[Congressional Record Volume 153, Number 65 (Monday, April 23, 2007)]
[House]
[Pages H3737-H3740]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SUPPORTING THE MISSION AND GOALS OF NATIONAL CRIME VICTIMS' RIGHTS WEEK

  Mr. SCOTT of Virginia. Madam Speaker, I move to suspend the rules and 
agree to the resolution (H. Res. 119) supporting the mission and goals 
of National Crime Victims' Rights Week in order to increase public 
awareness of the rights, needs, and concerns of victims and survivors 
of crime in the United States during such week and throughout the year.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 119

       Whereas currently in the United States, there are millions 
     of victims and survivors of crime whose physical, financial, 
     emotional, and spiritual needs are entitled to the attention 
     and support of individuals and communities across the United 
     States;
       Whereas the collaborative efforts of criminal and juvenile 
     justice professionals, victim service providers, public 
     policy makers, allied professionals, and the Office for 
     Victims of Crime and the Office on Violence Against Women 
     within the Department of Justice have helped enhance public 
     safety and victim awareness in various communities of all 
     sizes across the United States;
       Whereas since 1984, the Victims of Crime Act (VOCA) has 
     collected $8 billion in fines, fees, and assessments on 
     individuals convicted of Federal crimes to support crime 
     victim compensation and victim assistance programs 
     nationwide;
       Whereas there are over 10,000 system-based and community-
     based victim assistance programs that provide greatly needed 
     interventions, support, and justice system advocacy to crime 
     victims and survivors, including 4,400 programs that receive 
     VOCA funding;
       Whereas the theme of the 2007 National Crime Victims' 
     Rights Week, called ``Victims' Rights: Every Victim, Every 
     Time'', recognizes that all victims and survivors of crimes 
     deserve to have victims' rights and access to victims' 
     services, and recognizes the ongoing efforts of countless 
     victim service providers, justice professionals, and allied 
     professionals and volunteers who selflessly dedicate their 
     lives to helping victims and survivors of crimes to exercise 
     their victims rights and access important victim services;
       Whereas, in 2007, the week of April 22 through April 28, is 
     dedicated as the national observance during which crime 
     victims' and survivors' rights, needs, and services will be 
     recognized; and
       Whereas during the 2007 National Crime Victims' Rights 
     Week, the Congressional Victim's Rights Caucus will honor a 
     victim or survivor of crime, a victim service provider, and 
     an allied professional and innovators in public policy 
     development whose efforts on behalf of crime victims and 
     survivors are visionary and exemplary: Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) supports the mission and goals of the 2007 National 
     Crime Victims' Rights Week in order to increase public 
     awareness of the impact of crime on victims and survivors of 
     crime, and of the rights and needs of such victims and 
     survivors; and
       (2) directs the Clerk of the House of Representatives to 
     transmit an enrolled copy of this resolution to the Office 
     for Victims of Crime in the Department of Justice.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Scott) and the gentlewoman from West Virginia (Mrs. 
Capito) each will control 20 minutes.

[[Page H3738]]

  The Chair recognizes the gentleman from Virginia.


