Mr. President, I have an amendment to this bill that I will be offering shortly along with Senator Smith of Oregon, my cosponsor, and cosponsored by Senators Bingaman, Wyden, Feingold, and Kennedy. This amendment will increase the amount…
Mr. President, I have an amendment to this bill that I will be offering shortly along with Senator Smith of Oregon, my cosponsor, and cosponsored by Senators Bingaman, Wyden, Feingold, and Kennedy.
This amendment will increase the amount of money going to legal aid programs across the country from $324.5 million to $358.5 million.
Again, this amendment will throw a lifeline of legal services assistance to people in need.
I point out that this is $4 million less than what the Legal Services Corporation requested in their budget earlier this year. The reason it is slightly less is because we had to do that to get the proper offset for the amendment. Forty-five Members of the Senate, on a strong bipartisan basis, sent a letter to the chairman and ranking member earlier this year seeking the full funding for legal services, which was $362.5 million. As I said, this amendment is $4 million less than what 45 Members of the Senate, on a bipartisan basis, requested earlier this year.
I also point out that 25 percent of the increase goes specifically to those programs providing assistance to victims of Hurricane Katrina.
Even before the devastation and displacement of Katrina, this increase was sorely needed. That is because today, as I stand here, 50 percent of the people eligible for legal services in America are being turned away because the programs simply are underfunded.
Keep in mind, to even be eligible for legal services, one must be below 125 percent poverty. That means for a family of four, you have to have less than a $23,000-per-year income to even qualify for legal services. Again, we are now turning away half of the families in America who need civil legal help who make less than $23,000 a year. That is not justice.
Furthermore, the clients served by legal services are overwhelmingly female. Seventy-two percent of the clients served by legal services are women, most of whom are seeking help with domestic abuse issues, including custody, retraining orders, and safe housing.
Legal services is also the only assistance most low-income women have in getting and keeping safe, habitable housing. It is critical in reducing homelessness among women and children.
In the last 2 years, cuts to legal services programs have resulted in the loss of funding for 200 attorney positions. Every single one of those attorney positions means at least 385 people a year not able to get the legal help they need.
To sum it up, last year, legal services was forced to serve 77,000 fewer people than they did the year before.
The Senate bill before us today, instead of taking a small step to fix this injustice, imposes an additional $6 million in cuts to legal services programs. This is simply unacceptable.
I don't want anyone here to think this amendment we are offering is a drastic fix to the problem. All this amendment does is restore funding for legal services to the fiscal year 2003 level adjusted for inflation. This amendment restores legal services funding to the 2003 level.
If we were serious about providing equal justice under law for all of our citizens and providing the resources that legal services really needs, we would restore legal services to the 1995 funding level of over $500 million a year.
Think about it this way: Since 1995, we have cut legal services, the only civil legal help poor people have in this country, by a third. And need I remind anyone what has happened to poverty since 1995? Has it gone down by a third? No; it has gone up. So poverty has gone up, and we have cut legal services by a third since 1995. Unconscionable.
This, of course, is the picture legal services was facing before Hurricane Katrina. Legal services always plays a critical role in a national disaster, but this disaster will impose more burdens and more challenges than ever before. That is why this amendment devotes $8 million or, as I said, 25 percent of the increase goes to programs directly helping victims of Hurricane Katrina. Again, is that enough? Hardly. This will be a small downpayment on the funding that will be needed, and I hope will be provided, in some of the supplemental funding bills coming down the road.
I heard the majority leader today saying there is going to be a supplemental on the floor today. I don't know what is in it, but there better be something in it to help legal services serve the people displaced. We have to have immediate assistance to these programs to help assist people in the largest displacement in this country since the Civil War. Think about it: The largest displacement of people since the Civil War.
One might say people need food, water, they need clothing, they need shelter, they need schooling. Yes, they need all those immediate needs. But here is why they are going to need legal services immediately, not a year from now.
Let me share with you an e-mail from the State director of the Alabama program, one of the hardest hit States, describing what they will be doing in the next few weeks:
. . . legal services programs are traditionally a critical
partner in long-term disaster response. We will be doing
everything from trying to clear title for FEMA award purposes
(many low-income folks land in houses passed from generation
to generation without any formal conveyance . . . ); to
contractor fraud; to handling credit problems for folks who
are trying to get SBA or other loans with which to rebuild
their lives. Not only will we be helping victims of Hurricane
Katrina [in this State], but there are over 35,000 evacuees
from Louisiana and Mississippi in the State. Every one of our
offices in the State will be serving Hurricane Katrina
victims with already scarce resources.
