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