[Congressional Record Volume 168, Number 183 (Tuesday, November 29, 2022)]
[House]
[Pages H8622-H8625]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           PRO BONO WORK TO EMPOWER AND REPRESENT ACT OF 2021

  Mr. NADLER. Mr. Speaker, I move to suspend the rules and pass the 
bill (S. 3115) to remove the 4-year sunset from the Pro bono Work to 
Empower and Represent Act of 2018.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 3115

       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 2021'' or the ``POWER 2.0 Act''.

     SEC. 2. REMOVAL OF SUNSET.

       Section 3(a) of the Pro bono Work to Empower and Represent 
     Act of 2018 (Public Law 115-237; 132 Stat. 2448) is amended 
     by striking ``for a period of 4 years''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Nadler) and the gentleman from Wisconsin (Mr. Tiffany) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. NADLER. 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 material on S. 3115.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, nearly 25 percent of women suffer from domestic violence 
at some point in their lives. Domestic violence and related offenses 
destroy lives and shatter families. Among the many challenges that 
victims face is a lack of legal representation when seeking assistance 
from the court system.
  According to the National Network to End Domestic Violence, in just 
one day in September 2014, domestic violence assistance programs 
received more than 10,000 requests for services, including legal 
representation, that were not met. The effect of this lack of 
representation is devastating. Research has shown that 83 percent of 
victims represented by counsel were able to obtain protective orders, 
while only 32 percent of unrepresented victims were able to do so.
  That is why in 2018, Congress stepped in by enacting the POWER Act, 
which requires the chief judge of every judicial district to hold an 
annual public event, in partnership with a State, local, Tribal, or 
domestic violence service provider or volunteer attorney project, in 
promoting pro bono legal services as a critical way to empower 
survivors of domestic violence and sexual assault. The act also 
requires that events be held every 2 years in areas with high numbers 
of Native Americans and Alaska Natives, with a focus on addressing the 
specific issues facing Native populations.
  We recognize that pro bono legal assistance would not only provide 
critical representation in court, but it would also help provide 
survivors with access to services such as emergency shelter, 
transportation, and childcare. We also recognize that legal summits 
mandated by the act would raise awareness of the horrors of domestic 
violence and sexual assault while inspiring others to devote their 
efforts to helping survivors in their communities.
  In addition to providing for these pro bono programs, the 2018 act 
requires the Administrative Office of the United States Courts to 
report to Congress about each public event conducted in the previous 
fiscal year.
  The programs authorized under the original POWER Act have been 
extremely successful. In 2021, 73 pro bono legal summits were held 
across the Nation, reaching more than 11,000 attorneys. In the years 
since we passed the POWER Act, we have amassed an army of thousands of 
lawyers who are helping survivors, including children, get out of 
dangerous situations, giving them a measure of justice and a ray of 
hope.
  But as effective as they have been, the programs created and 
authorized by the 2018 POWER Act are set to sunset at the end of this 
year. Meanwhile, the crisis of domestic and sexual violence continues.
  S. 3115, the POWER 2.0 Act, would ensure the continuation of the 
critical programs we enacted in 2018 by removing the sunset date for 
these programs, helping to deliver essential legal services and to 
bring hope and healing to many more survivors across the country. We 
have already planted the seeds, and by removing the 4-year sunset 
provision from the original POWER Act, we will allow these pivotal 
programs to continue to grow and thrive, helping more and more 
survivors every year.
  I thank Senator Dan Sullivan for introducing this important and time-
sensitive legislation and the gentlewoman from Alaska (Ms. Peltola) for 
leading the House version of this legislation.
  Mr. Speaker, I ask my colleagues to join me in support of this bill, 
and I reserve the balance of my time.
  Mr. TIFFANY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the POWER 2.0 Act permanently authorizes the Pro bono 
Work to Empower and Represent Act of 2018, which is scheduled to sunset 
at the end of this year.
  It requires the chief judge for each district to conduct public 
events to promote pro bono legal services for survivors of domestic 
violence, dating violence, sexual assault, and stalking.
  In addition, the bill requires the chief judge for a district that 
includes an Indian Tribe to conduct a public event to promote pro bono 
legal services for Indian or Alaska Native victims of these crimes 
every 2 years.

