[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1362 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1362

 To provide enhanced Federal enforcement and assistance in preventing 
          and prosecuting crimes of violence against children.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 19, 2003

    Ms. Millender-McDonald introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
  Committees on Education and the Workforce and Ways and Means, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To provide enhanced Federal enforcement and assistance in preventing 
          and prosecuting crimes of violence against children.

    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 ``Violence Against Children Act of 
2003''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) People under the age of 18 make up approximately 12 
        percent of all crime victims known to police, including 71 
        percent of all sex crime victims and 38 percent of all 
        kidnaping victims.
            (2) People from the ages of 12 through 17 are over 2 times 
        more likely to be victims of violent crime than adults.
            (3) It has been estimated that only 28 percent of crimes 
        against children are actually reported.
            (4) Some 1,200 children die as a result of abuse each year, 
        and approximately 879,000 children are victims of abuse.
            (5) Child abuse has long-lasting negative effects upon 
        children and families, including delayed development, 
        depression, substance abuse, and increased likelihood of 
        experiencing or perpetrating domestic violence as an adult.
            (6) Most local agencies lack adequate resources to protect 
        and serve the needs of children and families that are brought 
        to their attention.
            (7) Failure to pay child support is in itself a form of 
        neglect, as children who do not receive financial support are 
        more likely to live in poverty, and are therefore more likely 
        to suffer from inadequate education, a lack of quality health 
        care, and a lack of affordable housing.

       TITLE I--ENHANCED FEDERAL ROLE IN CRIMES AGAINST CHILDREN

SEC. 101. ENHANCED PENALTIES.

    (a) In General.--Chapter 110 of title 18, United States Code, is 
amended by inserting at the end the following:
``Sec. 2260A. Violence against children
    ``(a) In General.--Whoever, whether or not acting under color of 
law, in any circumstance described in subsection (b), by force or 
threat of force willfully injures or attempts to injure any person 
under 18 years of age--
            ``(1) shall be imprisoned for not more than 10 years and 
        fined in accordance with this title; and
            ``(2) shall be imprisoned for any term of years or for 
        life, and fined in accordance with this title if--
                    ``(A) death results from the offense; or
                    ``(B) the offense includes kidnaping or an attempt 
                to kidnap, aggravated sexual abuse or an attempt to 
                commit aggravated sexual abuse, or an attempt to kill.
    ``(b) Circumstances.--For purposes of subsection (a), the 
circumstances described in this subsection are that--
            ``(1) the conduct described in subsection (a) occurs during 
        the course of, or as the result of, the travel of the defendant 
        or the victim--
                    ``(A) across a State line or national border; or
                    ``(B) using a channel, facility, or instrumentality 
                of interstate or foreign commerce; or
            ``(2) in connection with the conduct described in 
        subsection (a), the defendant employs a firearm, explosive or 
        incendiary device, or other weapon that has traveled in 
        interstate or foreign commerce.''.
    (b) Amendment to Chapter Analysis.--The chapter analysis for 
chapter 110 of title 18, United States Code, is amended by inserting at 
the end the following:

``2260A. Violence against children.''.
    (c) Enhanced Penalties for Existing Crimes When Committed Against 
Children.--Pursuant to its authority under section 994(p) of title 28, 
United States Code, and in accordance with this Act and its purposes, 
the United States Sentencing Commission shall review and amend its 
guidelines and its policy statements to provide enhanced penalties when 
the victim of a Federal crime is under the age of 18.
    (d) GAO Review of State Laws.--Not later than 6 months after the 
date of enactment of this Act, the Comptroller General of the United 
States shall--
            (1) review the statutory penalties for crimes against 
        children under State laws and the sentencing practices of the 
        States with respect to those crimes, including whether a State 
        provides enhanced penalties when the victim of the crime is a 
        child; and
            (2) report the findings of the review to Congress.

SEC. 102. ENHANCED ASSISTANCE FOR CRIMINAL INVESTIGATIONS AND 
              PROSECUTIONS BY STATE AND LOCAL LAW ENFORCEMENT 
              OFFICIALS.

    (a) In General.--At the request of a State, Indian tribal 
government, or unit of local government, the Attorney General shall 
provide technical, forensic, prosecutorial, or any other form of 
assistance in the criminal investigation or prosecution of any crime 
that--
            (1) constitutes a crime of violence (as defined in section 
        16 of title 18, United States Code);
            (2) constitutes a felony under the laws of the State or 
        Indian tribe; and
            (3) is committed against a person under 18 years of age.
    (b) Priority.--If the Attorney General determines that there are 
insufficient resources to fulfill requests made pursuant to subsection 
(a), the Attorney General shall give priority to requests for 
assistance to--
            (1) crimes committed by, or believed to be committed by, 
        offenders who have committed crimes in more than 1 State; and
            (2) rural jurisdictions that have difficulty covering the 
        extraordinary expenses relating to the investigation or 
        prosecution of the crime.

