) NeglectThe term “neglect” means—
(A) the failure of a caregiver or fiduciary to provide the goods or services that are necessary to maintain the health or safety of an elder; or
(B) self-neglect.
(17) Nursing facility
(A) In general
(B) Inclusion of skilled nursing facility
(18) Self-neglectThe term “self-neglect” means an adult’s inability, due to physical or mental impairment or diminished capacity, to perform essential self-care tasks including—
(A) obtaining essential food, clothing, shelter, and medical care;
(B) obtaining goods and services necessary to maintain physical health, mental health, or general safety; or
(C) managing one’s own financial affairs.
(19) Serious bodily injury
(A) In generalThe term “serious bodily injury” means an injury—
(i) involving extreme physical pain;
(ii) involving substantial risk of death;
(iii) involving protracted loss or impairment of the function of a bodily member, organ, or mental faculty; or
(iv) requiring medical intervention such as surgery, hospitalization, or physical rehabilitation.
(B) Criminal sexual abuse
(20) Social
(21) State legal assistance developer
(22) State Long-Term Care Ombudsman
(Aug. 14, 1935, ch. 531, title XX, § 2011, as added Pub. L. 111–148, title VI, § 6703(a)(1)(C), Mar. 23, 2010, 124 Stat. 782.)
§ 1397j–1. General provisions
(a) Protection of privacy
(b) Rule of construction
Nothing in this division shall be construed to interfere with or abridge an elder’s right to practice his or her religion through reliance on prayer alone for healing when this choice—
(1) is contemporaneously expressed, either orally or in writing, with respect to a specific illness or injury which the elder has at the time of the decision by an elder who is competent at the time of the decision;
(2) is previously set forth in a living will, health care proxy, or other advance directive document that is validly executed and applied under State law; or
(3) may be unambiguously deduced from the elder’s life history.
(Aug. 14, 1935, ch. 531, title XX, § 2012, as added Pub. L. 111–148, title VI, § 6703(a)(1)(C), Mar. 23, 2010, 124 Stat. 785.)
§ 1397n. Purposes
The purposes of this division are the following:
(1) To improve the lives of families and individuals in need in the United States by funding social programs that achieve real results.
(2) To redirect funds away from programs that, based on objective data, are ineffective, and into programs that achieve demonstrable, measurable results.
(3) To ensure Federal funds are used effectively on social services to produce positive outcomes for both service recipients and taxpayers.
(4) To establish the use of social impact partnerships to address some of our Nation’s most pressing problems.
(5) To facilitate the creation of public-private partnerships that bundle philanthropic or other private resources with existing public spending to scale up effective social interventions already being implemented by private organizations, nonprofits, charitable organizations, and State and local governments across the country.
(6) To bring pay-for-performance to the social sector, allowing the United States to improve the impact and effectiveness of vital social services programs while redirecting inefficient or duplicative spending.
(7) To incorporate outcomes measurement and randomized controlled trials or other rigorous methodologies for assessing program impact.
(Aug. 14, 1935, ch. 531, title XX, § 2051, as added Pub. L. 115–123, div. E, title VIII, § 50802(2), Feb. 9, 2018, 132 Stat. 269.)
§ 1397n–1. Social impact partnership application
(a) Notice
(b) Required outcomes for social impact partnership projectTo qualify as a social impact partnership project under this division, a project must produce one or more measurable, clearly defined outcomes that result in social benefit and Federal, State, or local savings through any of the following:
(1) Increasing work and earnings by individuals in the United States who are unemployed for more than 6 consecutive months.
(2) Increasing employment and earnings of individuals who have attained 16 years of age but not 25 years of age.
(3) Increasing employment among individuals receiving Federal disability benefits.
(4) Reducing the dependence of low-income families on Federal means-tested benefits.
(5) Improving rates of high school graduation.
(6) Reducing teen and unplanned pregnancies.
(7) Improving birth outcomes and early childhood health and development among low-income families and individuals.
(8) Reducing rates of asthma, diabetes, or other preventable diseases among low-income families and individuals to reduce the utilization of emergency and other high-cost care.
(9) Increasing the proportion of children living in two-parent families.
(10) Reducing incidences and adverse consequences of child abuse and neglect.
(11) Reducing the number of youth in foster care by increasing adoptions, permanent guardianship arrangements, reunifications, or placements with a fit and willing relative, or by avoiding placing children in foster care by ensuring they can be cared for safely in their own homes.
