Title 42The Public Health and WelfareRelease 119-73

§1397n–2 Awarding social impact partnership agreements

Title 42 › Chapter CHAPTER 7— - SOCIAL SECURITY › Subchapter SUBCHAPTER XX— - BLOCK GRANTS AND PROGRAMS FOR SOCIAL SERVICES AND ELDER JUSTICE › § 1397n–2

Last updated Apr 6, 2026|Official source

Summary

The Secretary must decide within 6 months after getting an application whether to make a social impact partnership agreement with a State or local government. Before deciding, the Secretary talks with the Federal Interagency Council on Social Impact Partnerships and with other federal agencies that run similar programs. The decision will weigh things like the Commission’s recommendations, how valuable the expected results are to the federal government, how likely the partners are to reach those results, the expected savings for federal and state or local budgets, how good the project’s evaluation will be, and whether the government can keep the program going if it works. The Secretary may make an agreement only if several rules are met: the State or local government must promise to produce specific outcomes that an independent evaluator will verify; federal payments for each outcome must not exceed that outcome’s value to the federal government over up to 10 years; the project cannot last more than 10 years; prior strong studies must show the intervention can work; parties should have experience raising private funds if needed and delivering the services. Payments are made only after the independent evaluator confirms results. Within 30 days of signing, details of the project must be published publicly. The Secretary can give another federal agency the authority and funds to run the agreement. At least 50 percent of federal payments must go to projects that directly help children.

Full Legal Text

Title 42, §1397n–2

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Not later than 6 months after receiving an application in accordance with section 1397n–1 of this title, the Secretary, in consultation with the Federal Interagency Council on Social Impact Partnerships, shall determine whether to enter into an agreement for a social impact partnership project with a State or local government.
(b)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)(1)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)The Secretary shall pay the State or local government only if the independent evaluator described in section 1397n–4 of this title determines that the social impact partnership project has met the requirements specified in the agreement and achieved an outcome as a result of the intervention, as specified in the agreement and validated by independent evaluation.
(d)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)The Secretary may transfer to the head of another Federal agency the authority to administer (including making payments under) an agreement entered into under subsection (c), and any funds necessary to do so.
(f)Not less than 50 percent of all Federal payments made to carry out agreements under this section shall be used for initiatives that directly benefit children.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1397n–2

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73