[House Report 113-286]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-286
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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
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. Sec. 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\
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\1\Child Abuse: Statistics and Facts, safehorizon, http://
www.safehorizon.org/index/what-we-do-2/child-abuse--incest-55/child-
abuse-statistics--facts-304.html.
\2\Id.
\3\Theodore 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).
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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\
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\4\Child Maltreatment in Indian Country, Native American Children's
Alliance, http://www.nativechildalliance.org/Fact_Sheet.pdf .
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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.
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.
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.
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. Sec. 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.
Sec. 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):
TITLE 18, UNITED STATES CODE
* * * * * * *
PART I--CRIMES
* * * * * * *
CHAPTER 7--ASSAULT
* * * * * * *
Sec. 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 as a result of abuse and neglect were
caused by one or more of the child victim's parents.\3\
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\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
\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.
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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\
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\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/long_term_
consequences.cfm.
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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 third-time offenders that the offenders keep getting
released from prison 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\
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\5\Nurse Family Partnership, Overview Fact Sheet, available at
http://www.nursefamilypartnership.org/assets/PDF/Fact-sheets/
NFP_Overview.aspx.
\6\Nurse Family Partnership, Research Trials and Outcomes Fact
Sheet, available at http://www.nursefamilypartnership.org/assets/PDF/
Fact-sheets/NFP_Research_Outcomes.aspx.
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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.