[Congressional Record Volume 144, Number 139 (Wednesday, October 7, 1998)]
[House]
[Pages H9998-H9999]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             CRIME VICTIMS WITH DISABILITIES AWARENESS ACT

  Mr. McCOLLUM. Madam Speaker, I move to suspend the rules and pass the 
Senate bill (S. 1976) to increase public awareness of the plight of 
victims of crime with developmental disabilities, to collect data to 
measure the magnitude of the problem, and to develop strategies to 
address the safety and justice needs of victims of crime with 
developmental disabilities.
  The Clerk read as follows:

                                S. 1976

       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 ``Crime Victims With 
     Disabilities Awareness Act''.

     SEC. 2. FINDINGS; PURPOSES.

       (a) Findings.--Congress finds that--
       (1) although research conducted abroad demonstrates that 
     individuals with developmental disabilities are at a 4 to 10 
     times higher risk of becoming crime victims than those 
     without disabilities, there have been no significant studies 
     on this subject conducted in the United States;
       (2) in fact, the National Crime Victim's Survey, conducted 
     annually by the Bureau of Justice Statistics of the 
     Department of Justice, does not specifically collect data 
     relating to crimes against individuals with developmental 
     disabilities;
       (3) studies in Canada, Australia, and Great Britain 
     consistently show that victims with developmental 
     disabilities suffer repeated victimization because so few of 
     the crimes against them are reported, and even when they are, 
     there is sometimes a reluctance by police, prosecutors, and 
     judges to rely on the testimony of a disabled individual, 
     making individuals with developmental disabilities a target 
     for criminal predators;
       (4) research in the United States needs to be done to--
       (A) understand the nature and extent of crimes against 
     individuals with developmental disabilities;
       (B) describe the manner in which the justice system 
     responds to crimes against individuals with developmental 
     disabilities; and
       (C) identify programs, policies, or laws that hold promises 
     for making the justice system more responsive to crimes 
     against individuals with developmental disabilities; and
       (5) the National Academy of Science Committee on Law and 
     Justice of the National Research Council is a premier 
     research institution with unique experience in developing 
     seminal, multidisciplinary studies to establish a strong 
     research base from which to make public policy.
       (b) Purposes.--The purposes of this Act are--
       (1) to increase public awareness of the plight of victims 
     of crime who are individuals with developmental disabilities;
       (2) to collect data to measure the extent of the problem of 
     crimes against individuals with developmental disabilities; 
     and
       (3) to develop a basis to find new strategies to address 
     the safety and justice needs of victims of crime who are 
     individuals with developmental disabilities.

     SEC. 3. DEFINITION OF DEVELOPMENTAL DISABILITY.

       In this Act, the term ``developmental disability'' has the 
     meaning given the term in section 102 of the Developmental 
     Disabilities Assistance and Bill of Rights Act (42 U.S.C. 
     6001).

     SEC. 4. STUDY.

       (a) In General.--The Attorney General shall conduct a study 
     to increase knowledge and information about crimes against 
     individuals with developmental disabilities that will be 
     useful in developing new strategies to reduce the incidence 
     of crimes against those individuals.
       (b) Issues Addressed.--The study conducted under this 
     section shall address such issues as--
       (1) the nature and extent of crimes against individuals 
     with developmental disabilities;
       (2) the risk factors associated with victimization of 
     individuals with developmental disabilities;
       (3) the manner in which the justice system responds to 
     crimes against individuals with developmental disabilities; 
     and
       (4) the means by which States may establish and maintain a 
     centralized computer database on the incidence of crimes 
     against individuals with disabilities within a State.
       (c) National Academy of Sciences.--In carrying out this 
     section, the Attorney General shall consider contracting with 
     the Committee on Law and Justice of the National Research 
     Council of the National Academy of Sciences to provide 
     research for the study conducted under this section.
       (d) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Attorney General shall submit to 
     the Committees on the Judiciary of the Senate and the House 
     of Representatives a report describing the results of the 
     study conducted under this section.

     SEC. 5. NATIONAL CRIME VICTIM'S SURVEY.

       Not later than 2 years after the date of enactment of this 
     Act, as part of each National Crime Victim's Survey, the 
     Attorney General shall include statistics relating to--
       (1) the nature of crimes against individuals with 
     developmental disabilities; and
       (2) the specific characteristics of the victims of those 
     crimes.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. McCollum) and the gentlewoman from Texas (Ms. Jackson-Lee) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Florida (Mr. McCollum).


                             General Leave

  Mr. McCOLLUM. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. McCOLLUM. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, S. 1976, the Crime Victims with Disabilities Awareness 
Act, is an effort to increase public awareness of the plight of crime 
victims who suffer from developmental disabilities. Sponsored by 
Senator DeWine and passed by the other body on July 13, 1998, the bill 
directs the Attorney General, in conjunction with the National Research 
Council, to develop a plan to increase our understanding and help 
prevent crimes against vulnerable segments of our society. The Attorney 
General would be required to gather and report statistics on crimes 
against the physically and mentally disabled as part of the National 
Crime Victims Survey.
  Madam Speaker, criminals are opportunists. We have long recognized 
they target the most vulnerable members of society for crime and 
exploitation and we have responded by successfully heightening 
awareness of crimes against women, children, and the elderly. This 
subcommittee has considered numerous pieces of legislation to address 
crimes against children and the elderly, but we have not considered the 
extent and the nature of crimes against disabled individuals.
  I was shocked to find out that we know very little about crimes 
against the disabled. There is an estimated 52 million Americans with 
disabilities and we have every indication that crimes against this 
population are serious, yet no significant studies have