[[Page H8623]]

  Research has shown that survivors of domestic abuse have 
significantly better outcomes, such as successfully obtaining a 
protective order, when represented by an attorney.
  This bill will hopefully assist victims in accessing quality 
representation through pro bono services.
  Mr. Speaker, I recommend that my colleagues support this bill, and I 
reserve the balance of my time.
  Mr. NADLER. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Texas (Ms. Jackson Lee), a member of the committee.
  Ms. JACKSON LEE. Mr. Speaker, this is an enormously important 
initiative, and I rise today to support the Pro bono Work to Empower 
and Represent Act of 2021, or the POWER 2.0 Act. This has to be one of 
the more important bills on the floor, among many.
  This is a bill that saves lives, and I certainly want to, at the very 
beginning, acknowledge certainly the Senator, but as well, I want to 
acknowledge our friend and colleague in the House and thank her so very 
much, Congresswoman Peltola, for her great work that has generated 
something that is very close to my heart.
  The POWER Act will give a lifeline to domestic violence sufferers, 
those who have been abused by domestic violence.

  As the author of the Violence Against Women Act in the House over a 
number of Congresses, I know how important any legislation is dealing 
with domestic violence and domestic abuse.
  I speak to law enforcement and often say to them that domestic 
violence calls are the most dangerous that law enforcement engage in.
  Remember, as I started on this floor, I indicated that as Democrats, 
we know how to bring down crime and also engage in social justice. We 
understand that it is extremely important that those in the criminal 
justice system deserve due process. But the victims of domestic 
violence, more often than not women, suffer greatly.
  In Texas, 40.1 percent of women and 34 percent of men experience 
intimate partner physical violence, intimate partner rape, and/or 
intimate partner stalking in their lifetimes. Thousands of incidents 
are reported every day. On a single day in 2020, domestic violence 
hotlines across the country receive 21,321 calls.
  The provision of legal services through the southern district or 
through the various Federal districts that train over 600,000 lawyers 
and then send them out to be able to give assistance to State and local 
governments is a lifeline. It is a lifesaver.
  Less than one-third of domestic violence victims successfully obtain 
protective orders. Protective orders can be the cause of saving life, 
keeping a mother to protect her children, keeping an aunt or a 
grandmother. The POWER Act has an indelible impact on the lives of the 
most vulnerable Americans, and I stand here in grand support of this 
important effort.
  As a former board member of the Houston Area Women's Center, I know 
what it means to get calls late into the night and calling the 
executive director and asking for relief for a woman who is running for 
her life.
  Over this past Thanksgiving weekend, unfortunately, in my own 
community, there were a series of domestic violence killings of women 
who suffered at the hands of an ex.
  It is important to eliminate the sunset of this provision and to be 
able to say that no one should be left alone without the idea or the 
help of ensuring that there is legal protection and that you have 
access to legal protection.
  Again, I want to commend Congresswoman Mary Sattler Peltola, a friend 
and someone who I appreciate her leadership.
  Mr. Speaker, I include in the Record the following articles, The 
Justice in Government Project and HAWC.

                [From the Justice in Government Project]

    Key Studies and Data About About How Legal Aid Assists Domestic 
                           Violence Survivors

       The Centers for Disease Control and Prevention reports that 
     in the U.S., 36.4 percent of women and 33.6 percent of men 
     experience sexual or physical violence or stalking 
     perpetrated by an intimate partner in their tifetimes. 
     Individuals who have experienced domestic violence display a 
     multitude of legal needs. They may require assistance with 
     filing protection orders, custody issues, housing, identity 
     theft, and employment (Lee & Backes, 2018; Allen et al., 
     2004).


