TANF-ACF-PI-2022-02 (New state TANF certification requirement enacted in the Consolidated Appropriations Act, 2022)

Publication Date: April 14, 2022
Current as of:

TO:

State and territorial agencies (hereafter, states) administering the Temporary Assistance for Needy Families (TANF) Program.

SUBJECT:

New state TANF certification requirement enacted in the Consolidated Appropriations Act, 2022.

REFERENCES:

Section 402(a)(8) of the Social Security Act (42 U.S.C. 602(a)(8)); Consolidated Appropriations Act, 2022, section 703.

PURPOSE:

To inform states of a new required certification for TANF state plans.

BACKGROUND:

On March 15, 2022, President Biden signed the final funding bill for FY 2022, or the Consolidated Appropriations Act, 2022 .  The Act amends section 402(a) of the Social Security Act (42 U.S.C. 602(a)), adding a new required certification for state TANF agencies related to providing information to victims of sexual harassment or survivors of domestic violence, sexual assault, or stalking.  The text of the new required certification, section 402(a)(8) can be found in section 703 on pages 2133 to 2137 of the Consolidated Appropriations Act, 2022 in the link above.

POLICY:

The new certification includes several elements: 

  • Each state must certify that it has established and is enforcing standards and procedures to ensure that applicants and potential applicants for TANF are notified of assistance made available by the state to victims of sexual harassment and survivors of domestic violence, sexual assault, or stalking. 
  • It must also ensure that case workers and other agency personnel responsible for administering the TANF program are trained in: the nature and dynamics of sexual harassment and domestic violence, sexual assault, and stalking; state standards and procedures relating to the prevention of, and assistance for, individuals who are victims of sexual harassment or survivors of domestic violence, sexual assault, or stalking; and methods of ascertaining and ensuring the confidentiality of personal information and documentation related to applicants for assistance and their children who have provided notice about their experiences of sexual harassment, domestic violence, sexual assault, or stalking. 
  • If the state has adopted the Family Violence Option (optional certification) set forth in section 402(a)(7) to establish and enforce standards and procedures regarding the screening for, and identification of, domestic violence, sexual assault, or stalking, it must provide information about the options available to current and potential beneficiaries and ensure that case workers and other agency personnel are provided with training regarding relevant state standards and procedures.

States have one year from the date of enactment, i.e., March 15, 2023, to implement this new provision by submitting an updated, signed certification page reflecting this addition in the form of an amendment to the state’s TANF plan.  Many states are currently submitting Workforce Innovation and Opportunity Act (WIOA) plan modifications.  If a state wishes to update its current WIOA plan modification with this provision in its certifications, it may do so.  A state may also submit the certification as a freestanding document at any time between now and March 15, 2023.  We remind states to use the language of the statute in their certifications, as is the standard practice.    

 

          /s/

Susan J. Golonka
Acting Director
Office of Family Assistance