                        TITLE II--GRANT PROGRAMS

SEC. 201. FEDERAL ASSISTANCE TO STATE AND LOCAL LAW ENFORCEMENT.

    (a) In General.--The Attorney General shall award grants to assist 
States, Indian tribal governments, and units of local government to 
develop and strengthen effective law enforcement and prosecution of 
crimes against children.
    (b) Purposes.--Grants provided under this section shall provide 
personnel, training, technical assistance, data collection, and other 
equipment for the more widespread apprehension, prosecution, and 
adjudication of persons committing crimes against children, and 
specifically, for the purposes of--
            (1) training law enforcement officers, prosecutors, judges, 
        and other court personnel to more effectively identify and 
        respond to crimes against children;
            (2) developing, training, or expanding units of law 
        enforcement officers, prosecutors, or courts specifically 
        targeting crimes against children;
            (3) developing and implementing more effective police and 
        prosecution policies, protocols, orders, and services 
        specifically devoted to preventing, identifying, and responding 
        to crimes against children;
            (4) developing, installing, or expanding data collection 
        and communication systems, including computerized systems, 
        linking police, prosecutors, and courts for the purpose of 
        identifying and tracking arrests, prosecutions, and convictions 
        for crimes against children;
            (5) encouraging, developing, and strengthening programs, 
        procedures, and policies that enhance cross-collaboration and 
        cross-communication between law enforcement and child services 
        agencies regarding the care, treatment, and services for child 
        victims; and
            (6) developing, enlarging, or strengthening programs 
        addressing the needs and circumstances of Indian tribes in 
        dealing with crimes against children.
    (c) Application.--
            (1) In general.--Each State, Indian tribal government, or 
        unit of local government that desires a grant under this 
        section shall submit an application to the Attorney General at 
        such time, in such manner, and accompanied by or containing 
        such information as the Attorney General shall reasonably 
        require.
            (2) Requirements.--A State, Indian tribal government, or 
        unit of local government applying for a grant under this 
        section shall--
                    (A) describe--
                            (i) the purposes for which the grant is 
                        needed;
                            (ii) the intended use of the grant funds; 
                        and
                            (iii) the expected results from the use of 
                        grant funds;
                    (B) demonstrate that, in developing a plan to 
                implement the grant, the State, Indian tribal 
                government, or unit of local government has consulted 
                and coordinated with nonprofit, nongovernmental victim 
                services programs that have experience in providing 
                services to victims of crimes against children; and
                    (C) certify that--
                            (i) any Federal funds received under this 
                        section will be used to supplement, not 
                        supplant, non-Federal funds that would 
                        otherwise be available for activities funded 
                        under this section; and
                            (ii) the State, the Indian tribal 
                        government, or the State in which the unit of 
                        local government is located is in compliance 
                        with sections 301 and 302.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $25,000,000 for each of the 
fiscal years 2004 through 2008.

SEC. 202. EDUCATION, PREVENTION, AND VICTIMS' ASSISTANCE GRANTS.

