II

106TH CONGRESS

2D SESSION S. 2112

To provide housing assistance to domestic violence victims.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 28, 2000

Mr. TORRICELLI (for himself, Mr. JEFFORDS, Mrs. MURRAY, Mr. KERRY, and

Ms. LANDRIEU) introduced the following bill; which was read twice and

referred to the Committee on Banking, Housing, and Urban Affairs

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
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1 homeless women and children, 50 percent are fleeing

2 domestic violence.

3 (2) Among cities surveyed, 44 percent identified

4 domestic violence as a primary cause of homeless5 ness.

6 (3) Women’s poverty levels aggravate the prob7 lems of homelessness and domestic violence. Two out

8 of three poor adults are women. Female-headed

9 households are six times poorer than male-headed

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

11 in the country, 4,100,000 of them were single fe12 male-headed households. In addition, 5,100,000 poor

13 women who are not in families are poor.

14 (4) Almost 50 percent of the women who re15 ceive Temporary Assistance to Needy Families funds

16 cite domestic violence as a factor in the need for as17 sistance.

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

19 return to their abusers because of inadequate shelter

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

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

22 the isolation from familiar surroundings, friends,

23 and neighborhood resources makes them feel even

24 more vulnerable. Shelters and transitional housing

25 facilities are often located far from a domestic vio-
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1 lence victim’s neighborhood. While this placement

2 may be deliberate to protect domestic violence vic3 tims from their abusers, it can also be intimidating

4 and alienating for a woman to leave her home, com5 munity, cultural support system, and all that she

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

7 color and immigrant women are less likely to become

8 shelter residents.

9 (6) Women who do leave their abusers lack ade10 quate emergency shelter options. The overall number

11 of emergency shelter beds for homeless people is es12 timated to have decreased by an average of 3 per13 cent in 1997 while requests for shelter increased on

14 the average by 3 percent. Emergency shelters strug15 gle to meet the increased need for services with

16 about 32 percent of the requests for shelter by

17 homeless families going unmet. In fact 88 percent of

18 cities reported having to turn away homeless families

19 from emergency shelters due to inadequate resources

20 for services.

21 (7) Battered women and their children comprise

22 an increasing proportion of the emergency shelter

23 population. Many emergency shelters have strict

24 time limits that require women to find alternative
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1 housing immediately forcing them to separate from

2 their children.

3 (8) A stable, sustainable home base is crucial

4 for women who have left situations of domestic vio5 lence and are learning new job skills, participating

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

7 searching for adequate child care in order to gain

8 self-sufficiency. Transitional housing resources and

9 services provide a continuum between emergency

10 shelter provision and independent living.

11 SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

12 For purposes of section 4, the authorization of appro13 priations under section 429(a) of the Stewart B. McKin14 ney Homeless Assistance Act (42 U.S.C. 11389(a)) shall

15 be increased by $50,000,000 for fiscal year 2001 and by

16 such sums as may be necessary for fiscal years 2002

17 through 2005.

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

19 VICTIMS OF DOMESTIC VIOLENCE, STALKING,

20 OR ADULT OR CHILD SEXUAL ASSAULT.

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

22 made available by section 3 under section 429 of the Stew23 art B. McKinney Homeless Assistance Act (42 U.S.C.

24 11389) shall be made available by the Secretary only to

25 qualified, nonprofit, nongovernmental organizations (as
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1 such term is defined in section 5) only for the purpose

2 of providing supportive housing (as such term is referred

3 to in subchapter IV of part C of the Stewart B. McKinney

4 Homeless Assistance Act (42 U.S.C. 11384)) and tenant5 based rental assistance, financial assistance for security

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

7 on behalf of individuals or families victimized by domestic

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

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

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

11 or adult or child sexual assault. Each organization shall

12 be required to supplement the assistance provided under

13 this subsection with a 25 percent match of funds for sup14 portive services (as such term is referred to in subchapter

15 IV of part C of the Stewart B. McKinney Homeless Assist16 ance Act (42 U.S.C. 11385)) from sources other than this

17 subsection. Each organization shall certify to the Sec18 retary its compliance with this subsection and shall include

19 with the certification a description of the sources and

20 amounts of such supplemental funds.