                             General Leave

  Mr. SCOTT of Virginia. Madam Speaker, I ask unanimous consent that 
all Members have 5 legislative days to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. SCOTT of Virginia. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, H. Res. 119 recognizes this week as National Crime 
Victims' Rights Week in order to increase public awareness of the 
rights, needs, and concerns of victims and survivors of crime in the 
United States during this week and throughout the year. Obviously, we 
are very attuned to victims this week as we mourn the tragic deaths and 
injuries of the Virginia Tech shootings last week, though this 
resolution was scheduled for victims generally, without any reference 
to specific victims.
  In 2003, the last year for which we have compiled figures, there were 
24.2 million criminal victimizations of people over the age of 12 in 
the United States. Of those, 5.4 million were violent victimizations 
and 18.6 were property victimizations. Unfortunately, there were many 
more crimes than those figures suggest. It is estimated that only 48 
percent of violent crimes and only 38 percent of property crimes are 
reported to police in each year.
  We talked about the large group of victims in the resolution 
preceding this one involving sexual assault victims. Clearly we want to 
be aware of the need of victims of all crimes and do whatever we can, 
not only to address victimizations that occur but also to prevent the 
crimes occurring in the first place. Supporting the mission and goals 
of the National Crime Victims' Rights Week will increase the public 
awareness of the rights, needs, and concerns of victims and survivors 
of crime, and I urge my colleagues to support this resolution.
  Madam Speaker, I reserve the balance of my time.
  Mrs. CAPITO. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise in support of H. Res. 119, honoring National 
Crime Victims' Rights Week. This resolution supports the missions and 
goals of National Crime Victims' Rights Week to increase public 
awareness of the rights, needs, and concerns of crime victims in the 
United States during this week and throughout the year.
  The theme of the 2007 National Crime Victims' Rights Week is 
``Victims Rights: Every Victim, Every Time.'' In honor of every victim, 
we renew our commitment to protecting the rights of crime victims and 
to providing them effective assistance programs. We also commend the 
countless numbers of professionals and volunteers who dedicate their 
lives to helping victims and survivors of crime.
  This week is marked by many special events held across the Nation, 
including the national observance and candlelight ceremony held here in 
Washington, DC, a 5K run/walk and Victims' Rights Fair in Sierra Vista, 
Arizona, a Crime Victims' Rights Rally in Harrisburg, Pennsylvania, and 
many more.
  While these events provide excellent opportunities to focus on 
victims rights, this is an issue that requires our utmost attention 
year-round. That is why it is encouraging that there are over 10,000 
victims assistance programs providing emotional, financial, physical 
and spiritual support every day.
  As the gentleman from Virginia said, a week honoring the victims and 
survivors of crime is especially poignant following last week's tragedy 
at Virginia Tech. The loss of innocent lives affects so many others who 
are left behind. The outpouring of prayers and condolences reminds us 
that victims and survivors of crime will not be forgotten and will 
continue to receive much needed community support.
  I urge my colleagues to support this resolution.
  Madam Speaker, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Madam Speaker, I yield such time as he may 
consume to the gentleman from California (Mr. Costa), the author of 
this resolution.
  Mr. COSTA. I thank the gentleman for yielding.
  Madam Speaker, as a cochairman of the Congressional Victims' Rights 
Caucus, along with Congressman Ted Poe, we rise today in support of 
House Resolution 119, the 2007 National Crime Victims' Rights Week 
resolution, expressing the sense of Congress' support for Victims' 
Rights Week and the efforts to increase public awareness in the United 
States and throughout the country with everything that is occurring, as 
my colleagues have indicated.
  I also want to thank the chairman of the Judiciary Committee and 
Congressman Scott for their leadership on victims issues and for 
helping bring this bill to the floor today, as well as the gentlewoman 
from West Virginia.
  Allow me to begin by sending our thoughts and prayers to those 
victims, the wounded, the friends and the families who were touched by 
the tragedy at Virginia Tech last week. We as Members of Congress and 
throughout the country are wearing these ribbons symbolic to remind all 
of us that in our Nation, and in the world, crime knows no boundaries.
  Victims of crimes are sons and daughters, brothers and sisters, 
parents, neighbors and friends. They are those who are struggling to 
survive the aftermath of crime, and therefore they deserve our support. 
They deserve the services to help them cope.
  When I came to Washington 3 years ago, I discovered that there was a 
void in the leadership on victims issues, so together with my 
colleague, Congressman Ted Poe, we developed the bipartisan voice for 
victims in Congress, the Congressional Victims' Rights Caucus, which we 
together cochair. For Members and staff who are listening today, we 
welcome your participation in this Crime Victims' Caucus.
  On behalf of the caucus, we have introduced this legislation to 
recognize the fact that, as most Americans know all too well, crime 
knows no country, no geographic, no demographic, and no political 
boundary, and it touches all of our communities, unfortunately.
  This resolution before you provides support for Victims Rights Week 
and the Crime Victims Fund, which are two legacies of a former 
President of ours, President Ronald Reagan. Let me give you some of the 
history of how the Crime Victims Fund started.
  First of all in 1980, President Reagan, with bipartisan support in 
Congress, called for a national observance to recognize and honor 
victims of crimes and their families and survivors. The Democratic 
majority in the Congress back in the 1980s supported that effort. This 
week also pays tribute to the thousands of community service providers, 
those providers throughout our country, that give critical support to 
victims every week of the year. Victims Rights Weeks have been observed 
annually, therefore, across the Nation since 1980.
  But the Congress and President Reagan at the time's commitment to 
rights of victims led to the passage of what then became known as the 
Victims of Crime Act, which in 1984 created a Crime Victims Fund. The 
concept behind the fund is smart and it is simple: We take fines levied 
on criminals and distribute that money to the victim services 
providers, those which we talked about. The concept behind that effort 
is that it is not taxpayers' dollars, it is money that comes from those 
fines levied on criminals, and they distribute the money to those care 
providers throughout the Nation. Therefore, let me emphasize, this is 
not taxpayers' dollars.
  Yet, for the third year in a row, this administration is trying to 
take that money meant for victims and to put it in the abyss of our 
current efforts to balance the general fund. I might support that if in 
fact these were taxpayers' dollars, but they are not. These are 
criminals' dollars that are levied for their criminal act. It is simply 
wrong.
  For the last 2 years, the Crime Victims Caucus led the effort to 
protect that fund, and we are doing so again this year. As long as I am 
in Congress, I will continue to fight any effort that would effectively 
deny services to those victims.
  Let me tell you what the Crime Victims Fund has done over the years. 
It has dedicated more than $8 billion annually and supported more than 
4,400 victim assistance programs throughout

