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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Domestic Violence and
Sexual Assault Victims’ Housing Act’’.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Housing can prevent domestic violence and
mitigate its effects. The connection between domes-
tic violence and housing is overwhelming. Of all
homeless women and children, 50 percent are fleeing
domestic violence.
(2) Among cities surveyed, 44 percent identified
domestic violence as a primary cause of homeless-
ness.
(3) Women’s poverty levels aggravate the prob-
lems of homelessness and domestic violence. Two out
of three poor adults are women. Female-headed
households are six times poorer than male-headed
households. In 1996, of the 7,700,000 poor families
in the country, 4,100,000 of them were single fe-
male-headed households. In addition, 5,100,000 poor
women who are not in families are poor.
(4) Almost 50 percent of the women who re-
ceive Temporary Assistance to Needy Families funds
cite domestic violence as a factor in the need for as-
sistance.
(5) Many women who flee violence are forced to
return to their abusers because of inadequate shelter
or lack of money. Even if they leave their abusers
to go to a shelter, they often return home because
the isolation from familiar surroundings, friends,
and neighborhood resources makes them feel even
more vulnerable. Shelters and transitional housing
facilities are often located far from a domestic vio-
lence victim’s neighborhood. While this placement
may be deliberate to protect domestic violence vic-
tims from their abusers, it can also be intimidating
and alienating for a woman to leave her home, com-
munity, cultural support system, and all that she
knows for shelter way across town. Thus, women of
color and immigrant women are less likely to become
shelter residents.
(6) Women who do leave their abusers lack ade-
quate emergency shelter options. The overall number
of emergency shelter beds for homeless people is es-
timated to have decreased by an average of 3 per-
cent in 1997 while requests for shelter increased on
the average by 3 percent. Emergency shelters strug-
gle to meet the increased need for services with
about 32 percent of the requests for shelter by
homeless families going unmet. In fact 88 percent of
cities reported having to turn away homeless families
from emergency shelters due to inadequate resources
for services.
(7) Battered women and their children comprise
an increasing proportion of the emergency shelter
population. Many emergency shelters have strict
time limits that require women to find alternative
housing immediately forcing them to separate from
their children.
(8) A stable, sustainable home base is crucial
for women who have left situations of domestic vio-
lence and are learning new job skills, participating
in educational programs, working full-time jobs, or
searching for adequate child care in order to gain
self-sufficiency. Transitional housing resources and
services provide a continuum between emergency
shelter provision and independent living.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
For purposes of section 4, the authorization of appro-
priations under section 429(a) of the Stewart B. McKin-
ney Homeless Assistance Act (42 U.S.C. 11389(a)) shall
be increased by $50,000,000 for fiscal year 2000 and by
such sums as may be necessary for fiscal years 2001
through 2004.
SEC. 4. USE OF AMOUNTS FOR HOUSING ASSISTANCE FOR
VICTIMS OF DOMESTIC VIOLENCE, STALKING,
OR ADULT OR CHILD SEXUAL ASSAULT.
(a) IN GENERAL.—The additional amounts to be
made available by section 3 under section 429 of the Stew-
art B. McKinney Homeless Assistance Act (42 U.S.C.
11389) shall be made available by the Secretary only to
qualified, nonprofit, nongovernmental organizations (as
such term is defined in section 5) only for the purpose
of providing supportive housing (as such term is referred
to in subchapter IV of part C of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11384)) and tenant-
based rental assistance, financial assistance for security
deposit, first month’s rent, or ongoing rental assistance
on behalf of individuals or families victimized by domestic
violence, stalking, or adult or child sexual assault (as such
terms are defined in section 5) who have left or are leaving
a residence as a result of the domestic violence, stalking,
or adult or child sexual assault. Each organization shall
be required to supplement the assistance provided under
this subsection with a 25 percent match of funds for sup-
portive services (as such term is referred to in subchapter
IV of part C of the Stewart B. McKinney Homeless Assist-
ance Act (42 U.S.C. 11385)) from sources other than this
subsection. Each organization shall certify to the Sec-
retary its compliance with this subsection and shall include
with the certification a description of the sources and
amounts of such supplemental funds.