21 (b) DETERMINATION.—For purposes of subsection

22 (a), an individual or a family victimized by domestic vio23 lence, stalking, or adult or child sexual assault shall be

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

25 result of domestic violence, stalking, or adult or child sex-
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1 ual assault if the qualified, nonprofit, nongovernmental or2 ganization providing support, including tenant-based rent3 al assistance, financial assistance for security deposit, first

4 month’s rent, or ongoing rental assistance under sub5 section (a) determines that the individual or member of

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

7 stalking, or adult or child sexual assault reasonably be8 lieves that relocation from such residence will assist in

9 avoiding future domestic violence, stalking, or adult or

10 child sexual assault against such individual or another

11 member of the family.

12 (c) ALLOCATION.—Amounts made available pursuant

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

14 the basis of a national competition among the qualified,

15 nonprofit, nongovernmental organizations that submit ap16 plications to the Secretary that best demonstrate a need

17 for such assistance, including the extent of service pro18 vided to underserved populations as defined in section

19 2003(7) of the Omnibus Crime Control and Safe Streets

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

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

22 as the Secretary shall determine. Of the total funds appro23 priated under section 3 in any of the enumerated fiscal

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

25 tribes or Indian tribal organizations that provide emer-
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1 gency shelter, transitional housing, or permanent housing

2 or supportive services to individuals or families victimized

3 by domestic violence, stalking, or adult or child sexual as4 sault and Indian tribes or Indian tribal organizations

5 which receive such grants may apply for and receive other

6 grants from the total funds appropriated under this Act.

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

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

9 month of any fiscal year for which sums are appropriated

10 under section 3, the amount appropriated has not been

11 made available to a qualified, nonprofit, nongovernmental

12 organization under subsection (a) for purposes outlined

13 therein, the Secretary shall reallot such amount to quali14 fied, nonprofit, nongovernmental organizations that are el15 igible for funding under subchapter IV of part C of the

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

17 11381–11389). Funds made available by the Secretary

18 through reallotment under the preceding sentence shall re19 main available for expenditure until the end of the fiscal

20 year following the fiscal year in which such funds become

21 available for reallotment.

22 SEC. 5. DEFINITIONS.

23 For purposes of this Act:

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

25 violence’’ includes acts or threats of violence or ex-
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1 treme cruelty (as such term is referred to in section

2 216 of the Immigration and Nationality Act (8

3 U.S.C. 1186a)), not including acts of self-defense,

4 committed by a current or former spouse of the vic5 tim, by a person with whom the victim has a child

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

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

8 has been in a continuing social relationship of a ro9 mantic or intimate nature with the victim, by a per10 son similarly situated to a spouse of the victim

11 under the domestic or family violence laws of the ju12 risdiction, or by any other person against a victim

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

14 domestic or family violence laws of the jurisdiction.

15 (2) FAMILY VICTIMIZED BY DOMESTIC VIO16 LENCE, STALKING, OR ADULT OR CHILD SEXUAL AS17 SAULT.—

18 (A) IN GENERAL.—The term ‘‘family vic19 timized by domestic violence, stalking, or adult

20 or child sexual assault’’ means a family or

21 household that includes an individual who has

22 been determined under subparagraph (B) to

23 have been a victim of domestic violence, stalk24 ing, or adult or child sexual assault, but does

25 not include any individual described in para-
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1 graph (1), (2), or (3) who committed the do2 mestic violence, sexual assault, or adult or child

3 sexual assault. The term includes any such fam4 ily or household in which only a minor or mi5 nors are the individual or individuals who was

6 or were a victim of domestic violence, stalking,

7 or sexual assault only if such family or house8 hold also includes a parent, stepparent, legal

9 guardian, or other responsible caretaker for the

10 child.

11 (B) DETERMINATION THAT FAMILY OR IN12 DIVIDUAL WAS A VICTIM OF DOMESTIC VIO13 LENCE, STALKING, OR ADULT OR CHILD SEX14 UAL ASSAULT.—For purposes of subparagraph

15 (A), a determination under this subparagraph is

16 a determination that domestic violence, stalk17 ing, or adult or child sexual assault has been

18 committed, which is made by any agency or of19 ficial of a State, Indian tribe, tribal organiza20 tion, or unit of general local government based

21 upon—

22 (i) information provided by any med23 ical, legal, counseling, or other clinic, shel24 ter, sexual assault program or other pro25 gram or entity licensed, recognized, or au-
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1 thorized by the State, Indian tribe, tribal

2 organization, or unit of general local gov3 ernment to provide services to victims of

4 domestic violence, stalking, or adult or

5 child sexual assault;

