[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 717 Enrolled Bill (ENR)]
S.717
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
An Act
To promote pro bono legal services as a critical way in which to empower
survivors of domestic violence.
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 ``Pro bono Work to Empower and
Represent Act of 2018'' or the ``POWER Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Extremely high rates of domestic violence, dating violence,
sexual assault, and stalking exist at the local, State, tribal, and
national levels and such violence or behavior harms the most
vulnerable members of our society.
(2) According to a study commissioned by the Department of
Justice, nearly 25 percent of women suffer from domestic violence
during their lifetime.
(3) Proactive efforts should be made available in all forums to
provide pro bono legal services and eliminate the violence that
destroys lives and shatters families.
(4) A variety of factors cause domestic violence, dating
violence, sexual assault, and stalking, and a variety of solutions
at the local, State, and national levels are necessary to combat
such violence or behavior.
(5) According to the National Network to End Domestic Violence,
which conducted a census including almost 1,700 assistance
programs, over the course of 1 day in September 2014, more than
10,000 requests for services, including legal representation, were
not met.
(6) Pro bono assistance can help fill this need by providing
not only legal representation, but also access to emergency
shelter, transportation, and childcare.
(7) Research and studies have demonstrated that the provision
of legal assistance to victims of domestic violence, dating
violence, sexual assault, and stalking reduces the probability of
such violence or behavior reoccurring in the future and can help
survivors move forward.
(8) Legal representation increases the possibility of
successfully obtaining a protective order against an attacker,
which prevents further mental and physical injury to a victim and
his or her family, as demonstrated by a study that found that 83
percent of victims represented by an attorney were able to obtain a
protective order, whereas only 32 percent of victims without an
attorney were able to do so.
(9) The American Bar Association Model Rules include commentary
stating that ``every lawyer, regardless of professional prominence
or professional workload, has a responsibility to provide legal
services to those unable to pay, and personal involvement in the
problems of the disadvantaged can be one of the most rewarding
experiences in the life of a lawyer''.
(10) As leaders in their legal communities, judges in district
courts should encourage lawyers to provide pro bono resources in an
effort to help victims of such violence or behavior escape the
cycle of abuse.
(11) A dedicated army of pro bono attorneys focused on this
mission will inspire others to devote efforts to this cause and
will raise awareness of the scourge of domestic violence, dating
violence, sexual assault, and stalking throughout the country.
(12) Communities, by providing awareness of pro bono legal
services and assistance to survivors of domestic violence, dating
violence, sexual assault, and stalking, will empower those
survivors to move forward with their lives.
SEC. 3. DISTRICT COURTS TO PROMOTE EMPOWERMENT EVENTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter for a period of 4 years, the chief
judge, or his or her designee, for each judicial district shall lead
not less than one public event, in partnership with a State, local,
tribal, or territorial domestic violence service provider or coalition
and a State or local volunteer lawyer project, promoting pro bono legal
services as a critical way in which to empower survivors of domestic
violence, dating violence, sexual assault, and stalking and engage
citizens in assisting those survivors.
(b) Districts Containing Indian Tribes and Tribal Organizations.--
During each 2-year period, the chief judge, or his or her designee, for
a judicial district that contains an Indian tribe or tribal
organization (as those terms are defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5304)) shall
lead not less than one public event promoting pro bono legal services
under subsection (a) of this section in partnership with an Indian
tribe or tribal organization with the intent of increasing the
provision of pro bono legal services for Indian or Alaska Native
victims of domestic violence, dating violence, sexual assault, and
stalking.
(c) Requirements.--Each chief judge shall--
(1) have discretion as to the design, organization, and
implementation of the public events required under subsection (a);
and
(2) in conducting a public event under subsection (a), seek to
maximize the local impact of the event and the provision of access
to high-quality pro bono legal services by survivors of domestic
violence, dating violence, sexual assault, and stalking.
SEC. 4. REPORTING REQUIREMENTS.
(a) Report to the Director of the Administrative Office of the
United States Courts.--Not later than October 30 of each year, each
chief judge shall submit to the Director of the Administrative Office
of the United States Courts a report detailing each public event
conducted under section 3 during the previous fiscal year.
(b) Report to Congress.--
(1) In general.--Not later than January 1 of each year, the
Director of the Administrative Office of the United States Courts
shall submit to Congress a compilation and summary of each report
received under subsection (a) for the previous fiscal year.
(2) Requirement.--Each comprehensive report submitted under
paragraph (1) shall include an analysis of how each public event
meets the goals set forth in this Act, as well as suggestions on
how to improve future public events.
SEC. 5. FUNDING.
The Administrative Office of the United States Courts shall use
existing funds to carry out the requirements of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.