[Congressional Record Volume 149, Number 77 (Thursday, May 22, 2003)]
[Senate]
[Pages S7007-S7010]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. BOXER (for herself and Mr. Biden):
  S. 1123. A bill to provide enhanced Federal enforcement and 
assistance in preventing and prosecuting crimes of violence against 
children; to the Committee on the Judiciary.
  Mrs. BOXER. Mr. President, today I am introducing the Violence 
Against Children Act of 2003. The legislation, modeled on the 
successful Violence Against Women Act, will both toughen Federal 
penalties for crimes against children and assist local communities in 
their efforts to fight violence against children. It has been endorsed 
by over 100 prominent individuals and organizations.
  We were all horrified by the tragic murders of Samantha Runion and 
Danielle van Dam. We were horrified by the kidnaping of Elizabeth 
Smart, Erica Pratt, and Nichole Taylor Timmons who were snatched right 
from their homes. We were horrified by the kidnaping and rape of 
Jacqueline Marris and Tamara Brooks.
  But there are thousands more stories we do not hear--thousands of 
children who each year are victims of sexual molestation, kidnaping, 
murder--thousands of children whose stories do not make the nightly 
news--thousands of children and thousands of families who suffer in 
silence and often without help.

[[Page S7008]]

  In fact, 71 percent of all sex crime victims are under the age of 
18--and 38 percent of all kidnaping victims are under age 18. Those 
between the ages of 12 and 17 are over two times more likely to be 
victims of a violent crime than adults. And as alarming as those 
statistics are, according to a study published in 1999, only 28 percent 
of all crimes against children are actually reported.
  While we are horrified by these and other stories, we must not let 
them paralyze us. We must do for children what we have done on behalf 
of women, by changing attitudes and changing the culture. The Violence 
Against Children Act would create a new Federal criminal statute for 
willfully injuring or attempting to injure any person under the age of 
18. Those who injure a child or try to will be imprisoned for up to 10 
years and fined. And if the crime is kidnaping, aggravated sexual 
abuse, or murder, the maximum penalty will be life in prison.
  In addition to enhanced penalties for crimes against children, the 
Violence Against Children Act provides Federal assistance--including 
technical, forensic, and prosecutorial assistance--to any State, Indian 
tribe, or local government that requests assistance with a violent 
felony against a child. The bill also establishes a grant program to 
help local police and prosecutors to strengthen effective law 
enforcement and prosecution for these crimes.
  This Act builds upon the Protect Act, recently signed into law, by 
requiring that States have an Amber Alert system to help locate missing 
children in order to qualify for the local law enforcement grants. In 
addition, to cut down on the number of abused and neglected children, 
states are required to have a Safe Haven program that would allow 
parents to leave newborn babies in hospital emergency rooms, 
anonymously and with no fear of penalty. These requirements will ensure 
that states take action to improve systems that can protect our 
Nation's children.
  I am pleased to be joined in this effort by Senator Biden, who I 
teamed up with over a decade ago in introducing the Violence Against 
Women Act. And Representative Millender-McDonald is the sponsor of the 
House bill.
  This is a critical issue to safeguard our children and youth 
nationwide. I urge my colleagues to cosponsor this bill.
  I ask unanimous consent to print in the Record a section-by-section 
summary of the bill and a list of those who have endorsed it.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

       Violence Against Children Act--Section-by-Section Summary

     Section 1. Short title
       Names the Act the ``Violence Against Children Act of 
     2003.''
     Section 2. Findings
       Includes findings on the extent of crimes against children 
     and the effect of those crimes against children. Also finds 
     that failure to pay child support is a form of neglect.


