I 
107TH CONGRESS 
2D SESSION 
H. R. 5397
To protect our children from violence. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 18, 2002
Mr. FOLEY (for himself, Mr. LAMPSON, and Mr. REGULA) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committees on Transportation and Infrastructure, and 
Education and the Workforce, 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 protect our children from violence.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Our Chil-
dren From Violence Act of 2002’’. 
SEC. 2. ASSAULT AND MAIMING. 
(a) IN GENERAL.—Chapter 7 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 117. Assault against a child 
‘‘(a) Whoever, in a circumstance described in sub-
section (c) commits an assault upon, or maims, an indi-
vidual who has not attained the age of 18 years shall be 
punished as provided in subsection (b). 
‘‘(b) The punishment for an offense under subsection 
(a) is as follows: 
‘‘(A) Assault with the intent to commit murder 
of a child, by imprisonment not more than 35 years. 
‘‘(B) Assault that consists of conduct that 
would be an offense under section 114 if the conduct 
occurred in the special maritime and territorial juris-
diction of the United States, by a fine under this 
title or imprisonment for not more than 30 years, or 
both. 
‘‘(C) Assault with intent to commit any felony 
against a child, except murder or a felony under 
chapter 109A, by a fine under this title or imprison-
ment for not more than 15 years, or both. 
‘‘(D) Assault with a dangerous weapon against 
a child, with intent to do bodily harm, and without 
just cause or excuse, by a fine under this title or im-
prisonment for not more than 15 years, or both. 
‘‘(E) Assault by striking, beating, or wounding 
a child, by a fine under this title or imprisonment 
of not more than 2 years, or both.
‘‘(F) Simple assault against a child, by a fine 
under this title or imprisonment for not more than 
6 months, or both, or if the perpetrator of the as-
sault is an individual who has not attained the age 
of 16 years, by fine under this title or imprisonment 
of not more than 1 year, or both. 
‘‘(G) Assault resulting in serious bodily injury 
of a child, by a fine under this title or imprisonment 
for not more than 15, or both. 
‘‘(c) The circumstances referred to in subsection (a) 
are any of the following: 
‘‘(1) The conduct constituting the offense oc-
curs within the special maritime and territorial juris-
diction of the United States, or in interstate or for-
eign commerce. 
‘‘(2) The person engaging in the conduct consti-
tuting the offense—
‘‘(A) travels in interstate or foreign com-
merce with the intent to commit the offense; 
‘‘(B) transports a child in interstate or for-
eign commerce; or 
‘‘(C) crosses a State line, with the intent 
to commit the offense.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 7 of title 18, United States
Code, is amended by adding at the end the following new 
item:
‘‘117. Assault against a child.’’.
SEC. 3. KIDNAPPING. 
(a) CUSTODIAL KIDNAPPING.—Section 1201 of title 
18, United States Code, is amended by adding at the end 
the following new subsection: 
‘‘(i) Whoever, being a parent of a minor, unlawfully 
seizes, confines, inveigles, decoys, kidnaps, abducts, or car-
ries away and holds for ransom or reward or otherwise, 
that minor, shall be fined under this title or imprisoned 
not more than one year, or both, but in the case of a sec-
ond or subsequent offense shall be fined under this title 
or imprisoned not more than 10 years, or both.’’. 
(b) ADDITIONAL BASES FOR FEDERAL PROSECU-
TION.—Section 1201(a) of title 18, United States Code, 
is amended—
(1) by striking ‘‘or’’ at the end of paragraph 
(4); 
(2) by inserting ‘‘or’’ at the end of paragraph 
(5); and 
(3) by inserting after pargraph (5) the fol-
lowing: 
‘‘(6) the defendant travelled in interstate or for-
eign commerce with the intent to commit the of-
fense;’’.
SEC. 4. MURDER. 
(a) IN GENERAL.—Chapter 51 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 1123. Murder of children 
‘‘(a) Whoever, in a circumstance described in sub-
section (c), kills or attempts to kill an individual who has 
not attained the age of 18 years shall be punished as pro-
vided in subsection (b). 
‘‘(b) The punishment for an offense under subsection 
(a) is as follows: 
‘‘(1) If the killing is murder, the punishment 
provided for murder in section 1111. 
‘‘(2) If the killing is voluntary manslaughter, a 
fine under this title or imprisonment not more than 
20 years, or both.
‘‘(3) If the killing is involuntary manslaughter, 
a fine under this title or imprisonment not more 
than 12 years, or both. 
‘‘(4) If the offense consists of an attempted 
murder or manslaughter, a fine under this title or 
imprisonment not more than 10 years, or both. 
‘‘(c) The circumstances referred to in subsection (a) 
are any of the following:
‘‘(1) The offense occurs in the special maritime 
and territorial jurisdiction of the United States or in 
interstate or foreign commerce. 
‘‘(2) The defendant travels in interstate or for-
eign commerce with intent to commit the offense. 
