[Congressional Record Volume 164, Number 120 (Tuesday, July 17, 2018)]
[House]
[Pages H6282-H6285]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           PRO BONO WORK TO EMPOWER AND REPRESENT ACT OF 2018

  Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the 
bill (S. 717) to promote pro bono legal services as a critical way in 
which to empower survivors of domestic violence, as amended.
  The Clerk read the title of the bill.
  The text of the bill is 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 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.

[[Page H6283]]

       (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 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 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 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 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Goodlatte) and the gentleman from Maryland (Mr. Raskin) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Virginia.


                             General Leave

  Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous materials on S. 717, currently under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, today I am pleased to be voting on S. 717, the Pro bono 
Work to Empower and Represent Act of 2018, otherwise known as the POWER 
Act.
  The POWER Act directs that each year the chief judge in each judicial 
district across the country hold at least one event in partnership with 
domestic violence service providers or volunteer lawyer projects to 
promote pro bono legal services for survivors of domestic violence and 
sexual assault.
  Lawyers play a critical role in combating domestic violence. Not only 
do government prosecutors enforce criminal laws, but in the civil 
realm, lawyers may provide legal representation in matters such as 
civil protection order applications which ultimately help keep victims 
safe from their abusers.
  While victims are able to apply for these orders pro se, as this bill 
makes clear, 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. One study has 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.
  Federal courts already promote many pro bono programs in their 
judicial districts and have access to local attorneys who may be able 
to volunteer to work with domestic violence victims. This bill not only 
requires a public event in each Federal judicial district for every 
year during a 4-year period, it also requires an additional public 
event to be held every 2 years during the 4-year period in districts 
that contain Tribes or Tribal organizations that specifically focus on 
encouraging pro bono legal services for Indian or Alaska Native victims 
of domestic violence.
  I would like to thank Senator Sullivan from Alaska for introducing 
this bill and shepherding it through the Senate. And I would like to 
thank Mr. Kennedy from the great Commonwealth of Massachusetts for 
introducing this bill in the House. This is an extremely important 
issue, and I hope it will make a real difference in increasing legal 
services to victims.
  Mr. Speaker, I urge my colleagues to support the POWER Act, and I 
reserve the balance of my time.
  Mr. RASKIN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of S. 717, the Pro bono Work to 
Empower and Represent Act of 2018, or the POWER Act as, as amended.
  It seeks to promote pro bono legal services as a way to empower 
survivors of domestic violence. We all know that domestic violence, 
dating violence, sexual assault, and stalking affect the people of 
every single one of our communities in profound ways.
  Alas, the demand for legal services to assist victims who find 
themselves in a domestic violence situation far exceeds the 
availability of free or low-cost legal services, and yet research 
consistently shows, as the chairman of the Judiciary Committee just 
pointed out, that if you have got a lawyer, then you are significantly 
better equipped to prevent future domestic violence than if you don't 
have a lawyer. In fact, those victims who have a lawyer are three times 
more likely to be able to prevent future violence than those who are 
without a lawyer.
  So this measure is consistent with the spirit and the goals of the 
legal profession. The American Bar Association's Model Rules of 
Professional Conduct encourage attorneys to bridge the gap in 
representation by providing free legal services to people who are 
unable to pay them, and this is an especially

[[Page H6284]]