[[Page H9999]]

been conducted in the United States. In fact, the Bureau of Justice 
Statistics in their annual National Crime Victims Survey does not 
specifically collect data about crimes against persons with 
developmental disabilities.
  Research in foreign countries has found that persons with 
developmental disabilities are at a 4 to 10 times higher risk of 
becoming crime victims than those without disabilities. Studies in 
Canada, Australia and Great Britain consistently show that crime 
victims with developmental disabilities suffer repeated victimization 
because so few of the crimes against them are reported. Unfortunately, 
even when crimes against victims with disabilities are reported, there 
sometimes is a reluctance by justice officials to rely solely on the 
testimony of a disabled person, further making these victims a target 
for criminal predators.
  S. 1976 seeks to promote research to, (1) understand the nature and 
extent of crimes against persons with developmental disabilities; (2) 
assess how the law enforcement and justice systems currently respond to 
crimes against the developmentally disabled; and (3) identify programs, 
policies, or laws that hold promise for making our law enforcement and 
justice systems more responsive to crimes against persons with 
developmental disabilities.
  I am hopeful that the research in this legislation will have broad 
positive national policy implications. Greater knowledge about victims 
with developmental disabilities will help service providers target 
programs more effectively. Victims and their families will have a 
better understanding of crime risks. Justice and social service policy 
makers will have a greater understanding of how to improve 
investigative and prosecutorial strategies and how to use victims' 
testimony in conjunction with other case evidence.
  Clearly, what this legislation is trying to do is to raise 
considerably the national profile of this issue among research agencies 
and the academic community and to continue to define and develop 
solutions to the problem. It is an important proposal and I urge my 
colleagues to support it.
  Madam Speaker, I reserve the balance of my time.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I yield myself such time as 
I may consume.
  Madam Speaker, I rise to support this legislation which was 
introduced by Senator Leahy and Senator DeWine and passed by the Senate 
by unanimous consent.
  Interestingly enough, as the gentleman from Florida (Mr. McCollum), 
my colleague and chairman has indicated, research has already been done 
on this issue in foreign countries and it has found that persons with 
developmental disabilities are at a 4 to 10 times higher risk of 
becoming crime victims than those without disabilities. Interestingly 
enough, we have not done similar research here in the United States.
  The legislation is designed to achieve the three objectives: 
Increasing public awareness of the plight of crime victims with 
developmental disabilities; to start collecting data to measure the 
extent and nature of the problem; and, to develop strategies to address 
the safety and justice of these victims.
  Many times these victims cannot explain or express the circumstances 
around their victimization. Research in the United States really needs 
to be done to understand the nature and extent of crimes against 
persons with developmental disabilities, again, to show how the law 
enforcement and justice systems currently respond to such crimes and to 
identify programs and policies or laws that hold promise for making our 
law enforcement and justice systems more responsive to crimes against 
persons with developmental disabilities.
  Frankly, Madam Speaker, we need to reach out to these individuals, so 
that they can aggressively be able to protect themselves, we can 
provide them with comfort and training, and we can stave off those who 
would victimize these victims because of their disabilities.
  The legislation directs the Attorney General to enter into contracts 
to develop a research agenda to increase the understanding and control 
of crime against persons with developmental disabilities.
  In speaking to one of my colleagues here on the floor, they found 
this bill particularly interesting in light of the fact that people 
with disabilities, someone that they are very familiar with, would be 
subject to attack by those who thought they were easy prey. This is an 
important issue because there are more and more people with 
developmental disabilities in this Nation. This because of poor 
prenatal nutrition and care, serious accidents, and other tragedies 
that occur throughout one's life.

                              {time}  2310

  There are also increases in child abuse, and there is much substance 
abuse during pregnancy. So we are finding more and more Americans who 
are capable of surviving and supporting themselves, but they are 
developmentally disabled and become subject to victimization.
  This is a strong bipartisan bill and I urge its adoption.
  I rise in support of this legislation introduced by my good friend 
Mr. Traficant which ensures that Federal funds for the Cops on the Beat 
program are used in a manner that produces a net gain in the number of 
law enforcement officers who perform non-administrative safety 
services.
  I was heavily involved in the enaction of the initial cops on the 
beat program, and I can assure the Members that the overriding goal was 
to hire and retain as many neighborhood policeman as possible, not to 
use the money for excessive administrative or overhead costs.
  Identical legislation has been enacted in each of the last several 
Congresses through the appropriations process, but has become entangled 
in other issues.
  This is good legislation that will help our communities fight crime, 
and I urge a yes vote.
  Madam Speaker, I have no requests for time, and I yield back the 
balance of my time.
  Mr. McCOLLUM. Madam Speaker, I have no requests for time, and I yield 
back the balance of my time.
  The SPEAKER pro tempore (Ms. Wilson). The question is on the motion 
offered by the gentleman from Florida (Mr. McCollum) that the House 
suspend the rules and pass the bill, H.R. 1976.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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