[Congressional Record Volume 153, Number 86 (Thursday, May 24, 2007)]
[Senate]
[Pages S6877-S6879]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN (for himself and Mr. Specter):
  S. 1515. A bill to establish a domestic violence volunteer attorney 
network to represent domestic violence victims; to the Committee on the 
Judiciary.
  Mr. BIDEN. Mr. President, today I am introducing with my good friend 
from Pennsylvania, Senator Specter, an innovative bill that will help 
the lives of domestic violence victims. Sadly, domestic violence 
remains a reality for one out of four women in our country. Experts 
agree a pivotal factor to ending domestic violence is meaningful access 
to the justice system. Recent academic research finds that increased 
provision of legal services is ``one likely significant factor in 
explaining the decline [of domestic violence] . . . Because legal 
services help women with practical matters such as protective orders, 
custody, and child support they appear to actually present women with 
real, longterm alternatives to their relationships.'' Stopping the 
violence hinges on a victim's ability to obtain effective protection 
orders, initiate separation proceedings or design safe child custody.
  Yet thousands of victims of domestic violence go without 
representation every day in this country. A patchwork of services do 
their best to provide represent domestic violence victims, law school 
clinics, individual State domestic violence coalitions, legal services, 
and private attorneys. But there are obvious gaps and simply not enough 
lawyers for victims and their myriad legal needs due to the abuse, 
including protection orders, divorce and child custody, immigration 
adjustments, and bankruptcy declarations. Experts estimate that current 
legal services serve about 170,000 low-income domestic violence victims 
each year and yet, there are at least 1 million victims each year. At 
best then, less than 1 out of 5 low-income victims ever see a lawyer.
  I believe there is a wealth of untapped resources in this country, 
lawyers who want to volunteer. My National Domestic Violence Volunteer 
Act would harness the skills, enthusiasm and dedication of these 
lawyers and infuse 100,000 new volunteer lawyers into the justice 
system to represent domestic violence victims. We should make it as 
smooth and simple for volunteer lawyers. My bill creates a streamlined, 
organized and national system to connect lawyers to clients.
  I can't overemphasize the importance of having a lawyer standing 
shoulder-to-shoulder with a victim as she navigates the system. We must 
match a willing lawyer to a victim as soon as the victim calls the 
Hotline, walks into a courtroom or involves the police. It is at that 
crucial moment a victim needs to feel support, and if she doesn't, she 
may retreat back into the abuse.
  To enlist, train and place volunteer lawyers, my bill creates a new, 
electronic National Domestic Violence Attorney Network and Referral 
Project that will be administered by the American Bar Association 
Commission on Domestic Violence.
  There are five components of my legislation.
  First, it creates a National Domestic Violence Volunteer Attorney 
Network Referral Project to be managed by the American Bar Association 
Commission on Domestic Violence. With $2 million of new Federal funding 
each year, the American Bar Association Commission on Dometic Violence 
will solicit for volunteer lawyers and then create and maintain an 
electronic network. It will provide appropriate mentoring, training and 
technical assistance to volunteer lawyers. And it will establish and 
maintain a point of contact in each State, a statewide legal 
coordinator, to help match willing lawyers to victims.
  Second, it enlists the National Domestic Violence Hotline and 
Internet sources to provide legal referrals. The bill will help the 
National Domestic Violence Hotline to update their system and train 
advocates on how to provide legal referrals to callers in coordination 
with the American Bar Association Commission on Domestic Violence. 
Legal referrals may also be done by qualified Internet-based services.
  Third, it creates a Pilot Program and National Rollout of National 
Domestic Violence Volunteer Attorney Network and Referral Project. The 
bill designs a pilot program to implement the volunteer attorney 
network in five diverse States. The Office on Violence Against Women in 
the Department of Justice will administer these monies to qualified 
statewide legal coordinators to help them connect with the ABA 
Commission on Domestic Violence, the National Domestic Violence 
Hotline, and the volunteer lawyers. After a successful stint in five 
States, the bill will rollout the program nationally.
  Fourth, the measure establishes a Domestic Violence Legal Advisory 
Task Force to monitor the program and make recommendations.
  Fifth, the bill mandates the General Accounting Office to study each 
State and assess the scope and quality of legal services available to 
battered women and report back to Congress within a year.
  A terrific roundtable of groups reviewed and contributed to this 
legislation, including the National Network to End Domestic Violence, 
the Legal Resource Center for Violence Against Women, the National 
Coalition Against Domestic Violence, the National Council of Juvenile 
and Family Court Judges, the American Bar Association, WomensLaw.org, 
the National Domestic Violence Hotline, the Legal Services Corporation, 
the American Prosecutors Research Institute, National Legal Aid and 
Defenders Association, National Center for State Courts, National 
Association for Attorneys General, Battered Women's Justice Project, 
National Association of Women Judges, National Association of Women 
Lawyers, National Crime Victim Bar Association and National Center for 
the Victims of Crime.
  I want to end today with a story about an American hero, a woman who 
has been to hell and back and now is a tremendous advocate for domestic 
violence victims, Yvette Cade. I want to tell it to you because I think 
it serves as such a powerful message about why battered women should 
have legal assistance.
  Yvette Cade, a Maryland resident, was doused with gasoline and set on 
fire by her estranged husband while she was at work. Half of her upper 
body, including her entire face, suffered third-degree burns, the most 
serious level.
  Just three weeks before the attack, a judge dismissed the protective 
order Yvette had against her husband, despite her protests that he was 
violent. At the hearing in which the judge dismissed Cade's protective 
order, the judge told Cade he could not be her advocate, only the 
``umpire.'' Cade told him that she no longer wanted to be married to 
her abusive husband. The judge replied, ``well, then get a lawyer, and 
get a divorce. That's all you have to do,'' I believe that today's 
National Domestic Violence Volunteer Attorney Network Act would make 
getting a lawyer a reality, not just good advice.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.