                          RESEARCH HIGHLIGHTS

       Providing civil counsel in divorce, custody, and protective 
     order proceedings can significantly improve outcomes for DV 
     [domestic violence] and IPV [intimate partner violence] 
     victims and their children as well as serve as a cost-
     effective strategy for reducing violence and generating 
     positive social norms'' (Lee & Backes, 2018).
       In a study of survivors of IPV, researchers concluded that 
     ``[c]ivil legal services can most directly address economic 
     self-sufficiency in two ways: by increasing income and 
     decreasing economic liability'' (Hartley & Renner, 2016).
       ``83 percent of victims represented by an attorney 
     successfully obtained a protective order, as compared to just 
     32 percent of victims without an attorney'' (Institute for 
     Policy Integrity, 2015).
       In custody matters, ``attorney representation, particularly 
     representation by legal aid attorneys with expertise in IPV 
     cases, resulted in greater protections being awarded to IPV 
     victims and their children. Improved access of IPV victims to 
     legal representation, particularly by attorneys with 
     expertise in IPV, is indicated'' (Kernic, 2015).
       ``DV/SA [sexual assault] victims reported an aggregate 
     total of 3,446 separate legal problems in areas identified in 
     the survey instrument with an average of 19.69 legal problems 
     per household/respondent. This is 2 times higher than an 
     average of 9.3 problems per household/year documented for the 
     general low-income population of Washington'' (Social & 
     Economic Sciences Research Center, 2014).
       ``In 2003, for example, requests for restraining orders in 
     Dane County were granted approximately 55 percent of the 
     time. With the aid of a legal advocate provided by DAIS, 
     however, that number increased to 69 percent'' (Elwart et 
     al., 2006).
       Women living in counties with shelters, hot-lines, safe 
     homes, emergency transportation, programs for batterers, 
     children's programs, and counseling are not significantly 
     less likely to be victims of intimate partner abuse than 
     women who live in counties without these services. However, 
     women who live in counties with legal assistance programs to 
     help battered women are significantly less likely to report 
     abuse'' (Allen et al., 2004).
       . . . [T]he overwhelming fraction of our study participants 
     did not achieve the goal of terminating their marriages 
     unless they had lawyers'' (Degnan et al.. 2019).
       Most services provided to help battered women do not impact 
     the likelihood of abuse, but the provision of legal services 
     significantly lowers the incidence of domestic violence'' 
     (Farmer & Tiefenthaler, 2003).


      NARRATIVE OVERVIEW RE: ASSISTING DOMESTIC VIOLENCE SURVIVORS

       Domestic violence (DV) is defined as violent, often 
     aggressive, behavior used by one partner in a relationship 
     that incites fear and intimidates the other partner or among 
     family members. The U.S. Department of Justice Bureau of 
     Justice Statistics differentiates between DV (violence from 
     family members and former or current partners) and IPV 
     (violence only from current or former partners). Experiencing 
     violence can leave a profound impact. Those who have been 
     directly victimized report higher rates of depression, are at 
     higher risk for repeat victimization, are at higher risk for 
     perpetrating DV in their lifetime than those who have not 
     experienced violence.
       Experiencing IPV/DV is common: The Centers for Disease 
     Control and Prevention reports that in the U.S., 36.4 percent 
     of women and 33.6 percent of men experience sexual or 
     physical violence or stalking perpetrated by an intimate 
     partner in their lifetimes. In 2017, data from the National 
     Crime Victimization Survey found that 1,237,960 Americans had 
     experienced DV in the six months prior to the survey.
       IPV/DV has disproportionate effects on elderly, disabled, 
     LGBTQ, minority and low-income people due to increased social 
     risks associated with violence and decreased access to 
     services. One study found that, while 6 to 12 percent of 
     older adults self-identify as being abused, the actual number 
     of participants reporting indicators of abuse was about five 
     times greater. A published review reported that, in 
     comparison to non-Hispanic White women, Black, Latina, and 
     Native American/Alaska Native women experienced higher 
     lifetime rates of IPV associated with various mental health 
     disorders, reproductive health outcomes, and barriers to 
     services. These barriers are often the result of trauma, 
     housing; instability, employment needs, and compounding 
     mental and physical health needs experienced in historically 
     marginalized communities. Additional evidence shows that even 
     when survivors in vulnerable populations have access to legal 
     interventions intended to reduce future risk of harm, they 
     may be less protected from revictimization. For example, 
     Benitez, McNiel & Binder (2010) found that Black women were 
     at elevated risk of renewed abuse after legal intervention 
     (i.e., obtaining a protection order or the arrest of their 
     abusive partner following a DV incident) compared to white 
     women.


