I

106TH CONGRESS

1ST SESSION H. R. 1352

To provide housing assistance to domestic violence victims.

IN THE HOUSE OF REPRESENTATIVES

MARCH 25, 1999

Ms. SCHAKOWSKY introduced the following bill; which was referred to the

Committee on Banking and Financial Services

A BILL

To provide housing assistance to domestic violence victims.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Domestic Violence and

5 Sexual Assault Victims’ Housing Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds as follows:

8 (1) Housing can prevent domestic violence and

9 mitigate its effects. The connection between domes10 tic violence and housing is overwhelming. Of all

11 homeless women and children, 50 percent are fleeing

12 domestic violence.
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1 (2) Among cities surveyed, 44 percent identified

2 domestic violence as a primary cause of homeless3 ness.

4 (3) Women’s poverty levels aggravate the prob5 lems of homelessness and domestic violence. Two out

6 of three poor adults are women. Female-headed

7 households are six times poorer than male-headed

8 households. In 1996, of the 7,700,000 poor families

9 in the country, 4,100,000 of them were single fe10 male-headed households. In addition, 5,100,000 poor

11 women who are not in families are poor.

12 (4) Almost 50 percent of the women who re13 ceive Temporary Assistance to Needy Families funds

14 cite domestic violence as a factor in the need for as15 sistance.

16 (5) Many women who flee violence are forced to

17 return to their abusers because of inadequate shelter

18 or lack of money. Even if they leave their abusers

19 to go to a shelter, they often return home because

20 the isolation from familiar surroundings, friends,

21 and neighborhood resources makes them feel even

22 more vulnerable. Shelters and transitional housing

23 facilities are often located far from a domestic vio24 lence victim’s neighborhood. While this placement

25 may be deliberate to protect domestic violence vic-
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1 tims from their abusers, it can also be intimidating

2 and alienating for a woman to leave her home, com3 munity, cultural support system, and all that she

4 knows for shelter way across town. Thus, women of

5 color and immigrant women are less likely to become

6 shelter residents.

7 (6) Women who do leave their abusers lack ade8 quate emergency shelter options. The overall number

9 of emergency shelter beds for homeless people is es10 timated to have decreased by an average of 3 per11 cent in 1997 while requests for shelter increased on

12 the average by 3 percent. Emergency shelters strug13 gle to meet the increased need for services with

14 about 32 percent of the requests for shelter by

15 homeless families going unmet. In fact 88 percent of

16 cities reported having to turn away homeless families

17 from emergency shelters due to inadequate resources

18 for services.

19 (7) Battered women and their children comprise

20 an increasing proportion of the emergency shelter

21 population. Many emergency shelters have strict

22 time limits that require women to find alternative

23 housing immediately forcing them to separate from

24 their children.
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1 (8) A stable, sustainable home base is crucial

2 for women who have left situations of domestic vio3 lence and are learning new job skills, participating

4 in educational programs, working full-time jobs, or

5 searching for adequate child care in order to gain

6 self-sufficiency. Transitional housing resources and

7 services provide a continuum between emergency

8 shelter provision and independent living.

9 SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

10 For purposes of section 4, the authorization of appro11 priations under section 429(a) of the Stewart B. McKin12 ney Homeless Assistance Act (42 U.S.C. 11389(a)) shall

13 be increased by $50,000,000 for fiscal year 2000 and by

14 such sums as may be necessary for fiscal years 2001

15 through 2004.

16 SEC. 4. USE OF AMOUNTS FOR HOUSING ASSISTANCE FOR

17 VICTIMS OF DOMESTIC VIOLENCE, STALKING,

18 OR ADULT OR CHILD SEXUAL ASSAULT.

19 (a) IN GENERAL.—The additional amounts to be

20 made available by section 3 under section 429 of the Stew21 art B. McKinney Homeless Assistance Act (42 U.S.C.

22 11389) shall be made available by the Secretary only to

23 qualified, nonprofit, nongovernmental organizations (as

24 such term is defined in section 5) only for the purpose

25 of providing supportive housing (as such term is referred
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1 to in subchapter IV of part C of the Stewart B. McKinney

2 Homeless Assistance Act (42 U.S.C. 11384)) and tenant3 based rental assistance, financial assistance for security

4 deposit, first month’s rent, or ongoing rental assistance

5 on behalf of individuals or families victimized by domestic

6 violence, stalking, or adult or child sexual assault (as such

7 terms are defined in section 5) who have left or are leaving

8 a residence as a result of the domestic violence, stalking,

9 or adult or child sexual assault. Each organization shall

10 be required to supplement the assistance provided under

11 this subsection with a 25 percent match of funds for sup12 portive services (as such term is referred to in subchapter

13 IV of part C of the Stewart B. McKinney Homeless Assist14 ance Act (42 U.S.C. 11385)) from sources other than this

15 subsection. Each organization shall certify to the Sec16 retary its compliance with this subsection and shall include

17 with the certification a description of the sources and

18 amounts of such supplemental funds.