[[Page S6878]]

  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1515

       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. DEFINITIONS.

       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).

     SEC. 3. NATIONAL DOMESTIC VIOLENCE VOLUNTEER ATTORNEY 
                   NETWORK.

       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:
       ``(g) National Domestic Violence Volunteer Attorney 
     Network.--
       ``(1) In general.--
       ``(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.
       ``(B) Use of funds.--Funds allocated to the American Bar 
     Association's Commission on Domestic Violence under this 
     subsection shall be used to--
       ``(i) create and maintain a network to field and manage 
     inquiries from volunteer lawyers seeking to represent and 
     assist victims of domestic violence;
       ``(ii) solicit lawyers to serve as volunteer lawyers in the 
     network;
       ``(iii) 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

       ``(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.
       ``(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.
       ``(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.
       ``(4) Other conditions.--
       ``(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.
       ``(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.''.

     SEC. 4. 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) 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;
       (C) consult and coordinate with existing statewide and 
     local programs including volunteer representation projects or 
     statewide legal services programs;
       (D) provide referrals to victims who are seeking legal 
     representation in matters arising as a consequence of the 
     abuse or violence;
       (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;
       (F) receive referrals of victims seeking legal 
     representation from the National Domestic Violence Hotline 
     and other sources;
       (G) receive and disseminate information regarding volunteer 
     attorneys and training and mentoring opportunities; and
       (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.
       (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 the 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 section, 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. 5. 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.

[[Page S6879]]

       (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.
       (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. 6. NATIONAL DOMESTIC VIOLENCE HOTLINE LEGAL REFERRALS.

       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:
       ``(h) 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.
       ``(i) 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. 7. STUDY OF LEGAL REPRESENTATION OF DOMESTIC VIOLENCE 
                   VICTIMS.

       (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.
       (b) Scope of Study.--The General Accountability Office 
     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 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
       (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).
       (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 multi-lingual 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 non-lawyer 
     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 Act, the General Accountability Office 
     shall submit to Congress a report on the findings and 
     recommendations of the study required by this section.

     SEC. 8. 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.
                                 ______