(12) Reducing the number of children and youth in foster care residing in group homes, child care institutions, agency-operated foster homes, or other non-family foster homes, unless it is determined that it is in the interest of the child’s long-term health, safety, or psychological well-being to not be placed in a family foster home.
(13) Reducing the number of children returning to foster care.
(14) Reducing recidivism among juvenile offenders, individuals released from prison, or other high-risk populations.
(15) Reducing the rate of homelessness among our most vulnerable populations.
(16) Improving the health and well-being of those with mental, emotional, and behavioral health needs.
(17) Improving the educational outcomes of special-needs or low-income children.
(18) Improving the employment and well-being of returning United States military members.
(19) Increasing the financial stability of low-income families.
(20) Increasing the independence and employability of individuals who are physically or mentally disabled.
(21) Other measurable outcomes defined by the State or local government that result in positive social outcomes and Federal savings.
(c) Application requiredThe notice described in subsection (a) shall require a State or local government to submit an application for the social impact partnership project that addresses the following:
(1) The outcome goals of the project.
(2) A description of each intervention in the project and anticipated outcomes of the intervention.
(3) Rigorous evidence demonstrating that the intervention can be expected to produce the desired outcomes.
(4) The target population that will be served by the project.
(5) The expected social benefits to participants who receive the intervention and others who may be impacted.
(6) Projected Federal, State, and local government costs and other costs to conduct the project.
(7) Projected Federal, State, and local government savings and other savings, including an estimate of the savings to the Federal Government, on a program-by-program basis and in the aggregate, if the project is implemented and the outcomes are achieved as a result of the intervention.
(8) If savings resulting from the successful completion of the project are estimated to accrue to the State or local government, the likelihood of the State or local government to realize those savings.
(9) A plan for delivering the intervention through a social impact partnership model.
(10) A description of the expertise of each service provider that will administer the intervention, including a summary of the experience of the service provider in delivering the proposed intervention or a similar intervention, or demonstrating that the service provider has the expertise necessary to deliver the proposed intervention.
(11) An explanation of the experience of the State or local government, the intermediary, or the service provider in raising private and philanthropic capital to fund social service investments.
(12) The detailed roles and responsibilities of each entity involved in the project, including any State or local government entity, intermediary, service provider, independent evaluator, investor, or other stakeholder.
(13) A summary of the experience of the service provider in delivering the proposed intervention or a similar intervention, or a summary demonstrating the service provider has the expertise necessary to deliver the proposed intervention.
(14) A summary of the unmet need in the area where the intervention will be delivered or among the target population who will receive the intervention.
(15) The proposed payment terms, the methodology used to calculate outcome payments, the payment schedule, and performance thresholds.
(16) The project budget.
(17) The project timeline.
(18) The criteria used to determine the eligibility of an individual for the project, including how selected populations will be identified, how they will be referred to the project, and how they will be enrolled in the project.
(19) The evaluation design.
(20) The metrics that will be used in the evaluation to determine whether the outcomes have been achieved as a result of the intervention and how the metrics will be measured.
(21) An explanation of how the metrics used in the evaluation to determine whether the outcomes achieved as a result of the intervention are independent, objective indicators of impact and are not subject to manipulation by the service provider, intermediary, or investor.
(22) A summary explaining the independence of the evaluator from the other entities involved in the project and the evaluator’s experience in conducting rigorous evaluations of program effectiveness including, where available, well-implemented randomized controlled trials on the intervention or similar interventions.
(23) The capacity of the service provider to deliver the intervention to the number of participants the State or local government proposes to serve in the project.
(24) A description of whether and how the State or local government and service providers plan to sustain the intervention, if it is timely and appropriate to do so, to ensure that successful interventions continue to operate after the period of the social impact partnership.
(d) Project intermediary information requiredThe application described in subsection (c) shall also contain the following information about any intermediary for the social impact partnership project (whether an intermediary is a service provider or other entity):
(1) Experience and capacity for providing or facilitating the provision of the type of intervention proposed.
(2) The mission and goals.
(3) Information on whether the intermediary is already working with service providers that provide this intervention or an explanation of the capacity of the intermediary to begin working with service providers to provide the intervention.
(4) Experience working in a collaborative environment across government and nongovernmental entities.
(5) Previous experience collaborating with public or private entities to implement evidence-based programs.
(6) Ability to raise or provide funding to cover operating costs (if applicable to the project).
