[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2112 Introduced in Senate (IS)]







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.

    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 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 domestic 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 homelessness.
            (3) Women's poverty levels aggravate the problems 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 female-
        headed households. In addition, 5,100,000 poor women who are 
        not in families are poor.
            (4) Almost 50 percent of the women who receive Temporary 
        Assistance to Needy Families funds cite domestic violence as a 
        factor in the need for assistance.
            (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 violence victim's 
        neighborhood. While this placement may be deliberate to protect 
        domestic violence victims from their abusers, it can also be 
        intimidating and alienating for a woman to leave her home, 
        community, 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 adequate 
        emergency shelter options. The overall number of emergency 
        shelter beds for homeless people is estimated to have decreased 
        by an average of 3 percent in 1997 while requests for shelter 
        increased on the average by 3 percent. Emergency shelters 
        struggle 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 violence 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 appropriations 
under section 429(a) of the Stewart B. McKinney Homeless Assistance Act 
(42 U.S.C. 11389(a)) shall be increased by $50,000,000 for fiscal year 
2001 and by such sums as may be necessary for fiscal years 2002 through 
2005.

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 Stewart 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 supportive 
services (as such term is referred to in subchapter IV of part C of the 
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11385)) from 
sources other than this subsection. Each organization shall certify to 
the Secretary 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 violence, 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 sexual assault if the qualified, nonprofit, nongovernmental 
organization providing support, including tenant-based rental 
assistance, financial assistance for security deposit, first month's 
rent, or ongoing rental assistance under subsection (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 
believes 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 applications to the Secretary that best 
demonstrate a need for such assistance, including the extent of service 
provided 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 
appropriated 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 emergency shelter, transitional 
housing, or permanent housing or supportive services to individuals or 
families victimized by domestic violence, stalking, or adult or child 
sexual assault 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 qualified, nonprofit, nongovernmental organizations that are 
eligible 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 remain 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 extreme 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 victim, 
        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 romantic or intimate nature with the victim, 
        by a person similarly situated to a spouse of the victim under 
        the domestic or family violence laws of the jurisdiction, 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 violence, stalking, or 
        adult or child sexual assault.--
                    (A) In general.--The term ``family victimized 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, 
                stalking, or adult or child sexual assault, but does 
                not include any individual described in paragraph (1), 
(2), or (3) who committed the domestic violence, sexual assault, or 
adult or child sexual assault. The term includes any such family or 
household in which only a minor or minors are the individual or 
individuals who was or were a victim of domestic violence, stalking, or 
sexual assault 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 a 
                victim of domestic violence, stalking, or adult or 
                child sexual assault.--For purposes of subparagraph 
                (A), a determination under this subparagraph is a 
                determination that domestic violence, stalking, or 
                adult or child sexual assault has been committed, which 
                is made by any agency or official of a State, Indian 
                tribe, tribal organization, or unit of general local 
                government based upon--
                            (i) information provided by any medical, 
                        legal, counseling, or other clinic, shelter, 
                        sexual assault program or other program or 
                        entity licensed, recognized, or authorized by 
                        the State, Indian tribe, tribal organization, 
                        or unit of general local government to provide 
                        services to victims of domestic violence, 
                        stalking, or adult or child sexual assault;
                            (ii) information provided by any agency of 
                        the State, Indian tribe, tribal organization, 
                        unit of general local government, or qualified, 
                        nonprofit, nongovernmental organization that 
                        provides or administers the provision of 
                        social, medical, 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, Indian tribe, tribal 
                        organization, or unit of general local 
                        government to provide medical services;
                            (v) a petition, application, or complaint 
                        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 administrative 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 report; 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 occurred shall be 
                sufficient unless the agency has an independent, 
                reasonable basis to find the individual not credible.
            (3) Indian tribe.--The term ``Indian tribe'' shall have the 
        same meaning given the term in section 2002(3) of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
        2(3)).
            (4) Qualified, nonprofit, nongovernmental organization.--
        The term ``qualified, nonprofit, nongovernmental organization'' 
        means a private organization that--
                    (A) is organized, or has as one of its primary 
                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, nongovernmental 
                organization that primarily provides emergency shelter, 
                transitional housing, or permanent 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 financial 
                responsibility; and
                    (E) demonstrates experience in providing services 
                to victims of domestic violence, stalking, 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 assault'' means any 
        conduct proscribed by chapter 109A of title 18, United States 
        Code, whether or not the conduct occurs in the special maritime 
        and territorial 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 specific 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 family, when the person engaging in such conduct has 
        knowledge or should have knowledge that the specific 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 immediate family.
            (8) 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.
            (9) Transitional housing.--The term ``transitional 
        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, nongovernmental, or tribally 
        chartered organization--
                    (A) whose primary purpose is to provide emergency 
                shelter, transitional housing, or permanent housing or 
                supportive services to individuals or families 
                victimized by domestic violence, 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 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)).
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