       title I--enHANCED FedERAL ROle In CRIMES against CHILDREN

     Section 101. Enhanced penalties
       (1) New Criminal Statute
       Creates a new federal criminal statute for willfully 
     injuring or attempting to injure any person under the age of 
     18. Establishes a maximum penalty of 10 years in prison and a 
     fine. If death of the child results from the crime or if the 
     crime is kidnapping, an attempt to kidnap, aggravated sexual 
     abuse, an attempt to commit aggravated sexual abuse, or an 
     attempt to kill, the maximum penalty is a fine and life in 
     prison.
       For constitutional purposes, the criminal statute applies 
     only under certain circumstances: (1) if the defendant or the 
     victim engages in interstate or foreign commerce, including 
     crossing a state line, during the course of or as the result 
     of committing the crime; or (2) the defendant uses a firearm 
     or other weapon that has traveled in interstate or foreign 
     commerce.
       (2) Enhanced Penalties of Existing Crimes
       Directs the United States Sentencing Commission to provide 
     enhanced penalties for existing federal crimes when the 
     victim is under the age of 18.
       (3) Review of State Laws
       Directs the General Accounting Office, within 6 months, to 
     review state criminal penalties for crimes against children 
     and state laws regarding enhanced penalties when the victim 
     of a crime is under the age of 18.
     Section 102. Enhanced assistance for criminal investigations 
         and prosecutions by state and local law enforcement 
         officials
       Requires the Attorney General to provide federal 
     assistance--including technical, forensic, and prosecutorial 
     assistance--to any state, Indian tribe, or local government 
     that requests assistance with a violent felony against a 
     child.
       If the Attorney General determines that there are 
     insufficient resources to fulfill all such requests, priority 
     is given to (a) requests that involve offenders who have 
     committed crimes in more than one state; and (b) rural areas 
     that do not have sufficient resources to investigate and 
     prosecute the crime.


                        TITLE II--GRANT PROGRAMS

     Section 201. State and local law enforcement assistance 
         grants
       Creates a new grant program to assist states, Indian 
     tribes, and local governments to strengthen law enforcement 
     and prosecution of crimes against children. Grants could be 
     used for a variety of purposes, including: (a) training law 
     enforcement officers, prosecutors, and judges; (b) developing 
     or expanding law enforcement units or courts that 
     specifically target crimes against children; (c) developing 
     policies to prevent, identify, and respond to crimes against 
     children; (d) establishing data collection and communication 
     systems to link police, prosecutors, and courts in helping to 
     track arrests, prosecutions, and convictions of crimes 
     against children; and (e) establishing and strengthening 
     collaboration and communication between law enforcement and 
     child services agencies.
       To be eligible for funds, a state must have in place an 
     AMBER Alert system (see section 301) and must use, or be in 
     the process of using, the National Incident-Based Reporting 
     System (see section 302).
       Authorizes $25 million for each of the next five years. 
     Federal funds must supplement, not supplant, non-federal 
     funds.
     Section 202. Education, prevention, and victims' assistance 
         grants
       Creates a new grant program to assist states, Indian 
     tribes, local governments, and nongovernmental organizations 
     to provide education, prevention, intervention, and victims' 
     assistance services regarding crimes against children. Grants 
     could be used for a variety of purposes, including: (a) 
     hotlines; (b) training of professionals; (c) informational 
     and educational services and materials; (d) intervention 
     services; (e) emergency medical treatment; (f) counseling to 
     child victims and their families; and (g) increasing the 
     number of mental health professionals that specialize in 
     child victims.
       To be eligible for funds, a state must have a Safe Haven 
     program (see section 303).
       Authorizes $25 million for each of the next five years. 
     Federal funds must supplement, not supplant, non-federal 
     funds.


