[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6088 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6088

    To establish a domestic violence volunteer attorney network to 
                  represent domestic violence victims.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2008

 Mr. Conyers (for himself and Mr. Poe) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To establish a domestic violence volunteer attorney network to 
                  represent 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 ``National Domestic Violence Volunteer 
Attorney Network Act''.

SEC. 2. NATIONAL DOMESTIC VIOLENCE VOLUNTEER ATTORNEY NETWORK.

    The Violence Against Women Act of 1994 (Public Law 103-322) is 
amended by adding at the end the following:

  ``Subtitle Q--National Domestic Violence Volunteer Attorney Network

``SEC. 41701. NATIONAL DOMESTIC VIOLENCE VOLUNTEER ATTORNEY NETWORK.

    ``(a) In General.--
            ``(1) Grants.--The Attorney General may award grants to the 
        American Bar Association Commission on Domestic Violence to 
        work in collaboration with the American Bar Association 
        Committee on Pro Bono and Public Service and other 
        organizations to create, recruit lawyers for, and provide 
        training, mentoring, and technical assistance for a National 
        Domestic Violence Volunteer Attorney Network.
            ``(2) Use of funds.--Funds allocated to the American Bar 
        Association's Commission on Domestic Violence under this 
        section shall be used to--
                    ``(A) create and maintain a network to field and 
                manage inquiries from volunteer lawyers seeking to 
                represent and assist victims of domestic violence;
                    ``(B) solicit lawyers to serve as volunteer lawyers 
                in the network;
                    ``(C) retain dedicated staff to support volunteer 
                attorneys by--
                            ``(i) providing field technical assistance 
                        inquiries;
                            ``(ii) providing on-going mentoring and 
                        support;
                            ``(iii) collaborating with national 
                        domestic violence legal technical assistance 
                        providers and statewide legal coordinators and 
                        local legal services programs; and
                            ``(iv) developing legal education and other 
                        training materials; and
                    ``(D) maintain a point of contact with the 
                statewide legal coordinator in each State regarding 
                coordination of training, mentoring, and supporting 
                volunteer attorneys representing victims of domestic 
                violence.
    ``(b) Authorization.--There are authorized to be appropriated to 
carry out this section $2,000,000 for fiscal year 2009 and $3,000,000 
for each of the fiscal years 2010 through 2013.
    ``(c) Eligibility for Other Grants.--A receipt of an award under 
this section by the Commission on Domestic Violence of the American Bar 
Association shall not preclude the Commission from receiving additional 
grants under the Office on Violence Against Women's Technical 
Assistance Program to carry out the purposes of that program.
    ``(d) Other Conditions.--
            ``(1) Required partnerships.--In developing and 
        implementing the national volunteer attorney network described 
        in this section, the American Bar Association's Commission on 
        Domestic Violence shall partner, when possible, with 1 or more 
        national domestic violence organizations with demonstrated 
        expertise in providing training and technical assistance to a 
        national audience. Any such partner must be fairly compensated 
        for its participation in developing and implementing the 
        network.
            ``(2) Standard grant condition.--Any award made to the 
        American Bar Association's Commission on Domestic Violence 
        under this section shall be subject to the Office on Violence 
        Against Women's standard grant award conditions and reporting 
        requirements.

``SEC. 41702. DOMESTIC VIOLENCE VOLUNTEER ATTORNEY REFERRAL PROGRAM.