                 DATA AND STUDIES SHOW LEGAL AID HELPS

       Individuals who have experienced domestic violence often 
     display a multitude of legal needs: from assistance with 
     filing protection orders, custody issues. housing, identity

[[Page H8624]]

     theft, and employment (Lee & Backes, 2018; Allen et al., 
     2004). Domestic violence survivors and sexual assault 
     survivors are likely to report more legal needs than the 
     average low-income household (Social & Economic Sciences 
     Research Center, 2014). Studies show how access to legal aid 
     can both reduce domestic violence and mitigate some of its 
     collateral consequences. Kernic (2015) found that when DV 
     survivors have access to legal representation in child 
     custody cases, they are granted greater protections and 
     visitation decisions when compared to those who are not 
     represented. Another study agrees. The National Network to 
     End Domestic Violence (2017) found in their survey of 1,762 
     shelters that DV survivors without legal representation are 
     more likely to be later victimized than those without access 
     to legal representation.
       Having access to legal representation reduces the 
     likelihood of future violence. In their seminal study, Farmer 
     and Tiefenthaler (2003) found that increased access to legal 
     representation and services is partly responsible for the 
     decrease in domestic violence observed in the 1990s. More 
     recently, Hartley and Renner found that with legal 
     representation to obtain a protective order or on a family 
     law issue, survivors of domestic violence in Iowa saw 
     increases in monthly income and personal growth and support 
     (2018). They also found that, while receiving free civil 
     legal services for intimate partner violence, depression and 
     PTSD decreased significantly over one year (Renner & Hartley, 
     2018),
       The Institute for Policy Integrity (2015) also found that 
     providing legal services to DV survivors reduced domestic 
     violence, as well as the societal costs of domestic violence. 
     Elwart and colleagues (2006) found that when state funding of 
     domestic violence service providers was at $9.1 million, the 
     maximum benefits were $27.3 million.
                                  ____