                     TITLE III--NATIONWIDE PROGRAMS

     Section 301. Nationwide AMBER Alert
       Requires each state receiving a law enforcement assistance 
     grant (see section 201) to have in place a state-wide AMBER 
     Alert communications network for child abduction cases.
       This system must be in place within 3 years after the date 
     of enactment of the Violence Against Children Act.
     Section 302. Improved statistical gathering
       Requires each state receiving a law enforcement assistance 
     grant (see section 201) to use, or to be in the process of 
     testing or developing protocols to use, the National 
     Incident-Based Reporting System. (This program provides the 
     most detailed statistical profile of crimes in the United 
     States, including by the age of the victims. However, it is a 
     voluntary program, and less than half the states currently 
     participate.)
     Section 303. National safe haven
       Requires each state receiving a victims' assistance grant 
     (see section 202) to have a Safe Haven program, which permits 
     a parent to leave a newborn baby with a medically-trained 
     employee of a hospital emergency room anonymously without 
     penalty. The state program must have a mechanism to 
     voluntarily collect information about the medical history of 
     the family, must require a search of the child in the state 
     and federal missing person databases, and must include a plan 
     to publicize the state program.
       To ensure that an abused or intentionally harmed newborn is 
     not left at a hospital so a parent can escape responsibility, 
     a state may have a limited exception to the Safe Haven 
     program in those circumstances.
     Section 304. Improved child protection services programs
       Directs each state, within 6 months, to report to the 
     Department of Health and Human Services on its child 
     protective services program, including how the state 
     maintains records, keeps track of the children under its 
     care, and verifies the well-being of the children.
       Directs the General Accounting Office, within 6 months, to 
     review state child protective services practices, including 
     how states keep track of the children under their care, and 
     to report to Congress on any legislative changes needed to 
     improve the program.


                  TITLE IV--CHILD SUPPORT ENFORCEMENT

     Section 401. Child support bad debt deduction
       Expresses the sense of the Senate that Congress should 
     extend the existing federal tax law on bad debt to nonpayment 
     of child support. That is, those who do not receive the child 
     support they are owed should be able to deduct that from 
     their federal income taxes; those who fail to pay ordered

[[Page S7009]]

     child support should be required to add the unpaid amount to 
     their income and pay federal taxes on it.
                                  ____


            Violence Against Children Act Letters of Support


                   national organizations/individuals

       KlaasKids Foundation (Marc Klaas).
       Children's Defense Fund.
       National Children's Alliance.
       American Academy of Child and Adolescent Psychiatry.
       American Humane Association.
       Crimes Against Children Research Center.
       Dr. Laura Schlessinger.


                       California Law Enforcement

       California Police Activities Leagues.
       Auburn Chief of Police.
       Butte County Sheriff-Coroner.
       Chico Chief of Police.
       Colusa County Sheriff-Coroner.
       Fairfield Chief of Police.
       Glenn County Sheriff-Coroner.
       Kern County Sheriff-Coroner.
       Lassen County Sheriff-Coroner.
       Long Beach Chief of Police.
       Los Angeles Chief of Police.
       Manteca Chief of Police.
       Marin County Sheriff.
       Marysville Chief of Police.
       Napa Chief of Police.
       Oxnard Chief of Police.
       Redding Chief of Police.
       Roseville Chief of Police.
       Sacramento Chief of Police.
       Sacramento County Sheriff.
       San Diego Chief of Police.
       San Mateo Chief of Police.
       San Mateo County Sheriff.
       Santa Ana Chief of Police.
       Santa Clara Chief of Police.
       Shasta County Sheriff.
       Stanislaus County Sheriff-Coroner.
       Stockton Chief of Police.
       Woodland Chief of Police.
       Yolo County Sheriff.
       Yuba City Chief of Police.


                         other law enforcement

       Pierce County (WA) Sheriff.


                      california public officials

       Bill Lockyer, California Attorney General.
       Jack O'Connell, California State Superintendent of Public 
     Instruction.
       Steve Westly, California State Controller.
       John L. Burton, President Pro Tempore, California State 
     Senate.
       James Hahn, Mayor, Los Angeles.
       Jan Scully, Sacramento County District Attorney.
       Chula Vista City Council (Stephen C. Padilla, Mayor).
       Santa Rosa City Council (Sharon Wright Mayor).
       Ed Henderson, Mayor, Napa.
       Steve Cooley, Los Angeles County District Attorney.
       Pete Knoll, Siskiyou County District Attorney.
       Claire Mack, Mayor, San Mateo.
       Karin MacMillan, Mayor, Fairfield.
       John A. Russo, Oakland City Attorney.
       Alan D. Bersin, San Diego Superintendent of Public 
     Instruction.
       City of Santa Clara (Patricia M. Mahan, Mayor).