    (a) In General.--The Attorney General shall award grants to assist 
States, Indian tribal governments, units of local government, and 
nongovernmental organizations to provide education, prevention, 
intervention, and victims' assistance services regarding crimes against 
children.
    (b) Purposes.--Grants provided under this section shall be used to 
provide education, prevention, and intervention services to prevent 
crimes against children and to provide assistance to children, and the 
families of children, who are victims of crime, including--
            (1) educational seminars;
            (2) the operation of hotlines;
            (3) training programs for professionals;
            (4) the preparation of informational materials;
            (5) intervention services to prevent crimes against 
        children;
            (6) other efforts to increase awareness of the facts about, 
        or to help prevent, crimes against children, including efforts 
        to increase awareness in underserved racial, ethnic, and 
        language minority communities;
            (7) emergency medical treatment for victims;
            (8) counseling to victims of crimes against children and 
        their families; and
            (9) increasing the supply of mental health professionals 
        specializing in the mental health of victims of crimes against 
        children.
    (c) Application.--
            (1) In general.--Each State, Indian tribal government, unit 
        of local government, or nongovernmental organization that 
        desires a grant under this section shall submit an application 
        to the Attorney General at such time, in such manner, and 
        accompanied by or containing such information as the Attorney 
        General shall reasonably require.
            (2) Requirements.--A State, Indian tribal government, unit 
        of local government, or nongovernmental organization applying 
        for a grant under this section shall--
                    (A) describe--
                            (i) the purposes for which the grant is 
                        needed;
                            (ii) the intended use of the grant funds; 
                        and
                            (iii) the expected results from the use of 
                        grant funds;
                    (B) demonstrate that, in developing a plan to 
                implement the grant--
                            (i) in the case of a State, Indian tribal 
                        government, or unit of local government, that 
                        the State, Indian tribal government, or unit of 
                        local government has consulted and coordinated 
                        with nonprofit, nongovernmental victim services 
                        programs that have experience in providing 
                        services to victims of crimes against children; 
                        and
                            (ii) in the case of a nongovernmental 
                        organization, that the nongovernmental 
                        organization has experience in providing 
                        education, prevention, or intervention services 
                        regarding crimes against children or has 
                        experience in providing services to victims of 
                        crimes against children; and
                    (C) certify that--
                            (i) any Federal funds received under this 
                        section will be used to supplement, not 
                        supplant, non-Federal funds that would 
                        otherwise be available for activities funded 
                        under this section, provided that the Attorney 
                        General may waive such requirement for 
                        nongovernmental organizations in extraordinary 
                        circumstances; and
                            (ii) the State, the Indian tribal 
                        government, the State in which the unit of 
                        local government is located, or the State in 
                        which the nongovernmental organization will 
                        operate the activities funded under this 
                        section is located, is in compliance with 
                        section 303.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $25,000,000 for each of the 
fiscal years 2004 through 2008.

SEC. 203. REAUTHORIZATION OF CHILD ADVOCACY CENTERS.

    The Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.) is 
amended--
            (1) in section 211 (42 U.S.C. 13001) by--
                    (A) redesignating paragraphs (6) and (7) as 
                paragraphs (9) and (10), respectively; and
                    (B) inserting after paragraph (5) the following:
            ``(6)(A) the National Children's Alliance (NCA) is a 
        nationwide not-for-profit membership organization whose members 
        are local Children's Advocacy Centers;
            ``(B) the NCA's mission is to assist communities seeking to 
        improve their response to child abuse by supporting the 
        development, growth, and continuation of Children's Advocacy 
        Centers (CACs); and
            ``(C) the NCA provides training, technical assistance, and 
        networking opportunities to CACs nationally;
            ``(7)(A) CACs are community partnerships committed to a 
        multidisciplinary team approach by professionals pursuing the 
        truth in child abuse investigations; and
            ``(B) CACs are based in child-friendly facilities that 
        enable law enforcement, prosecutors, child protective services, 
        and the medical and mental health communities to work as a team 
        to investigate, prosecute, and treat child abuse;
            ``(8)(A) working in partnership with the National 
        Children's Alliance, Regional Children's Advocacy Centers were 
        established by the Office of Juvenile Justice and Delinquency 
        Prevention to provide outreach and assistance to communities 
        seeking to develop a Children's Advocacy Center; and
            ``(B) Regional Children's Advocacy Centers provide 
        information, consultation, training, and technical assistance 
        helping to establish child-focused programs that facilitate and 
        support coordination among agencies responding to child abuse. 
        Regional Children's Advocacy Centers also provide regional 
        services to help Children's Advocacy Centers already in 
        existence;'';
            (2) in section 212 (42 U.S.C. 13001a)--
                    (A) by striking paragraphs (3) and (6);
                    (B) redesignating paragraphs (4) and (5) as 
                paragraphs (3) and (4), respectively; and
                    (C) redesignating paragraphs (7), (8), and (9) as 
                paragraphs (5), (6), and (7), respectively;
            (3) in section 213 (42 U.S.C. 13001b)--
                    (A) by striking the caption for the section and 
                inserting ``children's advocacy centers''; and
                    (B) in subsection (a), by striking beginning with 
                ``the Administrator'' through paragraph (1) and 
                inserting the following: ``The Administrator of the 
                Office of Juvenile Justice and Delinquency Prevention 
                shall establish Regional Children's Advocacy Centers 
                to--
            ``(1) focus attention on child victims by assisting 
        communities to develop and maintain local Children's Advocacy 
        Centers which are child-focused community-oriented facility 
        based programs designed to improve the resources available to 
        children and families affected by child abuse and neglect;'';
                    (C) in subsection (b)(1), by striking ``, in 
                coordination with the Director,'';
                    (D) in subsection (c)--
                            (i) in paragraph (1), by striking the text 
                        and inserting ``The Administrator, in 
                        consultation with the National Children's 
                        Alliance, shall solicit proposals for 
                        assistance under this section when existing 
                        contracts with Regional Children's Advocacy 
                        Centers are close to expiration.''; and
                            (ii) in paragraph (4)(B), by striking the 
                        matter before clause (i) and inserting the 
                        following: ``The Administrator shall select 
                        proposals for funding that--'';
                    (E) in subsection (d)--
                            (i) in paragraph (1), by striking ``, in 
                        coordination with the Director,''; and
                            (ii) in paragraph (2), by striking ``and 
                        the Director''; and
                    (F) by striking subsection (e);
            (4) in section 214 (42 U.S.C. 13002)--
                    (A) by amending subsection (a) to read as follows:
    ``(a) In General.--The Administrator, in consultation with the 
officials from the Office of Victims of Crime, shall make grants to 
develop and implement local multidisciplinary child abuse 
investigations and prosecution programs. The National Children's 
Alliance shall serve as the subgrantor of these funds.''; and
                    (B) in subsection (b)(1), by striking ``, in 
                coordination with the Director,''; and
            (5) in section 214B (42 U.S.C. 13004)--
                    (A) in subsection (a), by striking paragraph (2) 
                and inserting the following:
            ``(2) $10,000,000 for each of the fiscal years 2004 through 
        2008.''; and
                    (B) in subsection (b)(2), by inserting before the 
                period the following: ``and each of the fiscal years 
                2004 through 2008''.

