W000297
Friday, November 09, 2001 3:55 PM
NRLC comment on victim compensation
This comment is from the National Right to Life Committee (NRLC).
We urge that in implementing the victim compensation provisions of Public Law
107-42, the Department of Justice explicitly recognize unborn children who
were injured or killed in the September 11 terrorist attacks as eligible
claimants. This would allow surviving family members to obtain recompense
for the loss of these unborn children.
As a matter of policy, this would be consistent with the position that
President Bush took in endorsing the Unborn Victims of Violence Act, (HR
503), prior to passage of that bill by the House of Representatives on April
26. H.R. 503 would recognize any "child in utero" as a victim for purposes
of CRIMINAL prosecution, if he or she is injured or killed during the
commission of any one of numerous crimes under Title 18. See Statement of
Administration Policy at
www.whitehouse.gov/omb/legislative/sap/107-1/HR503-r.html. Please note
especially the statement, "The Administration would strongly oppose any
amendment to H.R. 503, such as a so-called 'One-Victim' Substitute, which
would define the bill's crimes as having only one victim -- the pregnant
woman."
Enactment of H.R. 503 is necessary because of the specific constitutional
requirements for successful criminal prosecutions, but no such issues arise
with respect to the victim compensation provisions of Public Law 107-42.
Under PL 107-42, it is clearly within administrative discretion to recognize
that unborn children are "individual[s]," whose death represents a real loss
to surviving family members.
Further insight into the perspective of such family members can be gleaned by
reviewing the moving testimony of Michael Lenz, who testified in 1999 before
the House Judiciary subcommittee regarding the loss of his wife and unborn
baby son in the Oklahoma City bombing. Mr. Lenz's testimony is posted at
www.house.gov/judiciary/lenz0721.htm.
Thank you for your consideration of NRLC's perspective on this matter.
Sincerely,
National Right to Life Committee
Washington, DC