                        california organizations

       Family Violence Law Center (Oakland).
       Children's Interview Center (San Pablo).
       Child Abuse Prevention Council of Sacramento.
       Latino Coalition for a Healthy California.
       Healthy Children's Collaborative (Stockton).
       Sacramento Pediatric Society.
       Sacramento County Children's Coalition.
       Didi Hirsch Community Mental Health Center (Culver City).
       Prevent Child Abuse--California.
       Fresno Council on Child Abuse Prevention.
       Rancho Cordova Neighborhood Center.
       The Mutual Assistance Network of Del Paso Heights.
       FamiliesFirst (Davis).
       La Familia Counseling Center (Sacramento).
       Orange County Child Advocacy Center.
       Shasta County Child Abuse Prevention Coordinating Council.
       Bienvenidos Family Services (Los Angeles).
       Break the Cycle (Los Angeles).
       SHEILDS For Families (Los Angeles).
       South Central Prevention Coalition (Los Angeles).
       Violence Prevention Coalition of Greater Los Angeles.
       Prototypes (Culver City).
       Five Acres Boys' and Girls' Aid Society of Los Angeles.
       Heart of Los Angeles Youth.
       Jewish Family Service of Los Angeles.
       Marjaree Mason Center (Fresno).
       Phoenix Houses of California.
       Boys & Girls Club of San Fernando Valley.
       Community Violence Solutions.
       California Coalition for Youth.
       The Jeffrey Foundation (Los Angeles).
       The Center for the Advancement of Nonviolence (Los 
     Angeles).
       The Community Clinic Association of Los Angeles County.
       A Place Called Home (Los Angeles).
       LA's Best.
       Prevent Child Abuse, Tuolumne County.
       Child Advocacy Center, San Joaquin County.
       Multi-Disciplinary Interview Center, Placer County District 
     Attorney's Office.
       YMCA Youth and Family Services, San Diego.
       Advokids (Core Madera).
       Northridge Hospital Medical Center.
       Holmes & Holmes Attorneys at Law (Glendale).
       San Fernando Valley Interfaith Council.
       Chicano Youth Center (Fresno).
       LA Family Housing.
       Child Abuse Listening & Mediation (Santa Barbara).
       Department of Children and Family Services, Alameda County.


                          other organizations

       Children's Advocacy Center of Delaware.
       Friends of the Children's Justice Center of West Hawaii.
       Friends of the Children's Justice Center of East Hawaii.
       Caring House (Iron Mountain, MI).
       Garrett County Family Violence Coalition (Oakland, MD).
       Dove Center (Oakland, MD).
       Logan County Children's Services (Bellefontaine, OH).
       CornerHouse (Minneapolis, MN).
       Children's Advocacy Center (Pittsburgh, KS).
       Prevent Child Abuse Illinois.
       Children's Advocacy Center (Chicago).
                                  ____