       Seven Reasons Why Abuse Victims Need Legal Services--HAWC

       On average, survivors have multiple legal problems 
     associated with their abusive situation, and many cannot 
     afford the assistance of an attorney. Agencies like HAWC 
     (Healing Abuse Working for Change) seek to ensure all abuse 
     survivors can have access to the appropriate legal services 
     they need to secure and maintain their utmost safety. Why 
     legal assistance helps:
       It dramatically increases the likelihood of obtaining a 
     protective order Research from the Institute for Policy 
     Integrity shows that 86 percent of abuse, or domestic 
     violence, victims who were represented by an attorney were 
     successful at obtaining a protective order. The rate for 
     abuse survivors without legal representation was only 32 
     percent
        Hundreds of thousands who need help are turned away every 
     year Each year, hundreds-of-thousands of domestic violence 
     victims and abuse survivors are turned away from help, 
     including legal services. This often leads to victims feeling 
     helpless and, in some cases, going back to their abuser. each 
     day from various domestic violence services, including 
     shelters. Lack of funding and donations are the primary cause 
     for the decreasing lack of services for victims.
       3. Fifty-eight percent of victims need additional and 
     transitional services Legal representation doesn't end in the 
     court room. Attorneys and legal advocates assist in 
     everything from divorce proceedings to property protection, 
     when related to the abuse.
       4. Legal problems are complex A domestic violence survivor 
     will, on average, have at least three legal problems to 
     resolve after obtaining safety and during any criminal 
     proceedings. In many instances, survivors don't realize how 
     many separate legal issues will arise when initially trying 
     to escape their abuser.
       5. Without legal representation, a victim's voice often 
     goes ignored Domestic violence victims without legal 
     representation often report that police, hospital staff, and 
     judges do not take their claims ``seriously,'' going as far 
     as to ignore them completely.
       6. Immigrants and adolescents are the most underserved 
     Obtaining legal services is an uphill battle for all victims 
     of abuse. However, immigrants, adolescents, and their family 
     are at the highest risk of not obtaining the appropriate 
     legal representation because of various barriers to service.
       7. The likelihood of losing of custody of children 
     increases without an attorney present Thousands of abuse 
     victims lose custody of their children each year because they 
     could not afford an attorney. The same research shows that, 
     without an attorney, children may not receive the therapy and 
     other psychological support they need during such a traumatic 
     period.


                             How HAWC Helps

       Our trained legal advocates provide advice, assistance, 
     and, depending on availability, representation for abuse 
     survivors who seek a life free from fear and violence. Part 
     of our mission is to make these services immediately 
     available for everyone who needs them.
       By supporting our legal service efforts you're giving 
     thousands of domestic violence victims the chance to be safe 
     from physical, emotional, and economic harm. Specifically, 
     each donation goes towards:
       Abuse and harassment prevention for survivors,
       Access to clinics with our team of pro-bono attorneys,
       Referrals for other services like individualized safety 
     plans, and
       Legal representation for high risk clients .
       HAWC offers immediate, comprehensive support to those 
     experiencing domestic violence. By expanding our legal 
     service offerings, we can ensure that all victims of domestic 
     violence get access to the legal support they need.
  Ms. JACKSON LEE. Mr. Speaker, this bill must be passed.
  Mr. Speaker, I rise in support of S. 3115, the ``Pro Bono Work to 
Empower and Represent Act of 2021,'' also known as the ``POWER 2.0 
Act,'' which extends the authorization of vital programs that help 
victims and survivors of domestic abuse and sexual violence receive 
free legal assistance--without which they would be unlikely to receive 
any semblance of justice, let alone safety and security.
  No community is safe from domestic violence. It touches people of 
every socioeconomic status, race, and ethnicity--in red states and blue 
states
  Nearly a quarter of women in this country experience domestic 
violence or sexual assault at some point in their lives. Many victims 
of domestic violence are poor, helpless, and living in underserved 
communities. Many are mere children.
  In Texas, 40.1 percent of women and 34.9 percent of men experience 
intimate partner physical violence, intimate partner rape and/or 
intimate partner stalking in their lifetimes.
  Thousands of incidents are reported daily. On a single day in 2020, 
domestic violence hotlines across the country received 21,321 calls--an 
average of almost 15 calls every minute.
  The provision of legal services following the first occurrence of 
domestic violence can be a proactive solution that minimizes the 
likelihood of victims experiencing farther incidents of abuse. But 
without access to legal representation, those most in need of 
protection--which our courts can provide--are often unable to receive 
the help they need to escape the cycle of violence.
  Unfortunately, less than one third of domestic violence victims 
successfully obtain protective orders if they seek one on their own, 
without the assistance of counsel.
  That is why in 2018, Congress enacted the Power Act, which requires 
every judicial district within the United States and its territories to 
hold annual public pro-bono summits to recruit and encourage attorneys 
to provide free legal services to survivors of domestic violence, 
dating violence, stalking, and sexual assault. It also requires 
targeted programs in areas with large populations of Native Americans 
and Alaska Natives.
  The Power Act has had an indelible impact on the lives of the most 
vulnerable Americans. From 2019 to 2021, our courts have held nearly 
250 pro bono summits, reaching more than 60,000 attorneys--educating 
them about the need for their services and letting them know how they 
can help,
  While that is a promising start, it is only the beginning. An 
innumerable number of domestic and sexual violence victims still need 
legal assistance to survive. Yet the programs authorized under the Act 
are set to expire in just a few short weeks.
  That is why it is imperative we pass the POWER 2.0 Act, which would 
remove the 4-year sunset provision from the original legislation and 
allow us to continue growing an army of capable, volunteer attorneys 
available to represent, protect, and provide a lifeline to victims and 
survivors, who so desperately need their help.
  I commend Representative Mary Sattler Peltola for her work on the 
POWER 2.0 Act, and I urge my colleagues to support it.
  Mr. TIFFANY. Mr. Speaker, I reserve the balance of my time.
  Mr. NADLER. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Alaska (Mrs. Peltola), the House sponsor of the bill and a worthy 
successor to our late colleague,  Don Young.
  Mrs. PELTOLA. Mr. Speaker, I rise today to speak on S. 3115, the 
POWER 2.0 Act. This bill is the Senate companion to my bill of the same 
title, H.R. 9113.
  Both bills address the same flaw in our system, that survivors of 
intimate partner-related violence and intimidation often lack the legal 
resources they need to protect themselves from future injury. In this 
paradigm, victims are too often unable to escape their perpetrators, 
often to devastating effect.
  Thankfully, in 2018, Congress offered an avenue to relief. The Pro 
bono Work to Empower and Represent Act, sponsored by my Senate 
colleague, Senator Sullivan, authorized a pilot project calling for 
each district court to hold at least one event annually in concert with 
domestic violence service providers to promote pro bono legal services 
for victims of partner-related violence and intimidation.
  Additionally, to address the appalling victimization rates among 
Alaska