vulnerable and often destitute population.
  One bar jurisdiction that has stepped up in a very profound way to 
meet this professional standard and challenge is the District of 
Columbia Bar which has an extraordinary and successful project created 
by Karen Barker Marcou and Kathleen Buhle Biden which is called the DC 
Volunteer Lawyers Project. They just celebrated their 10th anniversary. 
They have 2,100 lawyers who have signed up pro bono to offer their 
assistance to victims of domestic violence, stalking, date rape, and so 
on.
  They serve more than 1,000 clients every single year. They were just 
given an award by the D.C. Bar for the work that they have put together 
solely through the volunteer efforts of lawyers in the District of 
Columbia Bar.
  So this legislation would modestly and simply direct the chief judge 
in each Federal judicial district to organize at least one public event 
annually for the next 4 years to promote pro bono legal services to 
victims of domestic violence, dating violence, sexual assault, and 
stalking in the districts in which the court serves its jurisdiction.
  In the case of districts containing an Indian Tribe or Tribal 
organization, chief judges in partnership with the Tribes would have to 
lead at least one public event promoting such pro bono legal services 
during each 2-year period.
  People who have experienced and survived these types of violence 
deserve and will benefit from all the information and assistance that 
can be provided in such public events. Too often survivors simply don't 
know what resources are out there and are available to help them. S. 
717 will help survivors of domestic violence vindicate their rights and 
protect themselves from future assaults which are still a scourge on 
the land.
  I support this legislation. Obviously, there is a lot more we can do. 
Congress should work to allocate resources to the recruitment, 
training, and placement of pro bono attorneys through the myriad of 
already existing bar association programs like the one in the District 
of Columbia.
  Of course, Congress should work to reauthorize the Violence Against 
Women Act which provides an indispensable array of programs that help 
address domestic violence and sexual assault. We should not let the 
authorization for these important protections lapse.
  All of these efforts are important, and the measure before us today 
will support a comprehensive response to these types of crimes. I 
support this bill, and I commend my colleague, Representative Joe 
Kennedy, for his leadership in authoring the House companion to the 
Senate bill.
  I want to thank the chairman for his leadership, and I urge my 
colleagues to join me in voting for this legislation so we may bring it 
one step closer to enactment.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GOODLATTE. Mr. Speaker, I yield such time as she may consume to 
the gentlewoman from Washington (Mrs. McMorris Rodgers), who is the 
Republican Conference chair.
  Mrs. McMORRIS RODGERS. Mr. Speaker, I rise in support of the POWER 
Act.
  Survivors of sexual and domestic violence must know that they have a 
place to turn where they can step out of the shadows of abuse to find 
hope. To provide that hope, the POWER Act will bring more tools and 
resources to communities so that survivors can find access to legal 
services that they need. It will also encourage lawyers across the 
country to get involved in these cases, and it will help people break 
free from the dangerous cycle of abuse.
  No one should ever have to live in fear of being intimidated from 
seeking justice. The first step is making sure they courageously know 
where they can safely go for help. Today, to build on our work to make 
our communities safer, I urge my colleagues to join me in sending the 
POWER Act to the President's desk to become law.
  Mr. RASKIN. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Massachusetts (Mr. Kennedy), who is my friend and 
colleague. Representative Joe Kennedy is not only a distinguished 
champion of the rights of women and a foe of domestic violence, but he 
is a former prosecutor who spent a lot of time in Massachusetts 
prosecuting domestic violence cases.
  Mr. KENNEDY. Mr. Speaker, I want to thank my colleague, Mr. Raskin, 
for his kind words and for his leadership on this bill and legislation 
in bringing it to this point and for all of his efforts in combating 
domestic violence as well.
  I also want to thank my colleagues, in particular Congressman Young; 
Congresswoman McMorris Rodgers, the Republican Conference Chair; 
Congresswoman Tulsi Gabbard; Congresswoman Brooks; as well as the 
chairman, Mr. Goodlatte, for his leadership in making sure that this 
bill comes to the floor today; as well as Senator Sullivan from Alaska 
who is the original author of this legislation and has been working 
with me on this for the past several years. I am grateful for his 
leadership as well.
  Mr. Speaker, I remember far too many times in a courtroom as a State-
level prosecutor the challenges of bringing domestic violence cases to 
trial. I remember to this day talking to victims and seeing perhaps a 
paragraph in a police report and something that didn't quite seem 
right; doing an interview with the victim and peeling back layer after 
layer after layer of isolation and of control, and of the creation of a 
state of dependence and of perpetual fear.

