I 

108TH CONGRESS 

1ST SESSION H. R. 2539

To provide enhanced Federal enforcement and assistance in preventing and 

prosecuting crimes of violence against children. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Violence Against Chil5 dren Act of 2003’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 
2

•HR 2539 IH 

1 (1) People under the age of 18 make up ap2 proximately 12 percent of all crime victims known to 

3 police, including 71 percent of all sex crime victims 

4 and 38 percent of all kidnaping victims. 

5 (2) People from the ages of 12 through 17 are 

6 over 2 times more likely to be victims of violent 

7 crime than adults. 

8 (3) It has been estimated that only 28 percent 

9 of crimes against children are actually reported. 

10 (4) Some 1,200 children die as a result of 

11 abuse each year, and approximately 879,000 chil12 dren are victims of abuse. 

13 (5) Child abuse has long-lasting negative effects 

14 upon children and families, including delayed devel15 opment, depression, substance abuse, and increased 

16 likelihood of experiencing or perpetrating domestic 

17 violence as an adult. 

18 (6) Most local agencies lack adequate resources 

19 to protect and serve the needs of children and fami20 lies that are brought to their attention. 

21 (7) Failure to pay child support is in itself a 

22 form of neglect, as children who do not receive fi23 nancial support are more likely to live in poverty, 

24 and are therefore more likely to suffer from inad-
3

•HR 2539 IH 

1 equate education, a lack of quality health care, and 

2 a lack of affordable housing. 

3 TITLE I—ENHANCED FEDERAL 

4 ROLE IN CRIMES AGAINST 

5 CHILDREN 

6 SEC. 101. ENHANCED PENALTIES. 

7 (a) IN GENERAL.—Chapter 110 of title 18, United 

8 States Code, is amended by inserting at the end the fol9 lowing: 

10 ‘‘§ 2260A. Violence against children 

11 ‘‘(a) IN GENERAL.—Whoever, whether or not acting 

12 under color of law, in any circumstance described in sub13 section (b), by force or threat of force willfully injures or 

14 attempts to injure any person under 18 years of age—

15 ‘‘(1) shall be imprisoned for not more than 10 

16 years and fined in accordance with this title; and 

17 ‘‘(2) shall be imprisoned for any term of years 

18 or for life, and fined in accordance with this title 

19 if—

20 ‘‘(A) death results from the offense; or 

21 ‘‘(B) the offense includes kidnaping or an 

22 attempt to kidnap, aggravated sexual abuse or 

23 an attempt to commit aggravated sexual abuse, 

24 or an attempt to kill. 
4

•HR 2539 IH 

1 ‘‘(b) CIRCUMSTANCES.—For purposes of subsection 

2 (a), the circumstances described in this subsection are 

3 that—

4 ‘‘(1) the conduct described in subsection (a) oc5 curs during the course of, or as the result of, the 

6 travel of the defendant or the victim—

7 ‘‘(A) across a State line or national border; 

8 or 

9 ‘‘(B) using a channel, facility, or instru10 mentality of interstate or foreign commerce; or 

11 ‘‘(2) in connection with the conduct described in 

12 subsection (a), the defendant employs a firearm, ex13 plosive or incendiary device, or other weapon that 

14 has traveled in interstate or foreign commerce. 

15 ‘‘(c) PENALTIES.—An offense under this section shall 

16 also be subject to the penalties provided in section 1111 

17 of this title (as amended by the PROTECT Act) if the 

18 offense is also an offense under that section.’’. 

19 (b) AMENDMENT TO CHAPTER ANALYSIS.—The 

20 chapter analysis for chapter 110 of title 18, United States 

21 Code, is amended by inserting at the end the following:

‘‘2260A. Violence against children.’’.

22 (c) ENHANCED PENALTIES FOR EXISTING CRIMES

23 WHEN COMMITTED AGAINST CHILDREN.—Pursuant to 

24 its authority under section 994(p) of title 28, United 

25 States Code, and in accordance with this Act and its pur-
5

•HR 2539 IH 

1 poses, the United States Sentencing Commission shall re2 view and amend its guidelines and its policy statements 

3 to provide enhanced penalties when the victim of a Federal 

4 crime is under the age of 18. 

