[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.
____________________