[[Page H8625]]

Natives and American Indians in particular, the bill also mandates 
partnerships between district courts and Tribes and Tribal 
organizations.
  Since its enactment, the POWER Act has brought together dozens of 
service organizations and tens of thousands of lawyers, all with the 
aim of combating our skyrocketing rates of violence and intimidation 
endemic across many parts of our country.
  As one of my first legislative actions in Congress, I am proud to 
introduce the POWER 2.0 Act. This bill removes the sunset on the POWER 
Act and will ensure more victims have the ability to protect themselves 
from further violence and intimidation.
  I am both grateful and filled with anticipation to see this body act 
so uniformly in favor of this bill, S. 3115, today.
  Mr. TIFFANY. Mr. Speaker, I urge my colleagues to support this bill, 
and I yield back the balance of my time.
  Mr. NADLER. Mr. Speaker, I yield myself the balance of my time for 
closing.
  Mr. Speaker, there are an untold number of victims of domestic and 
sexual violence in this country, including young children, who are 
without legal recourse to escape their abusers, to protect themselves 
and their families, and to obtain the services they need to rebuild 
their lives.
  The POWER Act has started the hard work of incentivizing and 
encouraging thousands of lawyers to provide pro bono legal services to 
the victims and survivors that are most in need. But we need more 
attorneys to join the cause.
  By removing the sunset date from the POWER Act, S. 3115 will allow us 
to continue and expand the critical programs we created in 2018, while 
ensuring that there is no gap in access to services for those who need 
them.
  Mr. Speaker, I urge all of my colleagues to join me in support of 
this crucial legislation, and I yield back the balance of my time.

                              {time}  1600

  The SPEAKER pro tempore (Mr. Schneider). The question is on the 
motion offered by the gentleman from New York (Mr. Nadler) that the 
House suspend the rules and pass the bill, S. 3115.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. ROSENDALE. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________