    ``(a) Pilot Program.--
            ``(1) In general.--For fiscal year 2009, the Office on 
        Violence Against Women of the Department of Justice, in 
        consultation with the Domestic Violence Legal Advisory Task 
        Force, shall designate 5 States in which to implement the pilot 
        program of the National Domestic Violence Volunteer Attorney 
        Referral Project and distribute funds under this subsection.
            ``(2) Criteria.--Criteria for selecting the States for the 
        pilot program under this subsection shall include--
                    ``(A) equitable distribution between urban and 
                rural areas and equitable geographical distribution;
                    ``(B) States that have a demonstrated capacity to 
                coordinate among local and statewide domestic violence 
                organizations;
                    ``(C) States that have organizations serving 
                immigrant women; and
                    ``(D) States that have volunteer legal services 
                offices throughout the State.
            ``(3) Purpose.--The purpose of the pilot program under this 
        subsection is to--
                    ``(A) provide for a coordinated system of ensuring 
                that domestic violence victims throughout the pilot 
                States have access to safe, culturally, and 
                linguistically appropriate representation in all legal 
                matters arising as a consequence of the abuse or 
                violence; and
                    ``(B) support statewide legal coordinators in each 
                pilot State to manage referrals for victims to 
                attorneys and to train attorneys on related domestic 
                violence issues.
            ``(4) Role of statewide legal coordinator.--A statewide 
        legal coordinator under this subsection shall--
                    ``(A) be employed by the State domestic violence 
                coalition, unless the State domestic violence coalition 
                determines that the needs of victims throughout the 
                State would be best served if the coordinator was 
                employed by another statewide organization;
                    ``(B) be an attorney in good standing licensed to 
                practice law in the applicable State;
                    ``(C) have or obtain training to gain expertise in 
                providing legal assistance to victims of domestic 
                violence;
                    ``(D) develop and maintain an updated database of 
                attorneys throughout the State, including--
                            ``(i) legal services programs;
                            ``(ii) volunteer programs;
                            ``(iii) organizations serving immigrant 
                        women;
                            ``(iv) law school clinical programs;
                            ``(v) bar associations;
                            ``(vi) attorneys in the National Domestic 
                        Violence Volunteer Attorney Network; and
                            ``(vii) local domestic violence programs;
                    ``(E) consult and coordinate with existing 
                statewide and local programs including volunteer 
                representation projects or statewide legal services 
                programs;
                    ``(F) provide referrals to victims who are seeking 
                legal representation in matters arising as a 
                consequence of the abuse or violence;
                    ``(G) participate in biannual meetings with other 
                pilot program grantees, American Bar Association 
                Commission on Domestic Violence, American Bar 
                Association Committee on Pro Bono and Public Service, 
                and national domestic violence legal technical 
                assistance providers;
                    ``(H) receive referrals of victims seeking legal 
                representation from the National Domestic Violence 
                Hotline and other sources;
                    ``(I) receive and disseminate information regarding 
                volunteer attorneys and training and mentoring 
                opportunities; and
                    ``(J) work with the Office on Violence Against 
                Women, the American Bar Association Commission on 
                Domestic Violence, and the National Domestic Violence 
                Legal Advisory Task Force to assess the effectiveness 
                of the pilot program.
            ``(5) Eligibility for grants.--The Attorney General shall 
        award grants to statewide legal coordinators under this 
        subsection for purposes of the pilot program established under 
        paragraph (1).
            ``(6) Authorization of appropriations.--There are 
        authorized to be appropriated $750,000 for fiscal year 2009 to 
        fund at least 1 statewide coordinator position and other costs 
        associated with the position in the 5 pilot program States 
        under this subsection.
            ``(7) Evaluation and reporting.--An entity receiving a 
        grant under this subsection shall submit to the Department of 
        Justice a report detailing the activities taken with the grant 
        funds, including such additional information as the agency 
        shall require.
    ``(b) National Program.--
            ``(1) Purpose.--The purpose of the national program under 
        this subsection is to--
                    ``(A) provide for a coordinated system of ensuring 
                that domestic violence victims throughout the country 
                have access to safe, culturally, and linguistically 
                appropriate representation in legal matters arising as 
                a consequence of the abuse or violence; and
                    ``(B) support statewide legal coordinators in each 
                State to coordinate referrals to domestic violence 
                attorneys and to train attorneys on related domestic 
                violence issues, including immigration matters.
            ``(2) Grants.--The Attorney General shall award grants to 
        States for the purposes set forth in subsection (a) and to 
        support designated statewide legal coordinators under this 
        subsection.
            ``(3) Role of the statewide legal coordinator.--The 
        statewide legal coordinator under this subsection shall be 
        subject to the requirements and responsibilities provided in 
        subsection (a)(4).
            ``(4) Guidelines.--The Office on Violence Against Women, in 
        consultation with the Domestic Violence Legal Advisory Task 
        Force and the results detailed in the Study of Legal 
        Representation of Domestic Violence Victims, shall develop 
        guidelines for the implementation of the national program under 
        this subsection, based on the effectiveness of the Pilot 
        Program in improving victims' access to culturally and 
        linguistically appropriate legal representation in the pilot 
        States.
            ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated $8,000,000 for each of the fiscal 
        years 2010 through 2013 to fund the statewide coordinator 
        position in every State and other costs associated with the 
        position.
            ``(6) Evaluation and reporting.--An entity receiving a 
        grant under this subsection shall submit to the Department of 
        Justice a report detailing the activities taken with the grant 
        funds, including such additional information as the agency 
        shall require.

