article: 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. ``(c) Penalties.--An offense under this section shall also be subject to the penalties provided in section 1111 of this title (as amended by the PROTECT Act) if the offense is also an offense under that section.''. (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. 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; (3) requires law enforcement entities in the State, immediately after relinquishment of a child under paragraph (1), to search State and Federal missing person databases to ensure that the child has not been reported missing; and (4) 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.
summary: Violence Against Children Act of 2003 - Amends the Federal criminal code to prescribe penalties to be imposed for injuring or attempting to injure a person under 18 years of age (including life imprisonment if death results or if the offense includes kidnaping, aggravated sexual abuse, or attempting to kill) under circumstances in which: (1) the conduct occurs during the course of, or as a result of, the travel of the defendant or victim across a State line or national border; or (2) in connection with such conduct, the defendant employs a weapon that has traveled in interstate or foreign commerce. Directs the: (1) United States Sentencing Commission to review and amend its guidelines to provide enhanced penalties when the victim of a Federal crime is under 18; and (2) the Comptroller General to review State penalties and sentencing guidelines for crimes against children.Requires the Attorney General: (1) at the request of a State, Indian tribal government, or local government, to provide assistance in the criminal investigation or prosecution of any felony crime of violence against a child; and (2) to award grants to develop and strengthen effective law enforcement and prosecution of crimes against children and to provide education, prevention, intervention, and victims' assistance services regarding crimes against children.Requires each State receiving: (1) law enforcement grants under this Act to have in place a statewide AMBER Alert communications network for child abduction cases and to use the National Incident-Based Reporting System; (2) education, prevention, and victims' assistance grants to have in effect a statute allowing a parent to leave a newborn baby at a hospital anonymously; and (3) certain allotments for child welfare allotments to submit to the Secretary of Health and Human Services a report on the State's funded program, including the process for maintaining records and verifying the well-being of the children under the State's care.