So it is not something they are going to need a year or two from now, they need it now because, in the initial stages, legal services will be responsible for helping hundreds of thousands of people navigate the system for obtaining disaster-related food stamps, unemployment compensation, and housing assistance. They will be on the frontlines representing people with the agencies to get the needed relief.
Legal services will be the best on-the-ground arbiters of whether deadlines need to be extended to reach the hundreds of thousands eligible for assistance.
I have a little experience in this from both standpoints: One, I was a legal services attorney before I came to Congress. That was my job. So I know a little bit about how legal services work and who they serve. Second, our State of Iowa in 1993 was hit by a devastating flood. Every single one of our counties--99 counties--was declared a disaster area. Some of our small towns were totally wiped out.
So I have a great deal of sympathy and empathy for what is going on in New Orleans. We saw whole towns in our State underwater. Some of them were never rebuilt. We had to move people to other places.
That was 1993. Legal aid lawyers represented thousands of clients in the State of Iowa in landlord-tenant disputes about the ability to terminate leases of uninhabitable property. They assisted people in Iowa with a whole range of issues.
In one example, there was a certain FEMA determination that a woman was not entitled to compensation because the property was in the name of an ex-spouse. It turned out it was not an ex-spouse; it was her spouse who had died, and only legal services could help clear this up for this poor woman. She didn't have enough money to hire an attorney. As I said, to be qualified, one has to have an income of less than 25 percent of the poverty level.
Another example of what they did in Iowa: FEMA determinations that massive property damages were, in fact, preexisting conditions; determinations of SBA loan eligibility.
This all happened in Iowa in 1993, so I know what it means to go through a devastating flood such as this and to have people who are homeless, without housing, with no place to go and needing the help of legal services to navigate, to find out what they can get, to know for what they are eligible.
In the situation we are now facing, much bigger than the flood of Iowa, legal services lawyers will be trying to represent clients who have no access to their homes, many who are temporarily living out of State. At least that did not happen in Iowa, at least not to any great extent. There are evacuees in Texas, in Arkansas, some in Washington, DC. Providing legal help to those most in need is critical in this instance.
Beyond the immediate need of helping the victims of Hurricane Katrina, legal services is critical to reducing violence in this country. When people cannot get results through the legal system, they resort to extralegal means. We have seen that in all areas of the country. We have seen that sometimes in disaster areas in the last week, and we should expect to see more if we cannot quickly get legal help to the people displaced.
It is not true because of Hurricane Katrina; it is true in everyday disputes. Having access to quality legal help reduces tensions, focuses people on compromise, negotiations. Legal services reduces the burdens on our courts. They help to ensure that those people with disabilities get the benefits to which they are entitled.
That is why the Legal Services Program has the complete support of the American Bar Association and every State bar in the United States. I point out that the American Bar Association supports the amendment we are offering.
Let me add that this amendment is fully offset, as it stands now.
I want to also add Senator Obama as a cosponsor to this amendment.
I urge my colleagues to support this amendment. As I said, 45 Senators signed a letter earlier this year seeking this level of funding; $4 million actually more than what we are asking for in this amendment.
So I hope and trust that we will hold this in conference. We cannot continue to say we are a nation of equal justice under law when the poverty rate keeps going up and the amount of money we are giving the Legal Services keeps going down. Poor people are being excluded from our civil justice system. That is wrong. It should not happen in this country.
So this year, next year, the year after, I will be here, and I am sure along with many others on both sides of the aisle, saying we have to get this funding back up. Our courts are plugged with people sometimes with crimes that have to do with property. How many of those might have been forestalled if they had had Legal Services help--or courts plugged because someone is there because of domestic violence. It could have been forestalled if people had had Legal Services.
So that is why we need to get the Legal Services Corporation back up to the level it was at least in the mid-1990s, and actually it probably should be more than that because of the huge increase in poverty in this country.
So if my colleagues believe in equal justice under law, if they believe an ounce of prevention is worth a pound of cure, if they believe by a little bit of money upfront helping people solve their legal problems, domestic violence problems, and things like that it will help keep people out of court, which we have proven is true, then we ask for support for this amendment, and hopefully we can hold this amount when we go to conference.
Amendment No. 1659
I send the amendment to the desk and ask for its immediate consideration.
Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.
I yield the floor.