dojW000301.xml

dojW000301.xml

born-digital

email

yes

no

2001-11-09

National Right To Life
Committee, Inc.

November 9, 2001


To Whom It May Concern:

This is the comment of the National Right to Life Committee (NRLC) on implementation of the victim
compensation provisions of Public Law 107-42, as invited in the November 5 Federal Register.
NRLC urges the Department of Justice to 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 (H.R.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 Title18. 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 on NRLC's
perspective on this matter.

Sincerely,

National Right to Life Committee

2001-11-09