(b) DETERMINATION.—For purposes of subsection
(a), an individual or a family victimized by domestic vio-
lence, stalking, or adult or child sexual assault shall be
considered to have left or to be leaving a residence as a
result of domestic violence, stalking, or adult or child sex-
ual assault if the qualified, nonprofit, nongovernmental or-
ganization providing support, including tenant-based rent-
al assistance, financial assistance for security deposit, first
month’s rent, or ongoing rental assistance under sub-
section (a) determines that the individual or member of
the family who was a victim of the domestic violence,
stalking, or adult or child sexual assault reasonably be-
lieves that relocation from such residence will assist in
avoiding future domestic violence, stalking, or adult or
child sexual assault against such individual or another
member of the family.
(c) ALLOCATION.—Amounts made available pursuant
to subsection (a) shall be allocated by the Secretary on
the basis of a national competition among the qualified,
nonprofit, nongovernmental organizations that submit ap-
plications to the Secretary that best demonstrate a need
for such assistance, including the extent of service pro-
vided to underserved populations as defined in section
2003(7) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796gg–2(7)) and the ability to
undertake and carry out a program under subsection (a),
as the Secretary shall determine. Of the total funds appro-
priated under section 3 in any of the enumerated fiscal
years, at least 5 percent shall be used for grants to Indian
tribes or Indian tribal organizations that provide emer-
gency shelter, transitional housing, or permanent housing
or supportive services to individuals or families victimized
by domestic violence, stalking, or adult or child sexual as-
sault and Indian tribes or Indian tribal organizations
which receive such grants may apply for and receive other
grants from the total funds appropriated under this Act.
All other grants awarded shall go to qualified, nonprofit,
nongovernmental organizations. If, at the end of the 6th
month of any fiscal year for which sums are appropriated
under section 3, the amount appropriated has not been
made available to a qualified, nonprofit, nongovernmental
organization under subsection (a) for purposes outlined
therein, the Secretary shall reallot such amount to quali-
fied, nonprofit, nongovernmental organizations that are el-
igible for funding under subchapter IV of part C of the
Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11381–11389). Funds made available by the Secretary
through reallotment under the preceding sentence shall re-
main available for expenditure until the end of the fiscal
year following the fiscal year in which such funds become
available for reallotment.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) DOMESTIC VIOLENCE.—The term ‘‘domestic
violence’’ includes acts or threats of violence or ex-
treme cruelty (as such term is referred to in section
216 of the Immigration and Nationality Act (8
U.S.C. 1186a)), not including acts of self-defense,
committed by a current or former spouse of the vic-
tim, by a person with whom the victim has a child
in common, by a person who is cohabiting with or
has cohabited with the victim, by a person who is or
has been in a continuing social relationship of a ro-
mantic or intimate nature with the victim, by a per-
son similarly situated to a spouse of the victim
under the domestic or family violence laws of the ju-
risdiction, or by any other person against a victim
who is protected from that person’s acts under the
domestic or family violence laws of the jurisdiction.
(2) FAMILY
VICTIMIZED
BY
DOMESTIC
VIO-
LENCE, STALKING, OR ADULT OR CHILD SEXUAL AS-
SAULT.—
(A) IN GENERAL.—The term ‘‘family vic-
timized by domestic violence, stalking, or adult
or child sexual assault’’ means a family or
household that includes an individual who has
been determined under subparagraph (B) to
have been a victim of domestic violence, stalk-
ing, or adult or child sexual assault, but does
not include any individual described in para-
graph (1), (2), or (3) who committed the do-
mestic violence, sexual assault, or adult or child
sexual assault. The term includes any such fam-
ily or household in which only a minor or mi-
nors are the individual or individuals who was
or were a victim of domestic violence, stalking,
or sexual assault only if such family or house-
hold also includes a parent, stepparent, legal
guardian, or other responsible caretaker for the
child.
(B) DETERMINATION THAT FAMILY OR IN-
DIVIDUAL
WAS
A
VICTIM
OF
DOMESTIC
VIO-
LENCE, STALKING, OR ADULT OR CHILD SEX-
UAL ASSAULT.—For purposes of subparagraph
(A), a determination under this subparagraph is
a determination that domestic violence, stalk-
ing, or adult or child sexual assault has been
committed, which is made by any agency or of-
ficial of a State, Indian tribe, tribal organiza-
tion, or unit of general local government based
upon—
(i) information provided by any med-
ical, legal, counseling, or other clinic, shel-
ter, sexual assault program or other pro-
gram or entity licensed, recognized, or au-
thorized by the State, Indian tribe, tribal
organization, or unit of general local gov-
ernment to provide services to victims of
domestic violence, stalking, or adult or
child sexual assault;
(ii) information provided by any agen-
cy of the State, Indian tribe, tribal organi-
zation, unit of general local government, or
qualified, nonprofit, nongovernmental orga-
nization that provides or administers the
provision of social, medical, legal, or health
services;
(iii) information provided by any cler-
gy;
(iv) information provided by any hos-
pital, clinic, medical facility, or doctor li-
censed or authorized by the State, Indian
tribe, tribal organization, or unit of general
local government to provide medical serv-
ices;
(v) a petition, application, or com-
plaint filed in any State, Federal, or tribal
court or administrative agency, documents
or records of action or decision of any
court, law enforcement agency, or adminis-
trative agency, including any record of any
protective order, injunction, or temporary
or final order issued by civil or criminal
courts, any self-petition or any police re-
port; or
(vi) any other reliable evidence that
domestic violence, stalking, or adult or
child sexual assault has occurred.