5 (d) GAO REVIEW OF STATE LAWS.—Not later than 

6 6 months after the date of enactment of this Act, the 

7 Comptroller General of the United States shall—

8 (1) review the statutory penalties for crimes 

9 against children under State laws and the sentencing 

10 practices of the States with respect to those crimes, 

11 including whether a State provides enhanced pen12 alties when the victim of the crime is a child; and 

13 (2) report the findings of the review to Con14 gress. 

15 SEC. 102. ENHANCED ASSISTANCE FOR CRIMINAL INVES16 TIGATIONS AND PROSECUTIONS BY STATE 

17 AND LOCAL LAW ENFORCEMENT OFFICIALS. 

18 (a) IN GENERAL.—At the request of a State, Indian 

19 tribal government, or unit of local government, the Attor20 ney General shall provide technical, forensic, prosecutorial, 

21 or any other form of assistance in the criminal investiga22 tion or prosecution of any crime that—

23 (1) constitutes a crime of violence (as defined 

24 in section 16 of title 18, United States Code); 
6

•HR 2539 IH 

1 (2) constitutes a felony under the laws of the 

2 State or Indian tribe; and 

3 (3) is committed against a person under 18 

4 years of age. 

5 (b) PRIORITY.—If the Attorney General determines 

6 that there are insufficient resources to fulfill requests 

7 made pursuant to subsection (a), the Attorney General 

8 shall give priority to requests for assistance to—

9 (1) crimes committed by, or believed to be com10 mitted by, offenders who have committed crimes in 

11 more than 1 State; and 

12 (2) rural jurisdictions that have difficulty cov13 ering the extraordinary expenses relating to the in14 vestigation or prosecution of the crime. 

15 TITLE II—GRANT PROGRAMS 

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

17 ENFORCEMENT. 

18 (a) IN GENERAL.—The Attorney General shall award 

19 grants to assist States, Indian tribal governments, and 

20 units of local government to develop and strengthen effec21 tive law enforcement and prosecution of crimes against 

22 children. 

23 (b) PURPOSES.—Grants provided under this section 

24 shall provide personnel, training, technical assistance, 

25 data collection, and other equipment for the more wide-
7

•HR 2539 IH 

1 spread apprehension, prosecution, and adjudication of per2 sons committing crimes against children, and specifically, 

3 for the purposes of—

4 (1) training law enforcement officers, prosecu5 tors, judges, and other court personnel to more ef6 fectively identify and respond to crimes against chil7 dren; 

8 (2) developing, training, or expanding units of 

9 law enforcement officers, prosecutors, or courts spe10 cifically targeting crimes against children; 

11 (3) developing and implementing more effective 

12 police and prosecution policies, protocols, orders, and 

13 services specifically devoted to preventing, identi14 fying, and responding to crimes against children; 

15 (4) developing, installing, or expanding data 

16 collection and communication systems, including 

17 computerized systems, linking police, prosecutors, 

18 and courts for the purpose of identifying and track19 ing arrests, prosecutions, and convictions for crimes 

20 against children; 

21 (5) encouraging, developing, and strengthening 

22 programs, procedures, and policies that enhance 

23 cross-collaboration and cross-communication between 

24 law enforcement and child services agencies regard-
8

•HR 2539 IH 

1 ing the care, treatment, and services for child vic2 tims; and 

3 (6) developing, enlarging, or strengthening pro4 grams addressing the needs and circumstances of 

5 Indian tribes in dealing with crimes against children. 

6 (c) APPLICATION.—

7 (1) IN GENERAL.—Each State, Indian tribal 

8 government, or unit of local government that desires 

9 a grant under this section shall submit an applica10 tion to the Attorney General at such time, in such 

11 manner, and accompanied by or containing such in12 formation as the Attorney General shall reasonably 

13 require. 