(7) Capacity and infrastructure to track outcomes and measure results, including—
(A) capacity to track and analyze program performance and assess program impact; and
(B) experience with performance-based awards or performance-based contracting and achieving project milestones and targets.
(8) Role in delivering the intervention.
(9) How the intermediary would monitor program success, including a description of the interim benchmarks and outcome measures.
(e) Feasibility studies funded through other sources
(Aug. 14, 1935, ch. 531, title XX, § 2052, as added Pub. L. 115–123, div. E, title VIII, § 50802(2), Feb. 9, 2018, 132 Stat. 270.)
§ 1397n–2. Awarding social impact partnership agreements
(a) Timeline in awarding agreement
(b) Considerations in awarding agreement
In determining whether to enter into an agreement for a social impact partnership project (the application for which was submitted under section 1397n–1 of this title) the Secretary, in consultation with the Federal Interagency Council on Social Impact Partnerships and the head of any Federal agency administering a similar intervention or serving a population similar to that served by the project, shall consider each of the following:
(1) The recommendations made by the Commission on Social Impact Partnerships.
(2) The value to the Federal Government of the outcomes expected to be achieved if the outcomes specified in the agreement are achieved as a result of the intervention.
(3) The likelihood, based on evidence provided in the application and other evidence, that the State or local government in collaboration with the intermediary and the service providers will achieve the outcomes.
(4) The savings to the Federal Government if the outcomes specified in the agreement are achieved as a result of the intervention.
(5) The savings to the State and local governments if the outcomes specified in the agreement are achieved as a result of the intervention.
(6) The expected quality of the evaluation that would be conducted with respect to the agreement.
(7) The capacity and commitment of the State or local government to sustain the intervention, if appropriate and timely and if the intervention is successful, beyond the period of the social impact partnership.
(c) Agreement authority
(1) Agreement requirements
In accordance with this section, the Secretary, in consultation with the Federal Interagency Council on Social Impact Partnerships and the head of any Federal agency administering a similar intervention or serving a population similar to that served by the project, may enter into an agreement for a social impact partnership project with a State or local government if the Secretary, in consultation with the Federal Interagency Council on Social Impact Partnerships, determines that each of the following requirements are met:
(A) The State or local government agrees to achieve one or more outcomes as a result of the intervention, as specified in the agreement and validated by independent evaluation, in order to receive payment.
(B) The Federal payment to the State or local government for each specified outcome achieved as a result of the intervention is less than or equal to the value of the outcome to the Federal Government over a period not to exceed 10 years, as determined by the Secretary, in consultation with the State or local government.
(C) The duration of the project does not exceed 10 years.
(D) The State or local government has demonstrated, through the application submitted under section 1397n–1 of this title, that, based on prior rigorous experimental evaluations or rigorous quasi-experimental studies, the intervention can be expected to achieve each outcome specified in the agreement.
(E) The State, local government, intermediary, or service provider has experience raising private or philanthropic capital to fund social service investments (if applicable to the project).
(F) The State or local government has shown that each service provider has experience delivering the intervention, a similar intervention, or has otherwise demonstrated the expertise necessary to deliver the intervention.
(2) Payment
(d) Notice of Agreement Award
Not later than 30 days after entering into an agreement under this section the Secretary shall publish a notice in the Federal Register that includes, with regard to the agreement, the following:
(1) The outcome goals of the social impact partnership project.
(2) A description of each intervention in the project.
(3) The target population that will be served by the project.
(4) The expected social benefits to participants who receive the intervention and others who may be impacted.
(5) The detailed roles, responsibilities, and purposes of each Federal, State, or local government entity, intermediary, service provider, independent evaluator, investor, or other stakeholder.
(6) The payment terms, the methodology used to calculate outcome payments, the payment schedule, and performance thresholds.
(7) The project budget.
(8) The project timeline.
(9) The project eligibility criteria.
(10) The evaluation design.
(11) The metrics that will be used in the evaluation to determine whether the outcomes have been achieved as a result of each intervention and how these metrics will be measured.
(12) The estimate of the savings to the Federal, State, and local government, on a program-by-program basis and in the aggregate, if the agreement is entered into and implemented and the outcomes are achieved as a result of each intervention.
(e) Authority to transfer administration of agreement
(f) Requirement on funding used to benefit children
(Aug. 14, 1935, ch. 531, title XX, § 2053, as added Pub. L. 115–123, div. E, title VIII, § 50802(2), Feb. 9, 2018, 132 Stat. 273.)
