[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1515 Reported in Senate (RS)]






                                                       Calendar No. 909
110th CONGRESS
  2d Session
                                S. 1515

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 24, 2007

Mr. Biden (for himself, Mr. Specter, Mr. Bayh, Mr. Stevens, Mr. Brown, 
Mr. Johnson, Ms. Murkowski, Mr. Casey, Mr. Whitehouse, and Mr. Schumer) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

                July 29 (legislative day, July 28), 2008

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``National Domestic Violence 
Volunteer Attorney Network Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act, the terms ``dating partner'', ``dating 
violence'', ``domestic violence'', ``legal assistance'', 
``linguistically and culturally specific services'', ``stalking'', and 
``State domestic violence coalitions'' shall have the same meaning 
given such terms in section 3 of the Violence Against Women and 
Department of Justice Reauthorization Act of 2005 (Public Law 109-
162).</DELETED>

<DELETED>SEC. 3. NATIONAL DOMESTIC VIOLENCE VOLUNTEER ATTORNEY 
              NETWORK.</DELETED>

<DELETED>    Section 1201 of the Violence Against Women Act of 2000 (42 
U.S.C. 3796gg-6) is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(g) National Domestic Violence Volunteer Attorney 
Network.--</DELETED>
        <DELETED>    ``(1) In general.--</DELETED>
                <DELETED>    ``(A) 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.</DELETED>
                <DELETED>    ``(B) Use of funds.--Funds allocated to 
                the American Bar Association's Commission on Domestic 
                Violence under this subsection shall be used to--
                </DELETED>
                        <DELETED>    ``(i) create and maintain a 
                        network to field and manage inquiries from 
                        volunteer lawyers seeking to represent and 
                        assist victims of domestic violence;</DELETED>
                        <DELETED>    ``(ii) solicit lawyers to serve as 
                        volunteer lawyers in the network;</DELETED>
                        <DELETED>    ``(iii) retain dedicated staff to 
                        support volunteer attorneys by--</DELETED>
                                <DELETED>    ``(I) providing field 
                                technical assistance 
                                inquiries;</DELETED>
                                <DELETED>    ``(II) providing on-going 
                                mentoring and support;</DELETED>
                                <DELETED>    ``(III) collaborating with 
                                national domestic violence legal 
                                technical assistance providers and 
                                statewide legal coordinators and local 
                                legal services programs; and</DELETED>
                                <DELETED>    ``(IV) developing legal 
                                education and other training materials; 
                                and</DELETED>
                        <DELETED>    ``(iv) 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.</DELETED>
        <DELETED>    ``(2) Authorization.--There are authorized to be 
        appropriated to carry out this subsection $2,000,000 for each 
        of the fiscal years 2008 and 2009 and $3,000,000 for each of 
        the fiscal years 2010 through 2013.</DELETED>
        <DELETED>    ``(3) Eligibility for other grants.--A receipt of 
        an award under this subsection 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.</DELETED>
        <DELETED>    ``(4) Other conditions.--</DELETED>
                <DELETED>    ``(A) Prohibition on tort litigation.--
                Funds appropriated for the grant program under this 
                subsection may not be used to fund civil representation 
                in a lawsuit based on a tort claim. This subparagraph 
                shall not be construed as a prohibition on providing 
                assistance to obtain restitution.</DELETED>
                <DELETED>    ``(B) Prohibition on lobbying.--Any funds 
                appropriated under this subsection shall be subject to 
                the prohibitions in section 1913 of title 18, United 
                States Code, relating to lobbying with appropriated 
                moneys.''.</DELETED>