  Mr. BIDEN. Mr. President, I rise today to help introduce a bill with 
my good friend from California that will bring new and needed tools to 
the battle to end violence against children in America, whether it 
takes place inside the home or out on the street. Today, Senator Boxer 
and I are introducing the Violence Against Children Act, VACA, which 
provides a comprehensive approach to prevent crimes against children, 
treat child victims, and prosecute those who harm our Nation's 
children.
  In 1994, this body passed a piece of legislation that I authored, the 
Violence Against Women Act. When we passed this landmark legislation, 
we said as a Congress, and as a Nation as a whole, that domestic 
violence is not a family problem to be dealt with quietly behind the 
scenes, but a national crisis in need of a coordinated response from 
law enforcement, the courts and the medical community. Backed by almost 
one and half billion dollars of Federal funds, the Violence Against 
Women Act spurred a sea change on the Federal, State and local levels 
in how police, prosecutors, judges, medical personnel and others, 
process and handle cases of domestic abuse, sexual assault and 
stalking. Most importantly, the Violence Against Women Act also made it 
clear that victims of domestic violence and sexual assault were, in 
fact, victims: Victims who deserved the full extend of this Nation's 
medical and legal resources. The Violence Against Children Act, offered 
by Senator Boxer and myself today, is designed to bring this same type 
of concentered focus and coordinated response to end all child abuse, 
the most heinous and incomprehensible form of violence against the most 
vulnerable people in our lives.
  Last year in my state of Delaware there were 1,073 substantiated 
cases of child abuse and neglect--46 percent were cases of neglect, 31 
percent were cases of abuse and 12 percent were cases of sexual abuse. 
Nationally, 3.9 million of the nation's 22.3 million children between 
the ages of 12 and 17 have been seriously physically assaulted. One in 
three girls and one in five boys are sexually abused before the age of 
18. One study recently reported that in 2000, the homicide rate for 
U.S. infants is almost equal to the murder rate of teens. As stunning 
as these numbers are, we should be aware that these numbers are not the 
totals. Like incidents of domestic violence, we know that violence 
against children is under-reported. We also know that violence against 
kids cuts across all lines--it happens to children of doctors and 
lawyers, not just to poor children. We must do more to protect our 
children, and with the Violence Against Children Act we can.
  Designed to be a comprehensive measure, the Violence Against Children 
Act will fight the battle against child abuse on a number of fronts: by 
providing states with new resources, law enforcement with additional 
tools and families with more places to turn to for help. What 
specifically the legislation do? The Violence Against Children Act has 
three major provisions; 1. it deters crime by toughening Federal 
criminal penalties for crimes against children; 2. it requires the 
Federal Government to provide investigative, forensic and prosecutorial 
assistance to states working on cases of violent crimes against 
children; and 3. it authorizes two new grant programs--one

[[Page S7010]]

aimed at providing more resources to state and local law enforcement 
for training, creating new courts and enforcement units focused solely 
on child crimes, and a second grant program for local governments and 
nonprofit organizations to provide emergency medical treatment and 
counseling for child victims, to increase the number of mental health 
professionals who specialize in child victims, and to establish child 
abuse and crime prevention programs.

  The Violence Against Children Act also encourages State and 
localities to take affirmative steps to fight crimes against children 
by conditioning receipt of grant monies on three points: 1. creating a 
statewide Amber Alert system to alert the public immediately after a 
child abduction has been discovered; 2. creating Safe Haven programs 
which allow parents to leave newborn babies for whom they cannot care 
in hospital emergency room anonymously and without fear of penalty; and 
3. improving data gathering so that police, treatment providers and 
policy makers get a clearer view of the circumstances surrounding child 
crimes. We need to stop nibbling around the edges with piecemeal 
legislation that tackles just one aspect of child abuse or child 
exploitation. The Violence Against Children Act takes into account the 
larger landscape and provides wide-reaching tools and resources. I feel 
certain that once my colleagues become aware of this effort, this bill 
will gather broad and bipartisan support.
  Recently the Nation was stunned and relieved at the return of 
Elizabeth Smart to her parents Ed and Lois. As a father and grandfather 
my heart went out to them. I don't want to read about these types of 
cases anymore. My State of Delaware has an Amber Alert system in place. 
Delaware has a Safe Haven law. Not every State has these critical tools 
at their disposal. Senator Boxer and I are introducing the Violence 
Against Children Act for a reason. We must do everything that we can to 
prevent crimes against children and, if God forbid they do occur, we 
must do everything we can to treat the victims and their families and 
prosecute their perpetrators to the fullest extent of the law. As one 
child advocates succinctly said, ``a civilized society says children 
matter.'' The Violence Against Children Act says loud and clear, kids 
matter.
                                 ______