§ 1397n–3. Feasibility study funding
(a) Requests for funding for feasibility studies
The Secretary shall reserve a portion of the amount made available to carry out this division to assist States or local governments in developing feasibility studies to apply for social impact partnership funding under section 1397n–1 of this title. To be eligible to receive funding to assist with completing a feasibility study, a State or local government shall submit an application for feasibility study funding addressing the following:
(1) A description of the outcome goals of the social impact partnership project.
(2) A description of the intervention, including anticipated program design, target population, an estimate regarding the number of individuals to be served, and setting for the intervention.
(3) Evidence to support the likelihood that the intervention will produce the desired outcomes.
(4) A description of the potential metrics to be used.
(5) The expected social benefits to participants who receive the intervention and others who may be impacted.
(6) Estimated costs to conduct the project.
(7) Estimates of Federal, State, and local government savings and other savings if the project is implemented and the outcomes are achieved as a result of each intervention.
(8) An estimated timeline for implementation and completion of the project, which shall not exceed 10 years.
(9) With respect to a project for which the State or local government selects an intermediary to operate the project, any partnerships needed to successfully execute the project and the ability of the intermediary to foster the partnerships.
(10) The expected resources needed to complete the feasibility study for the State or local government to apply for social impact partnership funding under section 1397n–1 of this title.
(b) Federal selection of applications for feasibility study
Not later than 6 months after receiving an application for feasibility study funding under subsection (a), the Secretary, in consultation with the Federal Interagency Council on Social Impact Partnerships and the head of any Federal agency administering a similar intervention or serving a population similar to that served by the project, shall select State or local government feasibility study proposals for funding based on the following:
(1) The recommendations made by the Commission on Social Impact Partnerships.
(2) The likelihood that the proposal will achieve the desired outcomes.
(3) The value of the outcomes expected to be achieved as a result of each intervention.
(4) The potential savings to the Federal Government if the social impact partnership project is successful.
(5) The potential savings to the State and local governments if the project is successful.
(c) Public disclosure
(d) Funding restriction
(1) Feasibility study restriction
(2) Aggregate restriction
(3) No guarantee of funding
(e) Submission of feasibility study required
(f) Delegation of authority
(Aug. 14, 1935, ch. 531, title XX, § 2054, as added Pub. L. 115–123, div. E, title VIII, § 50802(2), Feb. 9, 2018, 132 Stat. 275.)
§ 1397n–4. Evaluations
(a) Authority to enter into agreements
(b) Evaluator qualifications
(c) Methodologies to be used
(d) Progress report
(1) Submission of report
The independent evaluator shall—
(A) not later than 2 years after a project has been approved by the Secretary and biannually thereafter until the project is concluded, submit to the head of the relevant agency and the Federal Interagency Council on Social Impact Partnerships a written report summarizing the progress that has been made in achieving each outcome specified in the agreement; and
(B) before the scheduled time of the first outcome payment and before the scheduled time of each subsequent payment, submit to the head of the relevant agency and the Federal Interagency Council on Social Impact Partnerships a written report that includes the results of the evaluation conducted to determine whether an outcome payment should be made along with information on the unique factors that contributed to achieving or failing to achieve the outcome, the challenges faced in attempting to achieve the outcome, and information on the improved future delivery of this or similar interventions.
(2) Submission to the Secretary and Congress
(e) Final report
(1) Submission of report
Within 6 months after the social impact partnership project is completed, the independent evaluator shall—
(A) evaluate the effects of the activities undertaken pursuant to the agreement with regard to each outcome specified in the agreement; and
(B) submit to the head of the relevant agency and the Federal Interagency Council on Social Impact Partnerships a written report that includes the results of the evaluation and the conclusion of the evaluator as to whether the State or local government has fulfilled each obligation of the agreement, along with information on the unique factors that contributed to the success or failure of the project, the challenges faced in attempting to achieve the outcome, and information on the improved future delivery of this or similar interventions.
(2) Submission to the Secretary and Congress
(f) Limitation on cost of evaluations
(g) Delegation of authority
(Aug. 14, 1935, ch. 531, title XX, § 2055, as added Pub. L. 115–123, div. E, title VIII, § 50802(2), Feb. 9, 2018, 132 Stat. 276.)