A victim’s statement that domestic violence,
stalking, or adult or child sexual assault has oc-
curred shall be sufficient unless the agency has
an independent, reasonable basis to find the in-
dividual not credible.
(3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
shall have the same meaning given the term in sec-
tion 2002(3) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg–2(3)).
(4) 
QUALIFIED, 
NONPROFIT, 
NONGOVERN-
MENTAL ORGANIZATION.—The term ‘‘qualified, non-
profit, nongovernmental organization’’ means a pri-
vate organization that—
(A) is organized, or has as one of its pri-
mary purposes, to provide emergency shelter,
transitional housing, or permanent housing for
victims of domestic violence, stalking, or adult
or child sexual assault or is a medical, legal,
counseling, social, psychological, health, job
training, educational, life skills development, or
other clinical services program for victims of
domestic violence, stalking, or adult or child
sexual assault that undertakes a collaborative
project with a qualified, nonprofit, nongovern-
mental organization that primarily provides
emergency shelter, transitional housing, or per-
manent housing for low-income people;
(B) is organized under State, tribal, or
local laws;
(C) has no part of its net earnings inuring
to the benefit of any member, shareholder,
founder, contributor, or individual;
(D) is approved by the Secretary as to fi-
nancial responsibility; and
(E) demonstrates experience in providing
services to victims of domestic violence, stalk-
ing, or adult or child sexual assault.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Housing and Urban Development.
(6) SEXUAL ASSAULT.—The term ‘‘sexual as-
sault’’ means any conduct proscribed by chapter
109A of title 18, United States Code, whether or not
the conduct occurs in the special maritime and terri-
torial jurisdiction of the United States, on an Indian
reservation, or in a Federal prison and includes both
assaults committed by offenders who are strangers
to the victims and assaults committed by offenders
who are known to the victims or related by blood or
marriage to the victim.
(7) STALKING.—The term ‘‘stalking’’ means
engaging in a course of conduct directed at a spe-
cific person that would cause a reasonable person to
fear death, sexual assault, or bodily injury to himself
or herself or a member of his or her immediate fam-
ily, when the person engaging in such conduct has
knowledge or should have knowledge that the spe-
cific person will be placed in reasonable fear of
death, sexual assault, or bodily injury to himself or
herself or a member of his or her immediate family
and when the conduct induces fear in the specific
person of death, sexual assault, or bodily injury to
himself or herself or a member of his or her imme-
diate family.
(8) STATE.—The term ‘‘State’’ means the
States of the United States, the District of Colum-
bia, the Commonwealth of Puerto Rico, the Com-
monwealth of the Northern Mariana Islands, Guam,
the Virgin Islands, American Samoa, and any other
territory or possession of the United States.
(9) TRANSITIONAL HOUSING.—The term ‘‘tran-
sitional housing’’ includes short-term housing and is
given the meaning of subchapter IV, part C of the
Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11384(b)).
(10) TRIBAL ORGANIZATION.—The term ‘‘tribal
organization’’ means a private, nonprofit, non-
governmental, or tribally chartered organization—
(A) whose primary purpose is to provide
emergency shelter, transitional housing, or per-
manent housing or supportive services to indi-
viduals or families victimized by domestic vio-
lence, stalking, or adult or child sexual assault;
(B) that operates within the exterior
boundaries of an Indian reservation; and
(C) whose board of directors reflects the
population served.
(11) UNIT
OF
GENERAL
LOCAL
GOVERN-
MENT.—The term ‘‘unit of general local govern-
ment’’ has the meaning given the term in section
102(a) of the Housing and Community Development
Act of 1974 (42 U.S.C. 5302(a)).
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