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.


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.


(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.