39–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 113–286 

KILAH DAVENPORT CHILD PROTECTION ACT OF 2013 

DECEMBER 9, 2013.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. GOODLATTE, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 3627] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 3627) to require the Attorney General to report on State law 

penalties for certain child abusers, and for other purposes, having 

considered the same, report favorably thereon without amendment 

and recommend that the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2 

Background and Need for the Legislation ............................................................. 2 

Hearings ................................................................................................................... 3 

Committee Consideration ........................................................................................ 3 

Committee Votes ...................................................................................................... 3 

Committee Oversight Findings ............................................................................... 3 

New Budget Authority and Tax Expenditures ...................................................... 3 

Congressional Budget Office Cost Estimate .......................................................... 3 

Duplication of Federal Programs ............................................................................ 4 

Disclosure of Directed Rule Makings ..................................................................... 5 

Performance Goals and Objectives ......................................................................... 5 

Advisory on Earmarks ............................................................................................. 5 

Section-by-Section Analysis .................................................................................... 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 5 

Dissenting Views ..................................................................................................... 6 


emcdonald on DSK67QTVN1PROD with HEARING
1 Child Abuse: Statistics and Facts, SAFEHORIZON, http://www.safehorizon.org/index/what-wedo-2/child-abuse—incest-55/child-abuse-statistics—facts-304.html. 2 Id. 

3Theodore P. Cross, Wendy A. Walsh, Monique Simone & Lisa M. Jones, Prosecution of Child 

Abuse: A Meta-Analysis of Rates of Criminal Justice Decisions, 4 TRAUMA, VIOLENCE & ABUSE

323, 336 (discussing charges for child abuse versus other crimes). 4 Child Maltreatment in Indian Country, NATIVE AMERICAN CHILDREN’S ALLIANCE, http:// 

www.nativechildalliance.org/FactlSheet.pdf . 

Purpose and Summary 

H.R. 3627, the ‘‘Kilah Davenport Child Protection Act of 2013,’’ 

directs the Justice Department to issue reports regarding the penalties for violations of laws prohibiting child abuse in the 50 states, 

the District of Columbia, and the U.S. territories, including whether they provide enhanced penalties when the victim has suffered 

serious bodily injury, or permanent or protracted loss or impairment of any mental or emotional function. The bill also makes a 

technical change to 18 U.S.C. § 117 to allow prior convictions for 

the abuse of a child to trigger the Federal offense of domestic assault by an habitual offender in areas of the country where the 

Federal Government has increased responsibility—i.e., in Indian 

country, and the special maritime and territorial jurisdiction. 

Background and Need for the Legislation 

The Kilah Davenport Child Protection Act of 2013 is named after 

a young girl from North Carolina who was brutally beaten by her 

stepfather in May 2012. Kilah, who was three at the time of the 

attack, suffered a coma, a broken collarbone, a fractured skull, 

brain damage, and paralysis. Kilah’s stepfather was charged with 

felony child abuse and faces 44 to 92 months in prison. He is currently being held on a $1 million bond. 

Kilah’s story, however, is not unique. Each year, an approximate 

3.5 million cases of child abuse are reported, involving six million 

children.1 Children under the age of one are most likely to be victimized, and the vast majority of this abuse—an estimated 80 percent—is committed by parents.2 Studies have found that child 

abuse cases are less likely to have charges filed than most other 

felonies, and have lower incarceration rates than other crimes.3

The picture is even worse in Indian country, where Indian children experience child abuse at significantly higher rates than the 

rest of the population. One study estimates that 14 Indian children 

per 1,000 are victims of abuse, as compared to 9 per 1,000 non-Indian children.4

Because the majority of child abuse cases are handled at the 

state level, this bill will help to highlight how these cases are handled across the country by requiring the Justice Department to 

issue a report on the criminal penalties for child abuse in the 50 

states, the District of Columbia, and the U.S. territories. In addition, because there are some parts of the country where the Federal Government has an increased role to play in enforcing justice—such as Indian country and the special maritime and territorial jurisdiction—the Kilah Davenport Protection Act helps to 

strengthen the Federal response to child abuse, and all forms of domestic abuse, by allowing prior convictions for the abuse of a child 

to trigger the Federal offense of domestic assault by an habitual offender. 