‘‘(3) The child is transported in interstate or 
foreign commerce in connection with the offense.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 51 of title 18, United States 
Code, is amended by adding at the end the following new 
item:
‘‘1123. Murder of children.’’.
SEC. 5. CIVIL ACTION. 
A victim of an offense under section 117, 1201(i), 
1123, 2241(c), or 2243(a) of title 18, United States Code, 
or a parent on behalf of that victim, may in a civil action 
against the offender, obtain appropriate relief, including 
actual and punitive damages, and a reasonable attorney’s 
fee as part of the costs. 
SEC. 6. STATE AND LOCAL NOTIFICATION IN CHILD POR-
NOGRAPHY CASES. 
Section 227(b)(1) of Public Law 101–647 (42 U.S.C. 
13032(b)(1)) is amended by adding at the end the fol-
lowing: ‘‘The Center may also forward that report to any 
State or local law enforcement agency the Center deter-
mines appropriate.’’.
SEC. 7. AMBER ALERT COORDINATION. 
(a) COORDINATOR.—The Attorney General shall es-
tablish an AMBER Alert Coordinator position (referred 
to in this section as ‘‘the Coordinator’’). The Coordinator 
shall—
(1) establish, with the assistance of the Na-
tional Center for Missing and Exploited Children 
and the Federal Communications Commission, 
guidelines for implementing a statewide Amber Alert 
plan not later than 60 days after the date of enact-
ment of this Act; 
(2) provide technical assistance to the States, 
broadcasters, and law enforcement agencies in im-
plementing AMBER Alert plans; 
(3) certify, not later than 90 days after a cer-
tification request is received, to the Secretary of 
Transportation any State that—
(A) has established or agrees to establish 
a statewide AMBER Alert plan not later than 
1 year after receiving a grant under section 3; 
(B) agrees to establish a reciprocal ar-
rangement with other States, including sharing 
of information regarding the initiation of an 
AMBER Alert; and 
(C) is in compliance with the guidelines es-
tablished pursuant to paragraph (1);
(4) deny certification, not later than 90 days 
after a certification request is received and provide 
notification of such denial to the Secretary of Trans-
portation, to any State that fails to comply with the 
certification requirements described in paragraph 
(3); 
(5) monitor compliance and revoke certification 
of any State that fails to establish an AMBER Alert 
plan in accordance with the 1-year period referred to 
in paragraph (3)(A) and provide notification of such 
revocation to the State and the Secretary of Trans-
portation; 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$500,000 for fiscal year 2003 and such sums as may be 
necessary for fiscal years 2004 through 2007. Such sums 
shall remain available until expended. 
SEC. 8. GRANT PROGRAM. 
(a) FINDINGS.—The Congress finds and declares 
that—
(1) every year over 725,000 children are re-
ported missing to local, State, and Federal authori-
ties—that is over 2,000 per day;
(2) in 2002 there have been countless reports of 
children being abducted either form their homes or 
in front of their homes and then later killed; 
(3) one of the fundamental purposes of govern-
ment is to protect its people—especially its children; 
and 
(4) it is in the best interest of our Nation to 
ensure that law enforcement officials and prosecu-
tors have the tools they need in order to ensure the 
safety of our children. 
(b) IN GENERAL.—The Secretary of Transportation 
shall make grants to States to develop, acquire, install, 
and construct facilities and equipment along highways to 
notify the public of missing children (including a descrip-
tion of such children), information regarding any abductor 
of such children, and other relevant information. 
(c) APPLICATION.—In order to be eligible to receive 
a grant under this section, a State shall—
(1) adhere to the requirements of this section; 
(2) apply to the Coordinator appointed under 
section 2 for certification—
(A) in 2003, not later than March 1; and 
(B) in subsequent years, not later than 
January 1 of the year in which the State ex-
pects to receive funds; and
(3) include a projection of costs to implement 
subsection (a). 
(d) FEDERAL SHARE.—The Federal share of the cost 
of a project for which a grant is made to a State under 
this section in a fiscal year shall not exceed 50 percent. 
(e) APPORTIONMENT OF FUNDS.—Amounts appro-
priated to carry out this section shall be apportioned in 
equal shares to each State that meets the requirements 
of this Act. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$99,500,000 for fiscal year 2003 and such sums as may 
be necessary for each of fiscal years 2004 through 2007. 
Such sums shall remain available until expended. 
SEC. 9. DEFINITIONS. 
In sections 9 and 10, the following definitions apply: 
(1) AMBER
ALERT.—The term ‘‘AMBER 
Alert’’ (America’s Missing: Broadcast Emergency 
Response Alert) means a voluntary partnership be-
tween law enforcement agencies and broadcasters to 
activate an urgent bulletin in serious child abduction 
cases. Broadcasters use the Emergency Alert System 
(EAS), formerly referred to as the Emergency 
Broadcast System, to air a description of the miss-