§ 1397n–5. Federal Interagency Council on Social Impact Partnerships
(a) Establishment
There is established the Federal Interagency Council on Social Impact Partnerships (in this section referred to as the “Council”) to—
(1) coordinate with the Secretary on the efforts of social impact partnership projects funded under this division;
(2) advise and assist the Secretary in the development and implementation of the projects;
(3) advise the Secretary on specific programmatic and policy matter related to the projects;
(4) provide subject-matter expertise to the Secretary with regard to the projects;
(5) certify to the Secretary that each State or local government that has entered into an agreement with the Secretary for a social impact partnership project under this division and each evaluator selected by the head of the relevant agency under section 1397n–4 of this title has access to Federal administrative data to assist the State or local government and the evaluator in evaluating the performance and outcomes of the project;
(6) address issues that will influence the future of social impact partnership projects in the United States;
(7) provide guidance to the executive branch on the future of social impact partnership projects in the United States;
(8) prior to approval by the Secretary, certify that each State and local government application for a social impact partnership contains rigorous, independent data and reliable, evidence-based research methodologies to support the conclusion that the project will yield savings to the State or local government or the Federal Government if the project outcomes are achieved;
(9) certify to the Secretary, in the case of each approved social impact partnership that is expected to yield savings to the Federal Government, that the project will yield a projected savings to the Federal Government if the project outcomes are achieved, and coordinate with the relevant Federal agency to produce an after-action accounting once the project is complete to determine the actual Federal savings realized, and the extent to which actual savings aligned with projected savings; and
(10) provide periodic reports to the Secretary and make available reports periodically to Congress and the public on the implementation of this division.
(b) Composition of Council
The Council shall have 11 members, as follows:
(1) Chair
(2) Other members
The head of each of the following entities shall designate one officer or employee of the entity to be a Council member:
(A) The Department of Labor.
(B) The Department of Health and Human Services.
(C) The Social Security Administration.
(D) The Department of Agriculture.
(E) The Department of Justice.
(F) The Department of Housing and Urban Development.
(G) The Department of Education.
(H) The Department of Veterans Affairs.
(I) The Department of the Treasury.
(J) The Corporation for National and Community Service.
(Aug. 14, 1935, ch. 531, title XX, § 2056, as added Pub. L. 115–123, div. E, title VIII, § 50802(2), Feb. 9, 2018, 132 Stat. 278.)
§ 1397n–6. Commission on Social Impact Partnerships
(a) Establishment
(b) Duties
The duties of the Commission shall be to—
(1) assist the Secretary and the Federal Interagency Council on Social Impact Partnerships in reviewing applications for funding under this division;
(2) make recommendations to the Secretary and the Federal Interagency Council on Social Impact Partnerships regarding the funding of social impact partnership agreements and feasibility studies; and
(3) provide other assistance and information as requested by the Secretary or the Federal Interagency Council on Social Impact Partnerships.
(c) Composition
The Commission shall be composed of nine members, of whom—
(1) one shall be appointed by the President, who will serve as the Chair of the Commission;
(2) one shall be appointed by the Majority Leader of the Senate;
(3) one shall be appointed by the Minority Leader of the Senate;
(4) one shall be appointed by the Speaker of the House of Representatives;
(5) one shall be appointed by the Minority Leader of the House of Representatives;
(6) one shall be appointed by the Chairman of the Committee on Finance of the Senate;
(7) one shall be appointed by the ranking member of the Committee on Finance of the Senate;
(8) one member shall be appointed by the Chairman of the Committee on Ways and Means of the House of Representatives; and
(9) one shall be appointed by the ranking member of the Committee on Ways and Means of the House of Representatives.
(d) Qualifications of Commission members
The members of the Commission shall—
(1) be experienced in finance, economics, pay for performance, or program evaluation;
(2) have relevant professional or personal experience in a field related to one or more of the outcomes listed in this division; or
(3) be qualified to review applications for social impact partnership projects to determine whether the proposed metrics and evaluation methodologies are appropriately rigorous and reliant upon independent data and evidence-based research.
(e) Timing of appointments
(f) Term of appointments
(1) In general
The members appointed under subsection (c) shall serve as follows:
(A) Three members shall serve for 2 years.
(B) Three members shall serve for 3 years.
(C) Three members (one of which shall be Chair of the Commission appointed by the President) shall serve for 4 years.
(2) Assignment of terms
(g) Vacancies
(h) Appointment power
(Aug. 14, 1935, ch. 531, title XX, § 2057, as added Pub. L. 115–123, div. E, title VIII, § 50802(2), Feb. 9, 2018, 132 Stat. 279.)