<DELETED>SEC. 4. DOMESTIC VIOLENCE VOLUNTEER ATTORNEY REFERRAL 
              PROGRAM.</DELETED>

<DELETED>    (a) Pilot Program.--</DELETED>
        <DELETED>    (1) In general.--For fiscal years 2008 and 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.</DELETED>
        <DELETED>    (2) Criteria.--Criteria for selecting the States 
        for the pilot program under this subsection shall include--
        </DELETED>
                <DELETED>    (A) equitable distribution between urban 
                and rural areas, equitable geographical 
                distribution;</DELETED>
                <DELETED>    (B) States that have a demonstrated 
                capacity to coordinate among local and statewide 
                domestic violence organizations;</DELETED>
                <DELETED>    (C) organizations serving immigrant women; 
                and</DELETED>
                <DELETED>    (D) volunteer legal services offices 
                throughout the State.</DELETED>
        <DELETED>    (3) Purpose.--The purpose of the pilot program 
        under this subsection is to--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) support statewide legal coordinators 
                in each State to manage referrals for victims to 
                attorneys and to train attorneys on related domestic 
                violence issues.</DELETED>
        <DELETED>    (4) Role of statewide legal coordinator.--A 
        statewide legal coordinator under this subsection shall--
        </DELETED>
                <DELETED>    (A) be employed by the statewide domestic 
                violence coalition, unless the statewide 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;</DELETED>
                <DELETED>    (B) develop and maintain an updated 
                database of attorneys throughout the State, including--
                </DELETED>
                        <DELETED>    (i) legal services 
                        programs;</DELETED>
                        <DELETED>    (ii) volunteer programs;</DELETED>
                        <DELETED>    (iii) organizations serving 
                        immigrant women;</DELETED>
                        <DELETED>    (iv) law school clinical 
                        programs;</DELETED>
                        <DELETED>    (v) bar associations;</DELETED>
                        <DELETED>    (vi) attorneys in the National 
                        Domestic Violence Volunteer Attorney Network; 
                        and</DELETED>
                        <DELETED>    (vii) local domestic violence 
                        programs;</DELETED>
                <DELETED>    (C) consult and coordinate with existing 
                statewide and local programs including volunteer 
                representation projects or statewide legal services 
                programs;</DELETED>
                <DELETED>    (D) provide referrals to victims who are 
                seeking legal representation in matters arising as a 
                consequence of the abuse or violence;</DELETED>
                <DELETED>    (E) 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;</DELETED>
                <DELETED>    (F) receive referrals of victims seeking 
                legal representation from the National Domestic 
                Violence Hotline and other sources;</DELETED>
                <DELETED>    (G) receive and disseminate information 
                regarding volunteer attorneys and training and 
                mentoring opportunities; and</DELETED>
                <DELETED>    (H) 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.</DELETED>
        <DELETED>    (5) Eligibility for grants.--The Attorney General 
        shall award grants to statewide legal coordinators under this 
        subsection.</DELETED>
        <DELETED>    (6) Authorization of appropriations.--There are 
        authorized to be appropriated $750,000 for each of fiscal years 
        2008 and 2009 to fund the statewide coordinator positions and 
        other costs associated with the position in the 5 pilot program 
        States under this subsection.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) National Program.--</DELETED>
        <DELETED>    (1) Purpose.--The purpose of the national program 
        under this subsection is to--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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 section, based on the effectiveness of the 
        Pilot Program in improving victims' access to culturally and 
        linguistically appropriate legal representation in the pilot 
        States.</DELETED>
        <DELETED>    (5) Authorization of appropriations.--There are 
        authorized to be appropriated $8,000,000 for each of fiscal 
        years 2010 through 2013 to fund the statewide coordinator 
        position in every State and other costs associated with the 
        position.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 5. TECHNICAL ASSISTANCE FOR THE NATIONAL DOMESTIC 
              VIOLENCE VOLUNTEER ATTORNEY NETWORK.</DELETED>

<DELETED>    (a) Purposes.--The purpose of this section is to allow--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) providers of domestic violence law to receive 
        additional funding to train and assist attorneys in the areas 
        of--</DELETED>
                <DELETED>    (A) custody and child support;</DELETED>
                <DELETED>    (B) employment;</DELETED>
                <DELETED>    (C) housing;</DELETED>
                <DELETED>    (D) immigrant victims' legal needs 
                (including immigration, protection order, family and 
                public benefits issues); and</DELETED>
                <DELETED>    (E) interstate custody and relocation 
                law.</DELETED>
<DELETED>    (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) of the Violence Against 
Women Act of 2000, as added by section 6.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Eligible Entities.--In this section, an eligible 
entity is a national domestic violence legal technical assistance 
provider that--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) has an established record of providing 
        technical assistance and support to lawyers representing 
        victims of domestic violence.</DELETED>
<DELETED>    (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 fiscal 
year from 2008 through 2013.</DELETED>

<DELETED>SEC. 6. NATIONAL DOMESTIC VIOLENCE HOTLINE LEGAL 
              REFERRALS.</DELETED>

<DELETED>    Section 1201 of the Violence Against Women Act of 2000 (42 
U.S.C. 3796gg-6) is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(h) Legal Referrals by the National Domestic Violence 
Hotline.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Use of funds.--Funds allocated to the 
        National Domestic Violence Hotline under this subsection shall 
        be used to--</DELETED>
                <DELETED>    ``(A) update the Hotline's technology and 
                systems to reflect legal services and referrals to 
                statewide legal coordinators;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) maintain a network of legal services 
                and statewide legal coordinators and collaborate with 
                the American Bar Association Commission on Domestic 
                Violence.</DELETED>
        <DELETED>    ``(3) Authorization.--There are to be appropriated 
        to carry out this subsection $500,000 for each of fiscal years 
        2008 through 2013.</DELETED>
<DELETED>    ``(i) Legal Referrals by Internet-Based Services for 
Domestic Violence Victims.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Use of funds.--Funds allocated to Internet-
        based organizations under this subsection shall be used to--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Authorization.--There are to be appropriated 
        to carry out this subsection $250,000 for each fiscal years of 
        2008 through 2013.''.</DELETED>