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Hearings 

The Committee on the Judiciary held no hearings on H.R. 3627. 

Committee Consideration 

On December 4, 2013, the Committee met in open session and 

ordered the bill H.R. 3627 favorably reported without amendment, 

by voice vote, a quorum being present. 

Committee Votes 

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that there were 

no recorded votes during the Committee’s consideration of H.R. 

3627. 

Committee Oversight Findings 

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

New Budget Authority and Tax Expenditures 

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

Congressional Budget Office Cost Estimate 

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 3627, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, December 9, 2013. 

Hon. BOB GOODLATTE, CHAIRMAN, 

Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3627, the ‘‘Kilah Davenport Child Protection Act of 2013.’’ 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz, who 

can be reached at 226–2860. 

Sincerely, 

DOUGLAS W. ELMENDORF, 

DIRECTOR. 


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Enclosure 

cc: Honorable John Conyers, Jr. 

Ranking Member 

H.R. 3627—Kilah Davenport Child Protection Act of 2013. 

As ordered reported by the House Committee on the Judiciary 

on December 4, 2013. 

CBO estimates that implementing H.R. 3627 would have no significant cost to the Federal Government. Enacting the bill could affect direct spending and revenues; therefore, pay-as-you-go procedures apply. However, CBO estimates that any effects would be insignificant. 

H.R. 3627 would broaden the coverage of current laws that address domestic assaults by certain repeat offenders. As a result, the 

government might be able to pursue cases that it otherwise would 

not be able to prosecute. CBO expects that the bill would apply to 

a relatively small number of offenders, however, so any increase in 

costs for law enforcement, court proceedings, or prison operations 

would not be significant. Any such costs would be subject to the 

availability of appropriated funds. 

Because those prosecuted and convicted under H.R. 3627 could 

be subject to criminal fines, the Federal Government might collect 

additional fines if the legislation is enacted. Criminal fines are recorded as revenues, deposited in the Crime Victims Fund, and later 

spent. CBO expects that any additional revenues and direct spending would not be significant because of the small number of cases 

likely to be affected. 

H.R. 3627 also would require the Department of Justice (DoJ) to 

prepare a report, within 180 days of the bill’s enactment and again 

3 years after enactment, on the penalties for child abuse in States, 

the District of Columbia, and U.S. territories. Based on the costs 

of similar activities currently carried out by DoJ, CBO estimates 

that implementing H.R. 3627 would not have a significant effect on 

spending by the department. 

H.R. 3627 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of State, local, or tribal governments. 

The CBO staff contact for this estimate is Mark Grabowicz. The 

estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

Duplication of Federal Programs 

No provision of H.R. 3627 establishes or reauthorizes a program 

of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 


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Disclosure of Directed Rule Makings 

The Committee estimates that H.R. 3627 specifically directs to be 

completed no specific rule makings within the meaning of 5 U.S.C. 

551. 

Performance Goals and Objectives 

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, H.R. 3627 directs the 

Department of Justice to issue reports on the penalties for violations of laws prohibiting child abuse in the 50 states, the District 

of Columbia, and the U.S. territories, and amends 18 U.S.C. § 117 

to allow prior convictions for assault, acts of sexual abuse, or serious violent felonies against a child of the person or in the person’s 

care to be used as prior convictions that trigger this offense. 

Advisory on Earmarks 

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H.R. 3627 does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(e), 9(f), or 9(g) of Rule XXI. 

Section-by-Section Analysis 

The following discussion describes the bill as reported by the 

Committee. 

Section 1. Short Title. This section cites the short title of the bill 

as the ‘‘Kilah Davenport Child Protection Act of 2013.’’ 

Section 2. Attorney General Report. This section requires the Department of Justice to issue a report within 180 day of enactment, 

and again 3 years thereafter, regarding the penalties for violations 

of laws prohibiting child abuse in the 50 states, the District of Columbia, and the U.S. territories, including whether they provide enhanced penalties when the victim has suffered serious bodily injury, or permanent or protracted loss or impairment of any mental 

or emotional function. 