14 (2) REQUIREMENTS.—A State, Indian tribal 

15 government, or unit of local government applying for 

16 a grant under this section shall—

17 (A) describe—

18 (i) the purposes for which the grant is 

19 needed; 

20 (ii) the intended use of the grant 

21 funds; and 

22 (iii) the expected results from the use 

23 of grant funds; 

24 (B) demonstrate that, in developing a plan 

25 to implement the grant, the State, Indian tribal 
9

•HR 2539 IH 

1 government, or unit of local government has 

2 consulted and coordinated with nonprofit, non3 governmental victim services programs that 

4 have experience in providing services to victims 

5 of crimes against children; and 

6 (C) certify that—

7 (i) any Federal funds received under 

8 this section will be used to supplement, not 

9 supplant, non-Federal funds that would 

10 otherwise be available for activities funded 

11 under this section; and 

12 (ii) the State, the Indian tribal gov13 ernment, or the State in which the unit of 

14 local government is located is in compli15 ance with sections 301 and 302. 

16 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to carry out this section 

18 $25,000,000 for each of the fiscal years 2004 through 

19 2008. 

20 SEC. 202. EDUCATION, PREVENTION, AND VICTIMS’ ASSIST21 ANCE GRANTS. 

22 (a) IN GENERAL.—The Attorney General shall award 

23 grants to assist States, Indian tribal governments, units 

24 of local government, and nongovernmental organizations 
10

•HR 2539 IH 

1 to provide education, prevention, intervention, and victims’ 

2 assistance services regarding crimes against children. 

3 (b) PURPOSES.—Grants provided under this section 

4 shall be used to provide education, prevention, and inter5 vention services to prevent crimes against children and to 

6 provide assistance to children, and the families of children, 

7 who are victims of crime, including—

8 (1) educational seminars; 

9 (2) the operation of hotlines; 

10 (3) training programs for professionals; 

11 (4) the preparation of informational materials; 

12 (5) intervention services to prevent crimes 

13 against children; 

14 (6) other efforts to increase awareness of the 

15 facts about, or to help prevent, crimes against chil16 dren, including efforts to increase awareness in un17 derserved racial, ethnic, and language minority com18 munities; 

19 (7) emergency medical treatment for victims; 

20 (8) counseling to victims of crimes against chil21 dren and their families; and 

22 (9) increasing the supply of mental health pro23 fessionals specializing in the mental health of victims 

24 of crimes against children. 

25 (c) APPLICATION.—
11

•HR 2539 IH 

1 (1) IN GENERAL.—Each State, Indian tribal 

2 government, unit of local government, or nongovern3 mental organization that desires a grant under this 

4 section shall submit an application to the Attorney 

5 General at such time, in such manner, and accom6 panied by or containing such information as the At7 torney General shall reasonably require. 

8 (2) REQUIREMENTS.—A State, Indian tribal 

9 government, unit of local government, or nongovern10 mental organization applying for a grant under this 

11 section shall—

12 (A) describe—

13 (i) the purposes for which the grant is 

14 needed; 

15 (ii) the intended use of the grant 

16 funds; and 

17 (iii) the expected results from the use 

18 of grant funds; 

19 (B) demonstrate that, in developing a plan 

20 to implement the grant—

21 (i) in the case of a State, Indian tribal 

22 government, or unit of local government, 

23 that the State, Indian tribal government, 

24 or unit of local government has consulted 

25 and coordinated with nonprofit, nongovern-
12

•HR 2539 IH 

1 mental victim services programs that have 

2 experience in providing services to victims 

3 of crimes against children; and 

4 (ii) in the case of a nongovernmental 

5 organization, that the nongovernmental or6 ganization has experience in providing edu7 cation, prevention, or intervention services 

8 regarding crimes against children or has 

9 experience in providing services to victims 

10 of crimes against children; and 

11 (C) certify that—

12 (i) any Federal funds received under 

13 this section will be used to supplement, not 

14 supplant, non-Federal funds that would 

15 otherwise be available for activities funded 

16 under this section, provided that the Attor17 ney General may waive such requirement 

18 for nongovernmental organizations in ex19 traordinary circumstances; and 

20 (ii) the State, the Indian tribal gov21 ernment, the State in which the unit of 

22 local government is located, or the State in 

23 which the nongovernmental organization 

24 will operate the activities funded under this 
13

•HR 2539 IH 

1 section is located, is in compliance with 

2 section 303. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $25,000,000 for each of the fiscal years 2004 through 

6 2008. 