<DELETED>SEC. 7. STUDY OF LEGAL REPRESENTATION OF DOMESTIC VIOLENCE 
              VICTIMS.</DELETED>

<DELETED>    (a) In General.--The General Accountability Office 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.</DELETED>
<DELETED>    (b) Scope of Study.--The General Accountability Office 
shall specifically assess the representation and advocacy of--
</DELETED>
        <DELETED>    (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 Violence Against Women 
        Act funds 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</DELETED>
        <DELETED>    (2) organizations providing support to direct 
        legal services delivery programs and to their volunteer 
        attorneys, including State coalitions on domestic violence, 
        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).</DELETED>
<DELETED>    (c) Assessment.--The assessment shall, with respect to 
each entity under subsection (b), include--</DELETED>
        <DELETED>    (1) what kind of legal assistance is provided to 
        victims of domestic violence, such as counseling or 
        representation in court proceedings;</DELETED>
        <DELETED>    (2) number of lawyers on staff;</DELETED>
        <DELETED>    (3) how legal services are being administered in a 
        culturally and linguistically appropriate manner, and the 
        number of multi-lingual advocates;</DELETED>
        <DELETED>    (4) what type of cases are related to the abuse, 
        such as protective orders, divorce, housing, and child custody 
        matters, and immigration filings;</DELETED>
        <DELETED>    (5) what referral mechanisms are used to match a 
        lawyer with a domestic violence victim;</DELETED>
        <DELETED>    (6) what, if any, collaborative partnerships are 
        in place between the legal services program and domestic 
        violence agencies;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (8) what training or technical assistance for 
        attorneys would improve the provision of legal services to 
        victims of domestic violence;</DELETED>
        <DELETED>    (9) how does the organization manage means-testing 
        or income requirements for clients;</DELETED>
        <DELETED>    (10) what, if any legal support is provided by 
        non-lawyer victim advocates; and</DELETED>
        <DELETED>    (11) whether they provide support to or sponsor a 
        pro bono legal program providing legal representation to 
        victims of domestic violence.</DELETED>
<DELETED>    (d) Report.--Not later than 1 year after the date of 
enactment of this Act, the General Accountability Office shall submit 
to Congress a report on the findings and recommendations of the study 
required by this section.</DELETED>

<DELETED>SEC. 8. ESTABLISH A DOMESTIC VIOLENCE LEGAL ADVISORY TASK 
              FORCE.</DELETED>

<DELETED>    (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, the Pilot Program for the National Domestic Violence 
Volunteer Attorney Referral Project, and the National Program for the 
National Domestic Violence Volunteer Attorney Referral 
Project.</DELETED>
<DELETED>    (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 on domestic violence, individuals with experience 
representing low-income domestic violence victims, and private bar 
members involved with volunteer legal services.</DELETED>
<DELETED>    (c) Responsibilities.--The Task Force shall provide--
</DELETED>
        <DELETED>    (1) 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 and the National Program of 
        the Domestic Violence Volunteer Attorney Referral 
        Project;</DELETED>
        <DELETED>    (2) recommendations to the Office on Violence 
        Against Women regarding the selection of the 5 sites for the 
        Pilot Program; and</DELETED>
        <DELETED>    (3) attend regular meetings covered by American 
        Bar Association Commission or Domestic Violence.</DELETED>
<DELETED>    (d) Report.--The Task Force shall report to Congress every 
2 years on its work under this section.</DELETED>
<DELETED>    (e) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $100,000 for each of 
fiscal years 2008 through 2013.</DELETED>

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. 41601. 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 each of the fiscal years 2008 and 
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. 41602. DOMESTIC VIOLENCE VOLUNTEER ATTORNEY REFERRAL PROGRAM.

    ``(a) Pilot Program.--
            ``(1) In general.--For fiscal years 2008 and 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, equitable geographical distribution;
                    ``(B) States that have a demonstrated capacity to 
                coordinate among local and statewide domestic violence 
                organizations;
                    ``(C) organizations serving immigrant women; and
                    ``(D) 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 
                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 statewide domestic 
                violence coalition, unless the statewide 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.
            ``(6) Authorization of appropriations.--There are 
        authorized to be appropriated $750,000 for each of fiscal years 
        2008 and 2009 to fund at least 1 statewide coordinator 
        positions 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 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. 41603. 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 fiscal year from 
2008 through 2013.

``SEC. 41604. 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 to be appropriated to carry 
        out this subsection $500,000 for each of fiscal years 2008 
        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 to be appropriated to carry 
        out this subsection $250,000 for each fiscal years of 2008 
        through 2013.

``SEC. 41605. 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. 41606. 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, the Pilot Program for the National Domestic Violence 
Volunteer Attorney Referral Project, and the National Program for the 
National Domestic Violence Volunteer Attorney Referral Project.
    ``(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 on 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 provide--
            ``(1) 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 and the National Program of 
        the Domestic Violence Volunteer Attorney Referral Project;
            ``(2) recommendations to the Office on Violence Against 
        Women regarding the selection of the 5 sites for the Pilot 
        Program; and
            ``(3) attend regular meetings covered by 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 fiscal 
years 2008 through 2013.''.
                                                       Calendar No. 909

110th CONGRESS

  2d Session

                                S. 1515

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                July 29 (legislative day, July 28), 2008

                       Reported with an amendment