Section 3. Expansion of Predicate for Increased Penalties for Certain Domestic Assaults. This section amends 18 U.S.C. § 117 (domestic assault by an habitual offender in the special maritime and 

territorial jurisdiction and in Indian country) to allow prior convictions for assault, acts of sexual abuse, or serious violent felonies 

against a child of the person or in the person’s care to be used as 

prior convictions that trigger this offense. 

Changes in Existing Law Made by the Bill, as Reported 

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italics 

and existing law in which no change is proposed is shown in 

roman): 


emcdonald on DSK67QTVN1PROD with HEARING
1 Children’s Bureau, U.S. Department of Health and Human Services, Child Maltreatment 

2011 (2012), available at http://www.acf.hhs.gov/sites/default/files/cb/cm11.pdf. 2 Id.; U.S. Government Accountability Office, Child maltreatment: strengthening national data 

on child fatalities could aid in prevention (GAO–11–599) (2011), available at http://www.gao.gov/ 

new.items/d11599.pdf 

TITLE 18, UNITED STATES CODE 

* * * * * * * 

PART I—CRIMES 

* * * * * * * 

CHAPTER 7—ASSAULT 

* * * * * * * 

§ 117. Domestic assault by an habitual offender 

(a) IN GENERAL.—Any person who commits a domestic assault 

within the special maritime and territorial jurisdiction of the 

United States or Indian country and who has a final conviction on 

at least 2 separate prior occasions in Federal, State, or Indian tribal court proceedings for offenses that would be, if subject to Federal 

jurisdiction— 

(1) any assault, sexual abuse, or serious violent felony 

against a spouse or intimate partner, or against a child of or 

in the care of the person committing the domestic assault; or 

* * * * * * * 

Dissenting Views 

INTRODUCTION

H.R. 3627 would allow prior convictions for assault, acts of sexual abuse, or serious violent felonies against a child of the person 

or in the person’s care to be used to trigger sentences of up to 5 

years or, if substantial bodily injury results, up to 10 years for habitual domestic abuse. The legislation also requires the Department of Justice to periodically report on the penalties for violations 

of laws prohibiting child abuse in the 50 states, the District of Columbia, and the U.S. territories. This bill would only apply the increased penalties to people within the special maritime and territorial jurisdiction of the United States or in Indian country and 

would therefore have a negligible impact on child abuse. For this 

reason, and those stated below, I respectfully dissent. 

DESCRIPTION AND BACKGROUND

Child abuse is a serious and widespread problem. In 2011, approximately 681,000 children were victims of maltreatment, and 

approximately 3.3 million children received preventative services 

from Child Protective Services agencies in the United States.1 Furthermore, four to seven children die every day in America from 

abuse and neglect,2 and more than 78% of reported child fatalities 


emcdonald on DSK67QTVN1PROD with HEARING
3 Children’s Bureau, U.S. Department of Health and Human Services, Child Maltreatment 

2011 (2012), available at http://www.acf.hhs.gov/sites/default/files/cb/cm11.pdf. 4 U.S. Department of Health and Human Services, Long-Term Consequences of Child Abuse 

and Neglect (2013), available at http://www.childwelfare.gov/pubs/factsheets/longlterml 

consequences.cfm. 

as a result of abuse and neglect were caused by one or more of the 

child victim’s parents.3

In addition to harming children directly, child abuse contributes 

to future crime. Children who experience child abuse and neglect 

are about 9 times more likely to become involved in criminal activity.4

H.R. 3627, the ‘‘Kilah Davenport Child Protection Act of 2013,’’ 

was introduced by Rep. Robert Pittenger (R-NC) on December 2, 

2013. No hearings have been held on the bill. As discussed above, 

the bill would allow prior convictions for assault, acts of sexual 

abuse, or serious violent felonies against a child of the offender or 

in the offender’s care to be used to trigger penalties for habitual 

domestic abuse. It also includes a noncontroversial reporting requirement. The provision that increases penalties for habitual offenders is of concern for three reasons. First, the bill will apply to 