[[Page H3739]]

the country that has benefited over 3.8 million. It helps get beds in 
domestic violence shelters, it helps ensure that rape victims receive 
proper counseling, and, sadly, sometimes it even has to go to help 
families pay for funeral expenses.
  This fund, therefore, plays a critical role in all of our communities 
throughout the country. Several groups which I am proud to represent in 
my own district include but are not limited to the Marjorie Mason 
Center in Fresno, the Kern, Fresno and Kings County Probation 
Departments, Clinica Sierra Vista, the Rape Counseling Service of 
Fresno and the Comprehensive Youth Service.
  Our caucus is committed to ensuring that this fund is used for what 
President Reagan intended: to help victims who truly need and deserve 
their assistance and to hold offenders accountable, as the Congress 
intended to do in 1984.
  In 2007, the National Crime Victims' Rights Week theme is ``Victims 
Rights: Every Victim, Every Time.''

                              {time}  1530

  This week from April 22 through April 28, observances are taking 
place throughout the country in thousands of communities, as indicated 
by my colleagues.
  Unfortunately, last year the FBI Uniform Crime Reports found that 
crime again is on the rise. Violent crime rose by 3.7 percent. Murders 
increased by 1.4 percent, and robberies were up by 10 percent. This 
means that victims suffered the indignation of crime and have 
significant losses that affect them physically, emotionally, and 
financially. Our caucus and our Congress must recommit our energies to 
ensure that ``every victim of every crime'' has access to support and 
services.
  Therefore, we must talk to the millions of Americans who are 
victimized each year. We must recall that every violent crime has a 
victim and every victim has a story. We know about the teenage girl who 
leaves home for the first time to go to college, to be impacted by a 
rape; or the young mother who is beaten by her husband on a regular 
basis but fears leaving him because he has threatened to kill her kids 
and she has no money and no place to go. Every victim, every time.
  Therefore, we must do everything we can. The 22 leading national 
organizations have come out in official support of the Victims' Rights 
Week resolution including the National Network to End Domestic 
Violence, Rape, Abuse, and Incest National Network, Justice Solutions, 
National District Attorneys Association, National Children's Alliance, 
National Coalition against Domestic Violence, the National Alliance to 
End Sexual Violence, Mothers Against Drunk Driving, and the National 
Center for Victims of crime. I include the full list for the Record.

         Victims Organizations Official Support for H. Res. 119

       Organization: Justice Solutions; National Association of 
     VOCA Assistance Administrators; National Organization of 
     Parents of Murdered Children; American Probation and Parole 
     Association; National Crime Victims Research and Treatment 
     Center; the National Judicial College; American Society of 
     Victimology; National Center for Victims of Crime; National 
     Alliance To End Sexual Violence; National Organization for 
     Victim Assistance; Stop Family Violence; Mothers Against 
     Drunk Driving; The National Coalition of Victims in Action; 
     National Association of Crime Victim Compensation Boards; 
     National Coalition Against Domestic Violence; National 
     Network To End Domestic Violence; National District Attorneys 
     Association; Jewish Women International; National Children's 
     Alliance; Louisiana Department of Public Safety and 
     Corrections; Rape, Abuse & Incest National Network; Security 
     on Campus, Inc.