``SEC. 41703. TECHNICAL ASSISTANCE FOR THE NATIONAL DOMESTIC VIOLENCE 
              VOLUNTEER ATTORNEY NETWORK.

    ``(a) Purposes.--The purpose of this section is to allow--
            ``(1) national domestic violence legal technical assistance 
        providers to expand their services to provide training and 
        ongoing technical assistance to volunteer attorneys in the 
        National Domestic Violence Volunteer Attorney Network; and
            ``(2) providers of domestic violence law to receive 
        additional funding to train and assist attorneys in the areas 
        of--
                    ``(A) custody and child support;
                    ``(B) employment;
                    ``(C) housing;
                    ``(D) immigrant victims' legal needs (including 
                immigration, protection order, family and public 
                benefits issues); and
                    ``(E) interstate custody and relocation law.
    ``(b) Grants.--The Attorney General shall award grants to national 
domestic violence legal technical assistance providers to expand their 
services to provide training and ongoing technical assistance to 
volunteer attorneys in the National Domestic Violence Volunteer 
Attorney Network, statewide legal coordinators, the National Domestic 
Violence Hotline, and Internet-based legal referral organizations 
described in section 1201(i)(1).
    ``(c) Eligibility for Other Grants.--A receipt of an award under 
this section shall not preclude the national domestic violence legal 
technical assistance providers from receiving additional grants under 
the Office on Violence Against Women's Technical Assistance Program to 
carry out the purposes of that program.
    ``(d) Eligible Entities.--In this section, an eligible entity is a 
national domestic violence legal technical assistance provider that--
            ``(1) has expertise on legal issues that arise in cases of 
        victims of domestic violence, dating violence and stalking, 
        including family, immigration, housing, protection order, 
        public benefits, custody, child support, interstate custody and 
        relocation, employment and other civil legal needs of victims; 
        and
            ``(2) has an established record of providing technical 
        assistance and support to lawyers representing victims of 
        domestic violence.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $800,000 for national domestic 
violence legal technical assistance providers for each of the fiscal 
years 2009 through 2013.

``SEC. 41704. NATIONAL DOMESTIC VIOLENCE HOTLINE LEGAL REFERRALS.

    ``(a) Legal Referrals by the National Domestic Violence Hotline.--
            ``(1) In general.--The Attorney General may award grants to 
        the National Domestic Violence Hotline (as authorized by 
        section 316 of the Family Violence Prevention and Services Act 
        (42 U.S.C. 10416)) to provide information about statewide legal 
        coordinators and legal services.
            ``(2) Use of funds.--Funds allocated to the National 
        Domestic Violence Hotline under this subsection shall be used 
        to--
                    ``(A) update the Hotline's technology and systems 
                to reflect legal services and referrals to statewide 
                legal coordinators;
                    ``(B) collaborate with the American Bar Association 
                Commission on Domestic Violence and the national 
                domestic violence legal technical assistance providers 
                to train and provide appropriate assistance to the 
                Hotline's advocates on legal services; and
                    ``(C) maintain a network of legal services and 
                statewide legal coordinators and collaborate with the 
                American Bar Association Commission on Domestic 
                Violence.
            ``(3) Authorization.--There are authorized to be 
        appropriated to carry out this subsection $500,000 for each of 
        the fiscal years 2009 through 2013.
    ``(b) Legal Referrals by Internet-Based Services for Domestic 
Violence Victims.--
            ``(1) In general.--The Attorney General may award grants to 
        Internet-based non-profit organizations with a demonstrated 
        expertise on domestic violence to provide State-specific 
        information about statewide legal coordinators and legal 
        services through the Internet.
            ``(2) Use of funds.--Funds allocated to Internet-based 
        organizations under this subsection shall be used to--
                    ``(A) collaborate with the American Bar Association 
                Commission on Domestic Violence and the national 
                domestic violence legal technical assistance providers 
                to train and provide appropriate assistance to 
                personnel on referring legal services; and
                    ``(B) maintain a network of legal services and 
                statewide legal coordinators, and collaborate with the 
                American Bar Association Commission on Domestic 
                Violence and the National Domestic Violence Hotline.
            ``(3) Authorization.--There are authorized to be 
        appropriated to carry out this subsection $250,000 for each of 
        the fiscal years 2009 through 2013.

``SEC. 41705. STUDY OF LEGAL REPRESENTATION OF DOMESTIC VIOLENCE 
              VICTIMS.

