[Congressional Record Volume 144, Number 47 (Friday, April 24, 1998)]
[Senate]
[Pages S3586-S3587]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SMITH of New Hampshire (for himself, Mr. Helms, and Mr. 
        Faircloth):
  S. 1983. A bill to amend section 991(a) of title 28, United States 
Code, to require certain members of the United States Sentencing 
Commission to be selected from among individuals who are victims of a 
crime of violence; to the Committee on the Judiciary.


                 u.s. sentencing commission legislation

  Mr. SMITH of New Hampshire. Mr. President, this is National Victim 
Rights Week and today I am introducing a bill to amend section 991(a) 
of

[[Page S3587]]

title 28, United States Code, to require certain members of the United 
States Sentencing Commission to be selected from among individuals who 
are victims of a crime of violence.
  Each year, Mr. President, about 40 million Americans are victimized 
by crime. Yet, all too often, the voices of those victims are lost in 
the criminal justice system. In fact, it often seems that the voices of 
those who commit crimes are heard with greater attentiveness by our 
criminal justice system than are the voices of the victims of crime. As 
President Reagan's Task Force on Victims of Crime stated in its 1982 
report, ``the criminal justice system has lost its essential balance.''
  One response to this problem has been S.J. Res. 44, a constitutional 
amendment to protect the rights of victims of crime, which has been 
introduced in this Congress by Senators Kyl and Feinstein. I am proud 
to be a cosponsor of that crime victims constitutional amendment.
  The bill that I am introducing today, Mr. President, is another 
response to the problem of the under representation of victims' rights 
in our criminal justice system. My bill, which my distinguished 
colleagues from North Carolina, Senators Faircloth and Helms, are 
cosponsoring, would reserve two of the seven seats on the United States 
Sentencing Commission for victims of violent crime.
  Mr. President, the United States Sentencing Commission is an 
independent entity within the judicial branch that establishes 
sentencing policies and practices for the Federal courts. This includes 
sentencing guidelines that prescribe the appropriate form and severity 
of punishment for offenders convicted of Federal crimes.

  The U.S. Sentencing Commission is composed of seven voting members 
who are appointed by the President, with the advice and consent of the 
Senate, for six-year terms. The Commission also includes two non-voting 
members. Of the seven voting members of the Sentencing Commission, 
three must be Federal judges.
  Under my bill, two of the four seats on the Sentencing Commission 
that are not filled by Federal judges would be reserved for victims of 
a crime of violence or, in the case of a homicide, an immediate family 
member of such a victim. My bill utilizes the existing statutory 
definition of a crime of violence that is found in section 16 of title 
18 of the United States Code.
  Mr. President, my bill preserves, to a large extent, the discretion 
of the President in making decisions about whom to nominate to seats on 
the Sentencing Commission. Under my bill, the President remains free to 
seek individuals who have professional expertise in the criminal 
justice field, so long as they also are victims of crime. Sadly, Mr. 
President, I do not believe that the President would have much 
difficulty identifying such qualified individuals.
  Mr. President, six of the seven voting seats on the Sentencing 
Commission are vacant. Let's give victims of crime a voice by requiring 
that two of those vacant seats must be filled by Americans who have 
been victimized by violent crime.
  Mr. President, I ask unanimous consent that the text of my bill be 
printed in the Record.
  Thank you, Mr. President. I yield the floor.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1983

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. COMPOSITION OF UNITED STATES SENTENCING 
                   COMMISSION.

       (a) In General.--Section 991(a) of title 28, United States 
     Code, is amended by inserting after ``same political party.'' 
     the following: ``Of the members who are not Federal judges, 
     not less than 2 members shall be individuals who are victims 
     of a crime of violence (as that term is defined in section 16 
     of title 18) or, in the case of a homicide, an immediate 
     family member of such a victim.''.
       (b) Applicability.--The amendment made by this section 
     shall apply with respect to any appointment made on or after 
     the date of enactment of this Act.
                                 ______