  Let me close by recognizing one victim advocate in particular for her 
valuable contribution in this field throughout the country, and her 
friendship and support of crime victims, Anne Seymour. She helped 
Congressman Ted Poe and I organize the Crime Victims Caucus 2\1/2\ 
years ago. People like Anne and all the organizations I mentioned are 
where the rubber meets the road. They are the direct providers, meeting 
the needs of victims every day. They truly are the unsung heroes, and 
this resolution honors their efforts.
  The Congressional Victims Crimes Caucus is committed to working with 
victims, service providers, and advocates to ensure that from the 
courtroom to the U.S. Capitol, the voices of crime victims are heard. I 
urge my colleagues to join me in passing this significant resolution.
  Mrs. CAPITO. Madam Speaker, I yield such time as he may consume to 
the gentleman from Ohio (Mr. Chabot), who is a champion of crime 
victims rights and a member of the Judiciary Committee.
  Mr. CHABOT. Madam Speaker, I rise in strong support of this important 
resolution.
  The recognition of National Crime Victims' Rights Week continues the 
legacy of an individual who committed himself to elevating the status 
of crime victims in this country. Among the many contributions made 
during his Presidency, President Ronald Reagan's leadership and vision 
in advancing the cause of crime victims is immeasurable. Recognition of 
National Crime Victims' Week reflects just one of a number of 
accomplishments which also include national days of observance, 
creating the Office of Victims of Crime, and establishing the Task 
Force on Victims of Crime.
  Too often, victims of crime are made to be victims a second time, 
this time as a result of our criminal justice system, the very system 
designed to protect them. In 2004, 20 years after Congress enacted the 
Victims of Crime Act which authorized the Victims Assistance Fund, 
Congress enacted the Justice for All Act. This was another important 
victory for crime victims, as it extended a number of enforceable 
rights to crime victims, including the right to reasonably be heard at 
any public proceeding involving release, or plea or sentencing, the 
right to file a motion to reopen a plea, or a sentence in certain 
circumstances, and most importantly, the right to be treated with 
dignity and fairness and respect.
  However, the enactment of these rights is just one of a number of 
important changes that needs to occur to ensure that our Nation's 
criminal justice system is just for both offenders and for the victims 
of those crimes.
  Continued recognition and support of National Crime Victims' Week 
serves many purposes, including to remind us of what victims have 
suffered, to thank those individuals and organizations who have 
selflessly dedicated themselves to assisting victims, and to urge us 
all to rededicate ourselves to continue President Reagan's vision and 
leadership in advancing the cause of victims of crime.
  And I also want to note that for a number of years a number of us 
have worked very hard to pass a victims' right constitutional 
amendment. Now, we ought not to amend the Constitution unless it is 
absolutely necessary. And I think this is one incident in which it is 
necessary because the criminals, the defendants, their rights are 
contained within the Constitution itself. The right to a trial, for 
example. The right to have witnesses called on their behalf, the right 
not to have to self-incriminate all are within the Constitution. 
However, the victims, not a word in the Constitution.
  There are laws that have been passed, such as the law which gives a 
victim the right to be heard at a sentencing hearing or have family 
members heard at a sentencing hearing, but those are statutes. 
Oftentimes what happens is they come into conflict, and a judge will 
have to make a decision because they may be in conflict with each 
other.
  The defendant has his or her rights within the Constitution. They are 
up here. The victim, their rights down here are statutory. And when it 
comes to deciding which one is going to prevail, the Constitution will 
trump that statute every time. Therefore, the crime, the one who 
committed the crime, the defendant, the criminal, their rights are held 
higher than the victims. That is just not right.
  That is why Henry Hyde, when he was a Member of Congress, had 
introduced this some years ago, and about 5 years ago I took that up, 
took up the mantle for Henry to continue to push this way, and we have 
made progress. We have made progress in the law; but thus far, it is 
still not within the Constitution and it ought to be.
  I want to thank the gentlewoman and Mr. Scott also for pushing for 
this particular resolution this week. I urge my colleagues to support 
this resolution and to support all victims of crime all across the 
country.
  Mrs. CAPITO. Madam Speaker, I have no further speakers and urge 
passage of this important legislation. As

[[Page H3740]]

has been said by all of the other speakers, victims' rights is a very 
important issue and we don't want to forget those who have been 
victimized by crimes across the Nation.
  Madam Speaker, I yield back the balance of my time.
  Mr. SCOTT of Virginia. Madam Speaker, I yield myself such time as I 
may consume.
  I thank the gentleman from California for introducing this 
resolution, and I urge my colleagues to support it.
  Mr. YARMUTH. Madam Speaker, I rise in strong support of National 
Crime Victims' Rights Week, an opportunity to reflect on the need for 
victims to be treated fairly, commemorate the progress we've made, and 
acknowledge the work that remains before us. This is a week in which we 
rededicate ourselves to the challenges that lie ahead in the fight for 
critical rights for victims of all crimes.
  I recently had the opportunity to meet Pat Byron, a woman from my 
home town of Louisville, Kentucky. Pat's daughter Mary was raped and 
beaten by her ex-boyfriend as a teenager. He was released from prison 
without Mary's knowledge, and tracked down the unsuspecting young woman 
in a parking lot; murdering her on her 21st birthday.
  Because of the courage of Pat Byron and the leadership in Louisville, 
in 1994, the community pioneered VINE, Victim Information and 
Notification Everyday. VINE could have saved Mary's life, and for the 
last 13 years, it has saved many like her. This technology is now 
available in more than 2,000 communities in 41 states and guarantees a 
victim's right to notification and information.
  Today, one week after the most brutal shooting in American history I 
urge my colleagues to join me and my community in standing up for 
victims, not only by commemorating National Crime Victims' Rights Week, 
but in taking steps like automated crime victim notification to ensure 
that victims' rights are protected.
  Mr. SCOTT of Virginia. Madam Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia (Mr. Scott) that the House suspend the rules 
and agree to the resolution, H. Res. 119.
  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. SCOTT of Virginia. Madam 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 and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

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