19 (b) DETERMINATION.—For purposes of subsection

20 (a), an individual or a family victimized by domestic vio21 lence, stalking, or adult or child sexual assault shall be

22 considered to have left or to be leaving a residence as a

23 result of domestic violence, stalking, or adult or child sex24 ual assault if the qualified, nonprofit, nongovernmental or25 ganization providing support, including tenant-based rent-
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1 al assistance, financial assistance for security deposit, first

2 month’s rent, or ongoing rental assistance under sub3 section (a) determines that the individual or member of

4 the family who was a victim of the domestic violence,

5 stalking, or adult or child sexual assault reasonably be6 lieves that relocation from such residence will assist in

7 avoiding future domestic violence, stalking, or adult or

8 child sexual assault against such individual or another

9 member of the family.

10 (c) ALLOCATION.—Amounts made available pursuant

11 to subsection (a) shall be allocated by the Secretary on

12 the basis of a national competition among the qualified,

13 nonprofit, nongovernmental organizations that submit ap14 plications to the Secretary that best demonstrate a need

15 for such assistance, including the extent of service pro16 vided to underserved populations as defined in section

17 2003(7) of the Omnibus Crime Control and Safe Streets

18 Act of 1968 (42 U.S.C. 3796gg–2(7)) and the ability to

19 undertake and carry out a program under subsection (a),

20 as the Secretary shall determine. Of the total funds appro21 priated under section 3 in any of the enumerated fiscal

22 years, at least 5 percent shall be used for grants to Indian

23 tribes or Indian tribal organizations that provide emer24 gency shelter, transitional housing, or permanent housing

25 or supportive services to individuals or families victimized
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1 by domestic violence, stalking, or adult or child sexual as2 sault and Indian tribes or Indian tribal organizations

3 which receive such grants may apply for and receive other

4 grants from the total funds appropriated under this Act.

5 All other grants awarded shall go to qualified, nonprofit,

6 nongovernmental organizations. If, at the end of the 6th

7 month of any fiscal year for which sums are appropriated

8 under section 3, the amount appropriated has not been

9 made available to a qualified, nonprofit, nongovernmental

10 organization under subsection (a) for purposes outlined

11 therein, the Secretary shall reallot such amount to quali12 fied, nonprofit, nongovernmental organizations that are el13 igible for funding under subchapter IV of part C of the

14 Stewart B. McKinney Homeless Assistance Act (42 U.S.C.

15 11381–11389). Funds made available by the Secretary

16 through reallotment under the preceding sentence shall re17 main available for expenditure until the end of the fiscal

18 year following the fiscal year in which such funds become

19 available for reallotment.

20 SEC. 5. DEFINITIONS.

21 For purposes of this Act:

22 (1) DOMESTIC VIOLENCE.—The term ‘‘domestic

23 violence’’ includes acts or threats of violence or ex24 treme cruelty (as such term is referred to in section

25 216 of the Immigration and Nationality Act (8
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1 U.S.C. 1186a)), not including acts of self-defense,

2 committed by a current or former spouse of the vic3 tim, by a person with whom the victim has a child

4 in common, by a person who is cohabiting with or

5 has cohabited with the victim, by a person who is or

6 has been in a continuing social relationship of a ro7 mantic or intimate nature with the victim, by a per8 son similarly situated to a spouse of the victim

9 under the domestic or family violence laws of the ju10 risdiction, or by any other person against a victim

11 who is protected from that person’s acts under the

12 domestic or family violence laws of the jurisdiction.

13 (2) FAMILY VICTIMIZED BY DOMESTIC VIO14 LENCE, STALKING, OR ADULT OR CHILD SEXUAL AS15 SAULT.—

16 (A) IN GENERAL.—The term ‘‘family vic17 timized by domestic violence, stalking, or adult

18 or child sexual assault’’ means a family or

19 household that includes an individual who has

20 been determined under subparagraph (B) to

21 have been a victim of domestic violence, stalk22 ing, or adult or child sexual assault, but does

23 not include any individual described in para24 graph (1), (2), or (3) who committed the do25 mestic violence, sexual assault, or adult or child
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1 sexual assault. The term includes any such fam2 ily or household in which only a minor or mi3 nors are the individual or individuals who was

4 or were a victim of domestic violence, stalking,

5 or sexual assault only if such family or house6 hold also includes a parent, stepparent, legal

7 guardian, or other responsible caretaker for the

8 child.

9 (B) DETERMINATION THAT FAMILY OR IN10 DIVIDUAL WAS A VICTIM OF DOMESTIC VIO11 LENCE, STALKING, OR ADULT OR CHILD SEX12 UAL ASSAULT.—For purposes of subparagraph

13 (A), a determination under this subparagraph is

14 a determination that domestic violence, stalk15 ing, or adult or child sexual assault has been

16 committed, which is made by any agency or of17 ficial of a State, Indian tribe, tribal organiza18 tion, or unit of general local government based

19 upon—

20 (i) information provided by any med21 ical, legal, counseling, or other clinic, shel22 ter, sexual assault program or other pro23 gram or entity licensed, recognized, or au24 thorized by the State, Indian tribe, tribal

25 organization, or unit of general local gov-
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1 ernment to provide services to victims of

2 domestic violence, stalking, or adult or

3 child sexual assault;