                     TITLE III--NATIONWIDE PROGRAMS

SEC. 301. NATIONWIDE AMBER ALERT.

    Not later than 3 years after the date of enactment of this Act, 
each State receiving grants pursuant to section 201 shall have in place 
a statewide AMBER Alert communications network for child abduction 
cases.

SEC. 302. IMPROVED STATISTICAL GATHERING.

    Each State receiving grants pursuant to section 201 shall use, or 
shall be in the process of testing or developing protocols to use, the 
National Incident-Based Reporting System.

SEC. 303. NATIONAL SAFE HAVEN.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, each State receiving grants pursuant to section 202 shall 
have in effect a statute that--
            (1) permits a parent to leave a newborn baby with a 
        medically-trained employee of a hospital emergency room 
        anonymously without any criminal or other penalty;
            (2) includes a mechanism to encourage and permit a hospital 
        employee in the receiving hospital to collect information about 
        the medical history of the family subject to the approval of 
        the parent; and
            (3) includes a plan for publicizing the State's Safe Haven 
        law.
    (b) Exception.--Notwithstanding subsection (a)(1), a State statute 
in effect pursuant to this section may deny a parent the ability to 
leave a newborn baby anonymously without any criminal or other penalty 
if the newborn baby shows signs of abuse or appears to have been 
intentionally harmed.

SEC. 304. IMPROVED CHILD PROTECTION SERVICES PROGRAMS.

    (a) Report by States.--Not later than 180 days after the date of 
enactment of this Act, each State receiving an allotment for child 
welfare services under subpart 1 of part B of title IV of the Social 
Security Act (42 U.S.C. 620 et seq.) shall submit to the Secretary of 
Health and Human Services a report detailing the State's program funded 
under that subpart, including the process for maintaining records and 
verifying the well-being of the children under the State's care.
    (b) GAO Study.--Not later than 180 days after the date of enactment 
of this Act, the General Accounting Office shall report to Congress on 
State practices and policies under the child welfare program funded 
under subpart 1 of part B of title IV of the Social Security Act (42 
U.S.C. 620 et seq.). The report shall include the following:
            (1) How States are maintaining records and verifying the 
        well-being of the children under their care, including how well 
        States are keeping track of where those children are.
            (2) Whether and how the review system being undertaken by 
        the Secretary of Health and Human Services is helping States to 
        reform their child welfare system.
            (3) The best practices being implemented by the States.
            (4) Recommendations for legislative changes by Congress.

                  TITLE IV--CHILD SUPPORT ENFORCEMENT

SEC. 401. SENSE OF THE SENATE ON TAX TREATMENT OF CHILD SUPPORT.

    It is the sense of the Senate that Congress should pass legislation 
to extend the current Federal tax treatment on bad debt to nonpayment 
of child support by--
            (1) allowing those that do not receive the child support 
        they are owed to deduct that amount from their Federal income 
        taxes; and
            (2) requiring those who fail to pay child support to add 
        the unpaid amount to their income for Federal tax purposes.
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