[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1128 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1128

   To provide rental assistance under section 8 of the United States 
  Housing Act of 1937 for victims of domestic violence to enable such 
                          victims to relocate.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 1997

 Mr. Wellstone introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
   To provide rental assistance under section 8 of the United States 
  Housing Act of 1937 for victims of domestic violence to enable such 
                          victims to relocate.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Domestic Violence Victims Housing 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Abuse.--The term ``abuse'' includes any act that 
        constitutes or causes, any attempt to commit, or any threat to 
        commit--
                    (A) any bodily injury or physical illness, 
                including placing, by physical menace, another in fear 
                of imminent serious bodily injury;
                    (B) any rape, sexual assault, or involuntary sexual 
                activity, or any sexual activity with a dependent 
                child;
                    (C) the infliction of false imprisonment or other 
                nonconsensual restraints on liberty of movement;
                    (D) deprivation of medical care, housing, food, or 
                other necessities of life; or
                    (E) mental or psychological abuse, including 
                repeated or severe humiliation, intimidation, 
                criticism, acts designed to induce terror, or verbal 
                abuse.
            (2) Domestic violence.--The term ``domestic violence'' 
        means abuse that is committed against an individual by--
                    (A) a spouse or former spouse of the individual;
                    (B) an individual who is the biological parent or 
                stepparent of a child of the individual subject to the 
                abuse, who adopted such child, or who is a legal 
                guardian to such a child;
                    (C) an individual with whom the individual subject 
                to the abuse is or was cohabiting;
                    (D) a current or former romantic, intimate, or 
                sexual partner of the individual; or
                    (E) an individual from whom the individual subject 
                to the abuse would be eligible for protection under the 
                domestic violence, protection order, or family laws of 
                the applicable jurisdiction.
            (3) Family victimized by domestic violence.--
                    (A) In general.--The term ``family victimized by 
                domestic violence'' means a family or household that 
                includes an individual who has been determined under 
                subparagraph (B) to have been subject to domestic 
                violence, but does not include any individual described 
                in paragraph (3) who committed the domestic violence. 
                The term includes any such family or household in which 
                only a minor or minors are the individual or 
                individuals who was or were subject to domestic 
                violence only if such family or household also includes 
                a parent, stepparent, legal guardian, or other 
                responsible caretaker for the child.
                    (B) Determination that family or individual was 
                subject to domestic violence.--For purposes of 
                subparagraph (A), a determination under this 
                subparagraph is a determination that domestic violence 
                has been committed, which is made by any agency or 
                official of a State or unit of general local government 
                (including a public housing agency) based upon--
                            (i) information provided by any medical, 
                        legal, counseling, or other clinic, shelter, or 
                        other program or entity licensed, recognized, 
                        or authorized by the State or unit of general 
                        local government to provide services to victims 
                        of domestic violence;
                            (ii) information provided by any agency of 
                        the State or unit of general local government 
                        that provides or administers the provision of 
                        social, legal, or health services;
                            (iii) information provided by any clergy;
                            (iv) information provided by any hospital, 
                        clinic, medical facility, or doctor licensed or 
                        authorized by the State or unit of general 
                        local government to provide medical services;
                            (v) a petition or complaint filed in a 
                        court or law or documents or records of action 
                        of any court or law enforcement agency, 
                        including any record of any protection order, 
                        injunction, or temporary or final order issued 
                        by civil or criminal courts or any police 
                        report; or
                            (vi) any other reliable evidence that 
                        domestic violence has occurred.
            (4) Public housing agency.--The term ``public housing 
        agency'' has the meaning given the term in section 3(b) of the 
        United States Housing Act of 1937 (42 U.S.C. 1437a(b)).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (6) State.--The term ``State'' means the States of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Commonwealth of the Northern Mariana Islands, 
        Guam, the Virgin Islands, American Samoa, and any other 
        territory or possession of the United States.
            (7) Unit of general local government.--The term ``unit of 
        general local government'' 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)).

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    The budget authority under section 5(c) of the United States 
Housing Act of 1937 for assistance under subsections (b) and (o) of 
section 8 of such Act is authorized to be increased by--
            (1) $50,000,000 on or after October 1, 1997; and
            (2) such sums as may be necessary on or after October 1, 
        1998.

SEC. 4. USE OF AMOUNTS FOR HOUSING ASSISTANCE FOR VICTIMS OF DOMESTIC 
              VIOLENCE.

    (a) In General.--Amounts available pursuant to section 3 shall be 
made available by the Secretary of Housing and Urban Development only 
to public housing agencies only for use in providing tenant-based 
rental assistance on behalf of families victimized by domestic violence 
who have left or who are leaving a residence as a result of the 
domestic violence.
    (b) Determination.--For purposes of subsection (a), a family 
victimized by domestic violence shall be considered to have left or to 
be leaving a residence as a result of domestic violence, if the public 
housing agency providing rental assistance under this Act determines 
that the member of the family who was subject to the domestic violence 
reasonably believes that relocation from such residence will assist in 
avoiding future domestic violence against such member or another member 
of the family.
    (c) Allocation.--Amounts made available pursuant to section 3 shall 
be allocated by the Secretary to one or more public housing agencies 
that submit applications to the Secretary that, in the determination of 
the Secretary, best demonstrate--
            (1) a need for such assistance; and
            (2) the ability to use that assistance in accordance with 
        this Act.
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