4 (ii) information provided by any agen5 cy of the State, Indian tribe, tribal organi6 zation, unit of general local government, or

7 qualified, nonprofit, nongovernmental orga8 nization that provides or administers the

9 provision of social, medical, legal, or health

10 services;

11 (iii) information provided by any cler12 gy;

13 (iv) information provided by any hos14 pital, clinic, medical facility, or doctor li15 censed or authorized by the State, Indian

16 tribe, tribal organization, or unit of general

17 local government to provide medical serv18 ices;

19 (v) a petition, application, or com20 plaint filed in any State, Federal, or tribal

21 court or administrative agency, documents

22 or records of action or decision of any

23 court, law enforcement agency, or adminis24 trative agency, including any record of any

25 protective order, injunction, or temporary
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1 or final order issued by civil or criminal

2 courts, any self-petition or any police re3 port; or

4 (vi) any other reliable evidence that

5 domestic violence, stalking, or adult or

6 child sexual assault has occurred.

7 A victim’s statement that domestic violence,

8 stalking, or adult or child sexual assault has oc9 curred shall be sufficient unless the agency has

10 an independent, reasonable basis to find the in11 dividual not credible.

12 (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’

13 shall have the same meaning given the term in sec14 tion 2002(3) of the Omnibus Crime Control and

15 Safe Streets Act of 1968 (42 U.S.C. 3796gg–2(3)).

16 (4) QUALIFIED, NONPROFIT, NONGOVERN17 MENTAL ORGANIZATION.—The term ‘‘qualified, non18 profit, nongovernmental organization’’ means a pri19 vate organization that—

20 (A) is organized, or has as one of its pri21 mary purposes, to provide emergency shelter,

22 transitional housing, or permanent housing for

23 victims of domestic violence, stalking, or adult

24 or child sexual assault or is a medical, legal,

25 counseling, social, psychological, health, job
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1 training, educational, life skills development, or

2 other clinical services program for victims of

3 domestic violence, stalking, or adult or child

4 sexual assault that undertakes a collaborative

5 project with a qualified, nonprofit, nongovern6 mental organization that primarily provides

7 emergency shelter, transitional housing, or per8 manent housing for low-income people;

9 (B) is organized under State, tribal, or

10 local laws;

11 (C) has no part of its net earnings inuring

12 to the benefit of any member, shareholder,

13 founder, contributor, or individual;

14 (D) is approved by the Secretary as to fi15 nancial responsibility; and

16 (E) demonstrates experience in providing

17 services to victims of domestic violence, stalk18 ing, or adult or child sexual assault.

19 (5) SECRETARY.—The term ‘‘Secretary’’ means

20 the Secretary of Housing and Urban Development.

21 (6) SEXUAL ASSAULT.—The term ‘‘sexual as22 sault’’ means any conduct proscribed by chapter

23 109A of title 18, United States Code, whether or not

24 the conduct occurs in the special maritime and terri25 torial jurisdiction of the United States, on an Indian
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1 reservation, or in a Federal prison and includes both

2 assaults committed by offenders who are strangers

3 to the victims and assaults committed by offenders

4 who are known to the victims or related by blood or

5 marriage to the victim.

6 (7) STALKING.—The term ‘‘stalking’’ means

7 engaging in a course of conduct directed at a spe8 cific person that would cause a reasonable person to

9 fear death, sexual assault, or bodily injury to himself

10 or herself or a member of his or her immediate fam11 ily, when the person engaging in such conduct has

12 knowledge or should have knowledge that the spe13 cific person will be placed in reasonable fear of

14 death, sexual assault, or bodily injury to himself or

15 herself or a member of his or her immediate family

16 and when the conduct induces fear in the specific

17 person of death, sexual assault, or bodily injury to

18 himself or herself or a member of his or her imme19 diate family.

20 (8) STATE.—The term ‘‘State’’ means the

21 States of the United States, the District of Colum22 bia, the Commonwealth of Puerto Rico, the Com23 monwealth of the Northern Mariana Islands, Guam,

24 the Virgin Islands, American Samoa, and any other

25 territory or possession of the United States.
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1 (9) TRANSITIONAL HOUSING.—The term ‘‘tran2 sitional housing’’ includes short-term housing and is

3 given the meaning of subchapter IV, part C of the

4 Stewart B. McKinney Homeless Assistance Act (42

5 U.S.C. 11384(b)).

6 (10) TRIBAL ORGANIZATION.—The term ‘‘tribal

7 organization’’ means a private, nonprofit, non8 governmental, or tribally chartered organization—

9 (A) whose primary purpose is to provide

10 emergency shelter, transitional housing, or per11 manent housing or supportive services to indi12 viduals or families victimized by domestic vio13 lence, stalking, or adult or child sexual assault;

14 (B) that operates within the exterior

15 boundaries of an Indian reservation; and

16 (C) whose board of directors reflects the

17 population served.

18 (11) UNIT OF GENERAL LOCAL GOVERN19 MENT.—The term ‘‘unit of general local govern20 ment’’ has the meaning given the term in section

21 102(a) of the Housing and Community Development

22 Act of 1974 (42 U.S.C. 5302(a)).

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