Sec. 6. Tier 2 of pilot program
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The Secretary may carry out Tier 2 of the pilot program, including by publishing in the Federal Register a request for proposals from eligible entities to conduct VISIT pay for results projects under Tier 2 of the pilot program, if the Secretary certifies that a reasonable number of eligible entities could provide rigorous evidence demonstrating that the interventions of such projects can be expected to produce desired outcomes. In making a certification under paragraph (1), the Secretary shall consider— an analysis of the number of eligible entities that could provide rigorous evidence described such paragraph; and whether an analysis of the final results of VISIT pay for results projects under Tier 1 of the pilot program is necessary to inform such certification.
Section 5(b) shall apply with respect to Tier 2 of the pilot program. The notice published under subsection
(a)shall require an eligible entity seeking to participate in Tier 2 of the pilot program to submit to the Secretary, not later than 180 days after the date of such publication, an application for a VISIT pay for results project under Tier 2 of the pilot program that addresses each element under section 5(c), except that, with respect to paragraph
(7)of such section, an application shall include rigorous evidence demonstrating that the intervention of the project can be expected to produce the desired outcome or outcomes. Not later than 90 days after the deadline for applications under subsection
(c)has expired, the Secretary, in consultation with the Federal Interagency Council on Social Impact Partnerships and the Secretary of Defense, shall enter into an agreement with one or more eligible entities to participate in Tier 2 of the pilot program. The Secretary is encouraged to enter into agreements under paragraph
(1)with a number of eligible entities that is at least half of the number of eligible entities that participated under Tier 1 of the pilot program. In determining whether to enter into an agreement with an eligible entity under paragraph (1), the Secretary shall— seek to ensure geographic diversity among selected entities as described in subparagraph
(A)of section 5(d)(3); and consider the elements under subparagraph
(B)of such section. The Secretary may enter into an agreement with an eligible entity under paragraph
(1)if the Secretary determines that each of the following requirements are met: The eligible entity agrees to achieve one or more outcomes as a result of the project, as specified in the agreement and validated by independent evaluation, in order to receive payment. Such outcomes shall be significant metrics closely correlated with intervention under the project. Payment from the Federal Government to the eligible entity for each specified outcome achieved as a result of the project will be less than or equal to the value of the outcome to the Federal Government over a period not to exceed ten years, as determined by the Secretary, in consultation with the eligible entity. Based on prior rigorous experimental evaluations or rigorous quasi-experimental studies, the project can be expected to achieve each outcome specified in the agreement. The project will begin not later than one year after the eligible entity has entered into the agreement with the Secretary. The duration of the project will not exceed seven years. The eligible entity has shown that it has experience delivering the intervention used in the project, a similar intervention, or has otherwise demonstrated the capability necessary to deliver the intervention. The project will use participants to implement the project. The eligible entity has made such other assurances as the Secretary may require. Section 5(e) shall apply with respect to Tier 2 of the pilot program. Not later than 180 days after the date on which an eligible entity enters into an agreement with the Secretary under subsection
(a)for a VISIT pay for results project under Tier 2 of the pilot program, the entity shall provide to the Secretary a plan demonstrating that the entity— has the capability to fully fund the up-front costs of the project, with or without funds from partner investors or philanthropic entities; and will have the funds described in subparagraph
(A)available and reserved for the project not later than one year after the date of such agreement. The Secretary may terminate an agreement entered into under subsection
(a)with an eligible entity for a VISIT pay for results project under Tier 2 of the pilot program if— the Secretary determines that the eligible entity is not likely to have the capability to fully fund the up-front costs of the project; or the eligible entity does not have the funds available and reserved to fully fund the up-front costs of the project. Each VISIT pay for results project conducted under Tier 2 of the pilot program shall be limited to a duration of not more than seven years. Section 5(h)(1) shall apply with respect to Tier 2 of the pilot program. An eligible entity with which the Secretary enters into an agreement under subsection
(d)for a VISIT pay for results project under Tier 2 of the pilot program shall pay the entire up-front costs of the project. Subparagraph
(A)of section 5(h)(3) shall apply with respect to Tier 2 of the pilot program, except that the exception under subparagraph
(B)of such section shall not apply with respect Tier 2 of the pilot program. Section 5(i) shall apply with respect to Tier 2 of the pilot program, except that the waiver authority under paragraph (1)(B) of such section shall not apply with respect to Tier 2 of the pilot program.