Home > 106th Congressional Bills > S. 1124 (is) To amend the Internal Revenue Code of 1986 to eliminate the 2-percent floor on miscellaneous itemized deductions for qualified professional development expenses of elementary and secondary school teachers. [Introduced in Senate] ...

S. 1124 (is) To amend the Internal Revenue Code of 1986 to eliminate the 2-percent floor on miscellaneous itemized deductions for qualified professional development expenses of elementary and secondary school teachers. [Introduced in Senate] ...


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108th CONGRESS
  1st Session
                                S. 1123

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2003

 Mrs. Boxer (for herself and Mr. Biden) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


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

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

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 

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