[Congressional Record Volume 163, Number 130 (Tuesday, August 1, 2017)]
[Senate]
[Pages S4694-S4695]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PRO BONO WORK TO EMPOWER AND REPRESENT ACT OF 2017
Mr. PORTMAN. Mr. President, I ask unanimous consent that the
Committee on the Judiciary be discharged from further consideration of
S. 717 and the Senate proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 717) to promote pro bono legal services as a
critical way in which to empower survivors of domestic
violence.
There being no objection, the Senate proceeded to consider the bill.
Mr. PORTMAN. Mr. President, I ask unanimous consent that the bill be
considered read a third time and passed and the motion to reconsider be
considered made and laid upon the table.
The bill (S. 717) was ordered to be engrossed for a third reading,
was read the third time, and passed, as follows:
S. 717
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 2017'' 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, 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 representatives of the Department of Justice, the
duty of United States Attorneys is to present ``equal and
impartial justice to all its citizens'', which should
include, especially, survivors of domestic violence, dating
violence, sexual assault, and stalking who might not
otherwise know how to seek advice and protection.
(11) As Federal leaders who have knowledge of domestic
violence, dating violence, sexual assault, and stalking in
their localities, United States Attorneys should encourage
lawyers to provide pro bono resources in an effort to help
victims of such violence or behavior escape the cycle of
abuse.
(12) 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.
(13) 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. U.S. ATTORNEYS TO PROMOTE EMPOWERMENT EVENTS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, and not less often than once each year
thereafter, each United States Attorney, or his or her
designee, for each judicial district shall lead not less than
1 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 3-year period, a United States
Attorney, 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 1 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 United States Attorney 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 Attorney General.--Not later than October
30 of each year, each United States Attorney shall submit to
the Attorney General 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
Attorney General shall submit to Congress a compilation and
summary
[[Page S4695]]
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 Department of Justice shall use existing funds to carry
out the requirements of this Act.
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