    ``(a) In General.--The National Institute of Justice shall study 
the scope and quality of legal representation and advocacy for victims 
of domestic violence, dating violence, and stalking, including the 
provision of culturally and linguistically appropriate services.
    ``(b) Scope of Study.--The National Institute of Justice shall 
specifically assess the representation and advocacy of--
            ``(1) organizations providing direct legal services and 
        other support to victims of domestic violence, dating violence, 
        and stalking, including Legal Services Corporation grantees, 
        non-Legal Services Corporation legal services organizations, 
        domestic violence programs receiving Legal Assistance for 
        Victims grants or other funds under this Act to provide legal 
        assistance, volunteer programs (including those operated by bar 
        associations and law firms), law schools which operate domestic 
        violence, and family law clinical programs; and
            ``(2) organizations providing support to direct legal 
        services delivery programs and to their volunteer attorneys, 
        including State coalitions on domestic violence, the National 
        Legal Aid and Defender Association, the American Bar 
        Association Commission on Domestic Violence, the American Bar 
        Association Committee on Pro Bono and Public Service, State bar 
        associations, judicial organizations, and national advocacy 
        organizations (including the Legal Resource Center on Violence 
        Against Women, and the National Center on Full Faith and 
        Credit).
    ``(c) Assessment.--The assessment shall, with respect to each 
entity under subsection (b), include--
            ``(1) what kind of legal assistance is provided to victims 
        of domestic violence, such as counseling or representation in 
        court proceedings;
            ``(2) number of lawyers on staff;
            ``(3) how legal services are being administered in a 
        culturally and linguistically appropriate manner, and the 
        number of multilingual advocates;
            ``(4) what type of cases are related to the abuse, such as 
        protective orders, divorce, housing, and child custody matters, 
        and immigration filings;
            ``(5) what referral mechanisms are used to match a lawyer 
        with a domestic violence victim;
            ``(6) what, if any, collaborative partnerships are in place 
        between the legal services program and domestic violence 
        agencies;
            ``(7) what existing technical assistance or training on 
        domestic violence and legal skills is provided to attorneys 
        providing legal services to victims of domestic violence;
            ``(8) what training or technical assistance for attorneys 
        would improve the provision of legal services to victims of 
        domestic violence;
            ``(9) how does the organization manage means-testing or 
        income requirements for clients;
            ``(10) what, if any legal support is provided by nonlawyer 
        victim advocates; and
            ``(11) whether they provide support to or sponsor a pro 
        bono legal program providing legal representation to victims of 
        domestic violence.
    ``(d) Report.--Not later than 1 year after the date of enactment of 
this title, the National Institute of Justice shall submit to Congress 
a report on the findings and recommendations of the study required by 
this section.

``SEC. 41706. ESTABLISH A DOMESTIC VIOLENCE LEGAL ADVISORY TASK FORCE.

    ``(a) In General.--The Attorney General shall establish the 
Domestic Violence Legal Advisory Task Force to provide guidance for the 
implementation of the Study of Legal Representation of Domestic 
Violence Victims under section 41705, the Pilot Program for the 
National Domestic Violence Volunteer Attorney Referral Project under 
section 41702(a), and the National Program for the National Domestic 
Violence Volunteer Attorney Referral Project under section 41702(b).
    ``(b) Composition.--The Task Force established under this section 
shall be composed of experts in providing legal assistance to domestic 
violence victims and developing effective volunteer programs providing 
legal assistance to domestic violence victims, including judges with 
expertise in domestic violence, individuals with experience 
representing low-income domestic violence victims, and private bar 
members involved with volunteer legal services.
    ``(c) Responsibilities.--The Task Force shall--
            ``(1) provide ongoing advice to the American Bar 
        Association Commission on Domestic Violence, the National 
        Domestic Violence Hotline, and the Statewide Coordinators 
        regarding implementation of the pilot program under section 
        41702(a) and the National Program of the Domestic Violence 
        Volunteer Attorney Referral Project under section 41702(b);
            ``(2) provide recommendations to the Office on Violence 
        Against Women regarding the selection of the 5 sites for the 
        pilot program under section 41702(a); and
            ``(3) attend regular meetings covered by the American Bar 
        Association Commission or Domestic Violence.
    ``(d) Report.--The Task Force shall report to Congress every 2 
years on its work under this section.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $100,000 for each of the fiscal 
years 2009 through 2013.''.
                                 <all>