VAWA
II, SEC. 403, 404.
[emphasis
added]
SEC. 403. USE OF AMOUNTS FOR HOUSING ASSISTANCE
FOR VICTIMS OF DOMESTIC VIOLENCE. (a) IN GENERAL- Amounts
available pursuant to section 402 shall be made available by the Secretary
of Housing and Urban Development only to public housing agencies and
qualified nonprofit organizations only for use for providing tenant-based
rental assistance on behalf of families victimized by domestic violence
(as such term is defined in section 404 of this subtitle) who have left
or 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
or qualified nonprofit organization providing rental assistance under
this subtitle determines that the member of the family who was a victim
of 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 402 shall
be allocated by the Secretary on the basis of a national competition
to the public housing agencies and qualified nonprofit organizations
that submit applications to the Secretary that best demonstrate a need
for such assistance, including the extent of service to underserved
populations as defined in 42 U.S.C. 3796gg-2(7) as modified by title
VI of this Act, and the ability to undertake and carry out a program
under this subtitle, as the Secretary shall determine. At least 25 percent
of the total grants awarded shall go to qualified nonprofit organizations.
SEC. 404. DEFINITIONS RELATING TO DOMESTIC
VIOLENCE.
For purposes of this subtitle, the following definitions shall apply:
(1) DOMESTIC VIOLENCE- The term `domestic violence' includes acts or
threats of violence, not including acts of self defense, committed by
a current or former spouse of the victim, by a person with whom the
victim shares a child in common, by a person who is cohabitating with
or has cohabitated 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-
(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 a victim of 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 a victim of 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 A VICTIM OF 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, sexual assault program, 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
or sexual assault;
(ii) information provided by any agency of the State, unit of general
local government, or 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 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. A victim's statement that domestic violence has
occurred shall be sufficient unless the agency has an independent, reasonable
basis to find the individual not credible.