[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6149 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 6149
To promote pro bono legal services as a critical way in which to
empower survivors of domestic violence.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 22, 2016
Mr. Kennedy (for himself, Mr. Young of Alaska, Ms. Gabbard, and Mrs.
Brooks of Indiana) introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To promote pro bono legal services as a critical way in which to
empower survivors of domestic violence.
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 2016'' 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 level 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,
preventing further mental and physical injury to a victim and
his or her family, demonstrated by a study that found that 83
percent of victims represented by an attorney were able to
obtain a protective order compared to 32 percent of victims
without an attorney.
(9) The American Bar Association Model Rules include
commentary 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 to 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.
450b)) shall lead not less than 1 public event promoting pro bono legal
services under subsection (a) 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 on 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 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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