S.Amdt. 2958

1. Adds SEC. __. ENSURING SAFETY AND SELF-SUFFICIENCY FOR ALL TANF RECIPIENTS wherever appropriate

   Adds a section

   Inserted: SEC. __. ENSURING SAFETY AND SELF-SUFFICIENCY FOR ALL TANF RECIPIENTS.

   Inserted: (a) Addressing Domestic or Sexual Violence in the TANF Program.--Section 402(a)(7) (42 U.S.C. 602(a)(7)) is amended to read as follows:

   Inserted: "(7) Certifications regarding domestic or sexual violence.--

   Inserted: "(A) General provisions.--A certification by the chief executive officer of the State that the State has established and is enforcing standards and procedures to ensure domestic or sexual violence is comprehensively addressed, and a written document outlining how the State will do the following:

   Inserted: "(i) Address the needs of applicants or recipients or their families who are or have been subjected to domestic or sexual violence or are at risk of future such violence, including how the State will--

   Inserted: "(I) have trained caseworkers identify, and, at the option of the individual, assess individuals who are or have been subjected to domestic or sexual violence or are at risk of future such violence;

   Inserted: "(II) adequately inform each individual of eligibility and program requirements, confidentiality provisions, domestic or sexual violence services available within the community and within the program funded under this part, good cause exemptions modification and waiver of program requirements on the basis of domestic or sexual violence, benefits eligibility for immigrant victims of domestic or sexual violence, and the procedures to obtain such modifications, waivers, benefits, and services;

   Inserted: "(III) refer individuals who are or have been subjected to domestic or sexual violence or are at risk of future such violence to community-based domestic or sexual violence programs or other supportive services, modify or waive eligibility or program requirements or prohibitions to address domestic or sexual violence barriers, and ensure such individual's access to job training, vocational rehabilitation, child care, and other employment-related services as appropriate;

   Inserted: "(IV) implement procedures to maintain the privacy and confidentiality of applicants and recipients identified as being or having been subjected to domestic or sexual violence and restrict the disclosure of any identifying information obtained through any process or procedure implemented pursuant to this paragraph absent the individual's written consent or unless otherwise required to do so under law;

   Inserted: "(V) pursuant to a determination of good cause, waive, without time limit, any Federal or State eligibility or program requirement or prohibition for so long as necessary, in every case in which domestic or sexual violence has been verified for any individual or family receiving assistance under this part and the requirement makes it more difficult for the individual to address, escape or recover from the violence, unfairly penalizes the individual, or makes the individual or any child of the individual unsafe; and

   Inserted: "(VI) provide policies and procedures regarding verification of past, present, or the risk of future domestic or sexual violence that are flexible and not unduly burdensome, including accepting any one of the following forms of verification: documentation from police, court, medical or social service agencies, domestic or sexual violence counselors or organizations or others who have had contact with the applicant or recipient, written statements from third parties knowledgeable of the individual's circumstances, and signed written statements from the applicant or recipient.

   Inserted: "(ii) Coordinate or contract with State or tribal domestic or sexual violence coalitions or domestic or sexual violence programs in the development and implementation of standards, procedures, training, and programs required under this part to address domestic or sexual violence.

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   Inserted: "(iii) Train caseworkers for recipients of assistance under the State program funded under this part in--

   Inserted: "(I) the nature and dynamics of domestic or sexual violence and the ways in which such violence may act to obstruct the economic security or safety of the individual and any child of the individual;

   Inserted: "(II) the standards, policies, and procedures implemented pursuant to this part, including the individual's rights and protections, such as notice and confidentiality;

   Inserted: "(III) how to screen for, and identify when, domestic or sexual violence creates barriers to compliance, how to make effective referrals for services, and how to modify eligibility and program requirements and prohibitions to address domestic or sexual violence barriers; and

   Inserted: "(IV) the process for determining good cause for noncompliance with an eligibility or program requirement or prohibition and granting waivers of such requirements.

   Inserted: "(iv) At State option, enter into contracts with or employ qualified professionals for the provision of services in each of the fields of domestic or sexual violence.

   Inserted: "(B) Definitions.--In this part:

   Inserted: "(i) Domestic or sexual violence.--The term 'domestic or sexual violence' has the meaning given the term 'battered or subjected to extreme cruelty' in section 408(a)(7)(C)(iii).

   Inserted: "(ii) Qualified professional.--The term 'qualified professional' includes a State or local organization with recognized expertise in the dynamics of domestic or sexual violence who has as one of its primary purposes to provide services to victims of domestic or sexual violence, such as a sexual assault crisis center or domestic or sexual violence program, or an individual trained by such an organization.".

   Inserted: (b) Assessment.--Section 408(b) (42 U.S.C. 608(b)), as amended by section 110(a)(2)(A), is amended--

   Inserted: (1) in paragraph (1)(A), in the matter preceding clause (i), by striking "and employability" and inserting "employability, and potential barriers, including domestic or sexual violence, mental or physical health, learning disability, substance abuse, English as a second language, child care needs, insufficient housing, or transportation"; and

   Inserted: (2) in paragraph (2)(A)--

   Inserted: (A) in clause (ii), by striking "and" at the end; and

   Inserted: (B) by inserting after clause (iii), the following:

   Inserted: "(iv) documents the individual's receipt of adequate notice of program requirements, confidentiality provisions, assessment and program services, and waivers available to individuals who have or may have been subjected to domestic or sexual violence or are at risk for future such violence, as well as the process to access such services or waivers; and

   Inserted: "(v) may not require the individual to participate in services to address domestic or sexual violence.".

   Inserted: (c) Review and Conciliation Process.--Section 408(a) (42 U.S.C. 608(a)) is amended by adding at the end the following:

   Inserted: "(12) Review and conciliation process for families subjected to domestic or sexual violence.--

   Inserted: "(A) In general.--A State to which a grant is made under section 403 shall not impose a sanction or penalty against an individual under the State program funded under this part on the basis of noncompliance by an individual or family with a program requirement where domestic or sexual violence is a significant contributing factor in the noncompliance.

   Inserted: "(B) Requirement.--Prior to imposing a sanction or penalty against an individual under the State program funded under this part, the State shall--

   Inserted: "(i) specifically consider whether the individual has been or is being subjected to domestic or sexual violence; and

   Inserted: "(ii) if such violence is identified--

   Inserted: "(I) make a reasonable effort to modify or waive program requirements or prohibitions; and

   Inserted: "(II) offer the individual referral to voluntary services to address the violence.".

   Inserted: (d) State Option To Include Survivors of Domestic or Sexual Violence in Work Participation Rates.--Section 407(c)(6) (42 U.S.C. 607(c)(6)), as amended by section 109(f), is amended by adding at the end the following:

   Inserted: "(G) State Option To Include Survivors of Domestic or Sexual Violence.--For purposes of determining monthly participation rates under subsection (b)(1)(B)(i), a State may deem an individual receiving services to address having been or being subjected to domestic or sexual violence, or receiving a waiver from program requirements under section 402(a)(7), as being engaged in work for the month.".

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As printed