                              {time}  1400

  I remember getting ready to try a case one day. The victim came in 
with her daughter. The victim had a black eye. She sat next to her 
husband, the defendant, throughout the entire morning of the case. She 
blamed the black eye on a newborn child who was sleeping in her bed.
  I remember watching countless efforts for a restraining order as the 
attorney badgered a victim, and watching a victim get so disenchanted 
with our court system that she said she would never come back.
  Standing in a courtroom, Mr. Speaker, with those survivors, you start 
to see our justice system through their eyes. It is, at times, an 
endless and impossible maze where abuse and injustice is relived and 
replicated on every single occasion.
  That is why we as a Congress must ensure that no survivor is ever 
forced to stand alone before a judge, because we know and the data well 
proves that, oftentimes, these cases can be a matter of life and death. 
It is, in fact, the most predictable form of homicide we have in our 
Nation.
  We know how prevalent and pervasive it is. Nearly 8 million women are 
raped, assaulted, or stalked every year by a current or former intimate 
partner. We know that low-income women and men are at higher risk of 
domestic violence and rape. We know that more than 80 percent of 
survivors with access to a lawyer successfully obtain restraining 
orders, while those who stand alone obtain one less than one-third of 
the time.
  Mr. Speaker, passing the POWER Act will begin to restore our sacred 
promise of an equal justice system. I urge my colleagues to support 
this legislation.
  Mr. GOODLATTE. Mr. Speaker, I yield such time as he may consume to 
the gentleman from Alaska (Mr. Young), the dean of the House who has 
been a real champion in combating domestic violence.
  Mr. YOUNG of Alaska. Mr. Speaker, I thank the gentleman for his 
kindness in recognizing me, but also for bringing up this bill. I also 
thank Mr. Kennedy for his support. This is Senator Sullivan's bill, 
although I had a companion bill on the House side.
  What has been said here prior to me is really what we are addressing. 
Domestic violence is a terror on our society. No one is immune to it, 
be they rich or poor, whatever race or ethnic group you may belong to. 
It cuts across the aisle.
  Unfortunately, far too many Alaskans have firsthand experience in 
this reality. In 2015, a survey of Alaskan victims found that, out of 
every 100 adult women, 40 experienced intimate partner violence, 33 
experienced sexual violence, and one in three adult women in Alaska 
have been a victim of stalking in their lifetime.
  Not only must we do more to prevent this epidemic from growing, we 
must also do more to help the survivors, and that is what the POWER Act 
does. It allows the victims to have pro bono

[[Page H6285]]

legal representation from the legal profession to take and present 
their cases.
  I believe this bill is well and long overdue.
  If I can refer to what Mr. Kennedy said, I have a little experience 
myself. A dear friend of mine, who was a friend of my late wife, used 
to get beat up by her husband because he was drinking all the time. My 
wife asked: Why don't you just hit him?
  She said: Well, I couldn't do that. Violence begets violence.
  Well, my wife at that time was very young, and she said: Well, I 
wouldn't put up with it.
  About 2 weeks later, there was a knock on our door and my wife 
answered. She opened the door and our friend said: I did it.
  She said: What did you do?
  The woman said: My husband beat me up. He passed out, and I hit him 
with a frying pan when he was asleep.
  I wouldn't suggest that solution, but she had no other recourse, no 
way to be represented legally to go to the courts.
  I am saying this should be passed. To have representation in the 
courtroom is a good piece of legislation.
  Again, I thank Mr. Goodlatte for bringing this bill to the floor, Mr. 
Sullivan, and all those people involved with it. It is long overdue.
  Mr. RASKIN. Mr. Speaker, I yield myself the balance of my time.
  Domestic violence is a reign of terror for people who are caught up 
in it. Historically, of course, domestic violence was bolstered by a 
compliant or indifferent, sexist criminal justice system and laws that 
were inadequate to the task.
  Even today, in many parts of the world, from Afghanistan to Saudi 
Arabia to India, women are still subject to domestic violence and to 
indifferent and hostile treatment from their legal systems. But in 
America, we have advanced far beyond that. Still, there is a lot more 
we can do to address the problems of domestic violence, dating 
violence, sexual assault, and stalking.
  One thing we know we can do is to get lawyers for women when they 
have been attacked. The information and the assistance that they will 
get from the lawyers will help them get out of a desperate situation.
  The information and assistance that we provide under this legislation 
in public events will indeed advance the power of survivors to get out 
of domestic violence, dating violence, or a stalking reign of terror.
  We support enactment of this legislation as well as the additional 
efforts we have mentioned to provide counsel for survivors, to promote 
their ability to access the resources of our criminal justice system.
  We look forward to working with Chairman Goodlatte and other 
colleagues on the other side of the aisle for rapid passage of this 
important, bipartisan measure and further legislative efforts that will 
strengthen the position of people who are victims of domestic violence.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GOODLATTE. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, this is a very good bill. I thank the Senator from 
Alaska, Mr. Sullivan, for working with me and my staff. On the minority 
side as well, I thank Congressman Kennedy, Mr. Raskin, and the ranking 
member on the Judiciary Committee.
  This is truly a bipartisan effort to help educate people who are the 
victims of domestic violence about better ways that they can protect 
themselves and avail themselves of good representation in court.
  Mr. Speaker, I urge my colleagues to support the legislation, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Westerman). The question is on the 
motion offered by the gentleman from Virginia (Mr. Goodlatte) that the 
House suspend the rules and pass the bill, S. 717, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________