7 TITLE III—NATIONWIDE 

8 PROGRAMS 

9 SEC. 301. NATIONWIDE AMBER ALERT. 

10 Not later than 3 years after the date of enactment 

11 of this Act, each State receiving grants pursuant to section 

12 201 shall have in place a statewide AMBER Alert commu13 nications network for child abduction cases. 

14 SEC. 302. IMPROVED STATISTICAL GATHERING. 

15 Each State receiving grants pursuant to section 201 

16 shall use, or shall be in the process of testing or developing 

17 protocols to use, the National Incident-Based Reporting 

18 System. 

19 SEC. 303. NATIONAL SAFE HAVEN. 

20 (a) IN GENERAL.—Not later than 3 years after the 

21 date of enactment of this Act, each State receiving grants 

22 pursuant to section 202 shall have in effect a statute 

23 that—

24 (1) permits a parent to leave a newborn baby 

25 with a medically-trained employee of a hospital 
14

•HR 2539 IH 

1 emergency room anonymously without any criminal 

2 or other penalty; 

3 (2) includes a mechanism to encourage and per4 mit a hospital employee in the receiving hospital to 

5 collect information about the medical history of the 

6 family subject to the approval of the parent; 

7 (3) requires law enforcement entities in the 

8 State, immediately after relinquishment of a child 

9 under paragraph (1), to search State and Federal 

10 missing person databases to ensure that the child 

11 has not been reported missing; and 

12 (4) includes a plan for publicizing the State’s 

13 Safe Haven law. 

14 (b) EXCEPTION.—Notwithstanding subsection (a)(1), 

15 a State statute in effect pursuant to this section may deny 

16 a parent the ability to leave a newborn baby anonymously 

17 without any criminal or other penalty if the newborn baby 

18 shows signs of abuse or appears to have been intentionally 

19 harmed. 

20 SEC. 304. IMPROVED CHILD PROTECTION SERVICES PRO21 GRAMS. 

22 (a) REPORT BY STATES.—Not later than 180 days 

23 after the date of enactment of this Act, each State receiv24 ing an allotment for child welfare services under subpart 

25 1 of part B of title IV of the Social Security Act (42 
15

•HR 2539 IH 

1 U.S.C. 620 et seq.) shall submit to the Secretary of Health 

2 and Human Services a report detailing the State’s pro3 gram funded under that subpart, including the process for 

4 maintaining records and verifying the well-being of the 

5 children under the State’s care. 

6 (b) GAO STUDY.—Not later than 180 days after the 

7 date of enactment of this Act, the General Accounting Of8 fice shall report to Congress on State practices and poli9 cies under the child welfare program funded under subpart 

10 1 of part B of title IV of the Social Security Act (42 

11 U.S.C. 620 et seq.). The report shall include the following: 

12 (1) How States are maintaining records and 

13 verifying the well-being of the children under their 

14 care, including how well States are keeping track of 

15 where those children are. 

16 (2) Whether and how the review system being 

17 undertaken by the Secretary of Health and Human 

18 Services is helping States to reform their child wel19 fare system. 

20 (3) The best practices being implemented by 

21 the States. 

22 (4) Recommendations for legislative changes by 

23 Congress. 
16

•HR 2539 IH 

1 TITLE IV—CHILD SUPPORT 

2 ENFORCEMENT 

3 SEC. 401. SENSE OF THE SENATE ON TAX TREATMENT OF 

4 CHILD SUPPORT. 

5 It is the sense of the Senate that Congress should 

6 pass legislation to extend the current Federal tax treat7 ment on bad debt to nonpayment of child support by—

8 (1) allowing those that do not receive the child 

9 support they are owed to deduct that amount from 

10 their Federal income taxes; and 

11 (2) requiring those who fail to pay child sup12 port to add the unpaid amount to their income for 

13 Federal tax purposes.

Æ