so few cases of child abuse that it will have a negligible effect; this 

bill only applies to offenses committed on Federal land and by people with two prior convictions. Second, the Judiciary Committee 

should have held a hearing on this bill to receive testimony about 

whether judges are being too lenient on three-time child abuse offenders on Federal land. Without a hearing, the Committee has not 

established the requisite evidence to demonstrate that this bill is 

the most appropriate means of addressing the problem. Finally, 

Congress should focus its efforts on the prevention of child abuse 

through evidence-based prevention and intervention programs, not 

through the expansion of the Federal criminal law. 

CONCERNS WITH H.R. 3627

I. THE BILL WILL HAVE A NEGLIGIBLE EFFECT ON CHILD ABUSE

The approach of H.R. 3627 is to allow sentences of up to 10 years 

for those convicted for the third time for domestic abuse which, 

with this bill, will include child abuse. However, the bill only applies to those offenses committed in national parks, military bases, 

Indian country, and on other Federal land. That means that of all 

of the cases of child abuse committed nationally, this bill unfortunately reaches only a negligible portion of the cases—those committed on Federal land by people with two prior offenses. 

Moreover, by increasing the penalties for third offenses, this bill 

implies that Federal judges are not appropriately sentencing defendants convicted for a third time of these heinous offenses. 

II. THE JUDICIARY COMMITTEE SHOULD HAVE HELD A HEARING ON

THIS ISSUE BEFORE PASSING THIS LEGISLATION

As described above, child abuse is a serious problem, and in 

order to determine the appropriateness of expanding Federal criminal laws in this area, the Judiciary Committee should have had a 

hearing on this issue. We have received no evidence suggesting 

that Federal judges impose such lenient sentences on these thirdtime offenders that the offenders keep getting released from prison 


emcdonald on DSK67QTVN1PROD with HEARING
5 Nurse Family Partnership, Overview Fact Sheet, available at http:// 

www.nursefamilypartnership.org/assets/PDF/Fact-sheets/NFPlOverview.aspx. 6 Nurse Family Partnership, Research Trials and Outcomes Fact Sheet, available at http:// 

www.nursefamilypartnership.org/assets/PDF/Fact-sheets/NFPlResearchlOutcomes.aspx. 

and abusing again. Further, we have received no evidence that this 

bill would have even applied to the Kilah Davenport case, which 

does not appear to have occurred on Federal land or have been 

committed by a third-time offender. 

III. CONGRESS SHOULD FOCUS ON PREVENTION OF CHILD ABUSE

If our goal is to actually reduce the ravages of child abuse, we 

should not limit our efforts to the negligible number of prosecutable 

cases involving third offenses, and on Federal lands. Most child 

abuse is not reported at all, and many cases that are reported are 

difficult to prosecute because family members may be unwilling to 

testify against one another. Instead, Congress needs to focus Federal efforts on supporting programs that will prevent these crimes 

from happening in the first place. 

Congress should enact the type of meaningful legislation proven 

to actually reduce child abuse—and save money in the process— 

like nurse family partnerships. Nurse family partnerships are an 

evidence-based community health program that provide home visits 

from registered nurses to low-income, first-time moms from pregnancy until the child turns 2 years old.5 In medical and scientific 

journals, nurse family partnerships are most often cited as the 

most effective intervention to prevent child abuse and neglect.6

IV. AMENDMENT OFFERED

I offered an amendment to remove the criminal penalties from 

H.R. 3627, which would have alleviated the concerns discussed 

above. If the amendment had been accepted, the bill would have required only the report from the Attorney General on the penalties 

for violations of laws prohibiting child abuse in the 50 states, the 

District of Columbia, and the U.S. territories. The amendment 

failed by voice vote. 

CONCLUSION

Although child abuse is a serious problem, we have not established the requisite evidence to demonstrate that this bill is the 

most appropriate means of addressing the problem. 

For the foregoing reasons, I respectfully dissent. 

ROBERT C. ‘‘BOBBY’’ SCOTT. 

Æ 


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