6 (ii) information provided by any agen7 cy of the State, Indian tribe, tribal organi8 zation, unit of general local government, or

9 qualified, nonprofit, nongovernmental orga10 nization that provides or administers the

11 provision of social, medical, legal, or health

12 services;

13 (iii) information provided by any cler14 gy;

15 (iv) information provided by any hos16 pital, clinic, medical facility, or doctor li17 censed or authorized by the State, Indian

18 tribe, tribal organization, or unit of general

19 local government to provide medical serv20 ices;

21 (v) a petition, application, or com22 plaint filed in any State, Federal, or tribal

23 court or administrative agency, documents

24 or records of action or decision of any

25 court, law enforcement agency, or adminis-
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1 trative agency, including any record of any

2 protective order, injunction, or temporary

3 or final order issued by civil or criminal

4 courts, any self-petition or any police re5 port; or

6 (vi) any other reliable evidence that

7 domestic violence, stalking, or adult or

8 child sexual assault has occurred.

9 A victim’s statement that domestic violence,

10 stalking, or adult or child sexual assault has oc11 curred shall be sufficient unless the agency has

12 an independent, reasonable basis to find the in13 dividual not credible.

14 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’

15 shall have the same meaning given the term in sec16 tion 2002(3) of the Omnibus Crime Control and

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

18 (4) QUALIFIED, NONPROFIT, NONGOVERN19 MENTAL ORGANIZATION.—The term ‘‘qualified, non20 profit, nongovernmental organization’’ means a pri21 vate organization that—

22 (A) is organized, or has as one of its pri23 mary purposes, to provide emergency shelter,

24 transitional housing, or permanent housing for

25 victims of domestic violence, stalking, or adult
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1 or child sexual assault or is a medical, legal,

2 counseling, social, psychological, health, job

3 training, educational, life skills development, or

4 other clinical services program for victims of

5 domestic violence, stalking, or adult or child

6 sexual assault that undertakes a collaborative

7 project with a qualified, nonprofit, nongovern8 mental organization that primarily provides

9 emergency shelter, transitional housing, or per10 manent housing for low-income people;

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

12 local laws;

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

14 to the benefit of any member, shareholder,

15 founder, contributor, or individual;

16 (D) is approved by the Secretary as to fi17 nancial responsibility; and

18 (E) demonstrates experience in providing

19 services to victims of domestic violence, stalk20 ing, or adult or child sexual assault.

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

22 the Secretary of Housing and Urban Development.

23 (6) SEXUAL ASSAULT.—The term ‘‘sexual as24 sault’’ means any conduct proscribed by chapter

25 109A of title 18, United States Code, whether or not
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1 the conduct occurs in the special maritime and terri2 torial jurisdiction of the United States, on an Indian

3 reservation, or in a Federal prison and includes both

4 assaults committed by offenders who are strangers

5 to the victims and assaults committed by offenders

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

7 marriage to the victim.

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

9 engaging in a course of conduct directed at a spe10 cific person that would cause a reasonable person to

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

12 or herself or a member of his or her immediate fam13 ily, when the person engaging in such conduct has

14 knowledge or should have knowledge that the spe15 cific person will be placed in reasonable fear of

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

17 herself or a member of his or her immediate family

18 and when the conduct induces fear in the specific

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

20 himself or herself or a member of his or her imme21 diate family.

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

23 States of the United States, the District of Colum24 bia, the Commonwealth of Puerto Rico, the Com25 monwealth of the Northern Mariana Islands, Guam,
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1 the Virgin Islands, American Samoa, and any other

2 territory or possession of the United States.

3 (9) TRANSITIONAL HOUSING.—The term ‘‘tran4 sitional housing’’ includes short-term housing and is

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

6 Stewart B. McKinney Homeless Assistance Act (42

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

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

9 organization’’ means a private, nonprofit, non10 governmental, or tribally chartered organization—

11 (A) whose primary purpose is to provide

12 emergency shelter, transitional housing, or per13 manent housing or supportive services to indi14 viduals or families victimized by domestic vio15 lence, stalking, or adult or child sexual assault;

16 (B) that operates within the exterior

17 boundaries of an Indian reservation; and

18 (C) whose board of directors reflects the

19 population served.

20 (11) UNIT OF GENERAL LOCAL GOVERN21 MENT.—The term ‘‘unit of general local govern22 ment’’ has the meaning given the term in section

23 102(a) of the Housing and Community Development

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

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