§ 1397n–7. Limitation on use of funds
Of the amounts made available to carry out this division, the Secretary may not use more than $2,000,000 in any fiscal year to support the review, approval, and oversight of social impact partnership projects, including activities conducted by—
(1) the Federal Interagency Council on Social Impact Partnerships; and
(2) any other agency consulted by the Secretary before approving a social impact partnership project or a feasibility study under section 1397n–3 of this title.
(Aug. 14, 1935, ch. 531, title XX, § 2058, as added Pub. L. 115–123, div. E, title VIII, § 50802(2), Feb. 9, 2018, 132 Stat. 280.)
§ 1397n–8. No Federal funding for credit enhancements
No amount made available to carry out this division may be used to provide any insurance, guarantee, or other credit enhancement to a State or local government under which a Federal payment would be made to a State or local government as the result of a State or local government failing to achieve an outcome specified in an agreement.
(Aug. 14, 1935, ch. 531, title XX, § 2059, as added Pub. L. 115–123, div. E, title VIII, § 50802(2),
§ 1397n–9. Availability of funds
Amounts made available to carry out this division shall remain available until 10 years after February 9, 2018.
(Aug. 14, 1935, ch. 531, title XX, § 2060, as added Pub. L. 115–123, div. E, title VIII, § 50802(2), Feb. 9, 2018, 132 Stat. 281.)
§ 1397n–10. WebsiteThe Federal Interagency Council on Social Impact Partnerships shall establish and maintain a public website that shall display the following:
(1) A copy of, or method of accessing, each notice published regarding a social impact partnership project pursuant to this division.
(2) A copy of each feasibility study funded under this division.
(3) For each State or local government that has entered into an agreement with the Secretary for a social impact partnership project, the website shall contain the following information:
(A) The outcome goals of the project.
(B) A description of each intervention in the project.
(C) The target population that will be served by the project.
(D) The expected social benefits to participants who receive the intervention and others who may be impacted.
(E) The detailed roles, responsibilities, and purposes of each Federal, State, or local government entity, intermediary, service provider, independent evaluator, investor, or other stakeholder.
(F) The payment terms, methodology used to calculate outcome payments, the payment schedule, and performance thresholds.
(G) The project budget.
(H) The project timeline.
(I) The project eligibility criteria.
(J) The evaluation design.
(K) The metrics used to determine whether the proposed outcomes have been achieved and how these metrics are measured.
(4) A copy of the progress reports and the final reports relating to each social impact partnership project.
(5) An estimate of the savings to the Federal, State, and local government, on a program-by-program basis and in the aggregate, resulting from the successful completion of the social impact partnership project.
(Aug. 14, 1935, ch. 531, title XX, § 2061, as added Pub. L. 115–123, div. E, title VIII, § 50802(2), Feb. 9, 2018, 132 Stat. 281.)
§ 1397n–11. Regulations
The Secretary, in consultation with the Federal Interagency Council on Social Impact Partnerships, may issue regulations as necessary to carry out this division.
(Aug. 14, 1935, ch. 531, title XX, § 2062, as added Pub. L. 115–123, div. E, title VIII, § 50802(2), Feb. 9, 2018, 132 Stat. 282.)
§ 1397n–12. DefinitionsIn this division:
(1) Agency
(2) Intervention
(3) Secretary
(4) Social impact partnership project
(5) Social impact partnership modelThe term “social impact partnership model” means a method of financing social services in which—
(A) Federal funds are awarded to a State or local government only if a State or local government achieves certain outcomes agreed on by the State or local government and the Secretary; and
(B) the State or local government coordinates with service providers, investors (if applicable to the project), and (if necessary) an intermediary to identify—
(i) an intervention expected to produce the outcome;
(ii) a service provider to deliver the intervention to the target population; and
(iii) investors to fund the delivery of the intervention.
(6) State
(Aug. 14, 1935, ch. 531, title XX, § 2063, as added Pub. L. 115–123, div. E, title VIII, § 50802(2), Feb. 9, 2018, 132 Stat. 282.)
§ 1397n–13. Funding
Out of any money in the Treasury of the United States not otherwise appropriated, there is hereby appropriated $100,000,000 for fiscal year 2018 to carry out this division.
(Aug. 14, 1935, ch. 531, title XX, § 2064, as added Pub. L. 115–123, div. E, title VIII, § 50802(2), Feb. 9, 2018, 132 Stat. 282.)