To direct the Attorney General to increase the amount provided under certain formula grants to States that have in place laws that terminate the parental rights of men who father children through rape.

SA 311. Mr. BROWN (for himself, Ms. Ayotte, Mrs. Shaheen, Mrs.
Gillibrand, and Ms. Baldwin) submitted an amendment intended to be
proposed by him to the bill S. 178, to provide justice for the victims
of trafficking; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE __--RAPE SURVIVOR CHILD CUSTODY

SEC. __01. SHORT TITLE.

This title may be cited as the ``Rape Survivor Child
Custody Act''.

SEC. __02. DEFINITIONS.

In this title:
(1) Covered formula grant.--The term ``covered formula
grant'' means a grant under--
(A) part T of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg et seq.) (commonly
referred to as the ``STOP Violence Against Women Formula
Grant Program''); or
(B) section 41601 of the Violence Against Women Act of 1994
(42 U.S.C. 14043g) (commonly referred to as the ``Sexual
Assault Services Program'').
(2) Termination.--
(A) In general.--The term ``termination'' means, when used
with respect to parental rights, a complete and final
termination of the parent's right to custody of, guardianship
of, visitation with, access to, and inheritance from a child.
(B) Rule of construction.--Nothing in this paragraph shall
be construed to require a State, in order to receive an
increase in the amount provided to the State under the
covered formula grants under this title, to have in place a
law that terminates any obligation of a person who fathered a
child through rape to support the child.

SEC. __03. FINDINGS.

Congress finds the following:
(1) Men who father children through rape should be
prohibited from visiting or having custody of those children.
(2) Thousands of rape-related pregnancies occur annually in
the United States.
(3) A substantial number of women choose to raise their
child conceived through rape and, as a result, may face
custody battles with their rapists.
(4) Rape is one of the most under-prosecuted serious
crimes, with estimates of criminal conviction occurring in
less than 5 percent of rapes.
(5) The clear and convincing evidence standard is the most
common standard for termination of parental rights among the
50 States, territories, and the District of Columbia.
(6) The Supreme Court established that the clear and
convincing evidence standard satisfies due process for
allegations to terminate or restrict parental rights in
Santosky v. Kramer (455 U.S. 745 (1982)).
(7) Currently only 10 States have statutes allowing rape
survivors to petition for the termination of parental rights
of the rapist based on clear and convincing evidence that the
child was conceived through rape.
(8) A rapist pursuing parental or custody rights causes the
survivor to have continued interaction with the rapist, which
can have traumatic psychological effects on the survivor, and
can make it more difficult for her to recover.
(9) These traumatic effects on the mother can severely
negatively impact her ability to raise a healthy child.

[[Page S1550]]

(10) Rapists may use the threat of pursuing custody or
parental rights to coerce survivors into not prosecuting
rape, or otherwise harass, intimidate, or manipulate them.

SEC. __04. INCREASED FUNDING FOR FORMULA GRANTS AUTHORIZED.

The Attorney General shall increase the amount provided to
a State under the covered formula grants in accordance with
this title if the State has in place a law that allows the
mother of any child that was conceived through rape to seek
court-ordered termination of the parental rights of her
rapist with regard to that child, which the court is
authorized to grant upon clear and convincing evidence of
rape.

SEC. __05. APPLICATION.

A State seeking an increase in the amount provided to the
State under the covered formula grants shall include in the
application of the State for each covered formula grant such
information as the Attorney General may reasonably require,
including information about the law described in section
__04.

SEC. __06. GRANT INCREASE.

The amount of the increase provided to a State under the
covered formula grants under this title shall be equal to not
more than 10 percent of the average of the total amount of
funding provided to the State under the covered formula
grants under the 3 most recent awards to the State.

SEC. __07. PERIOD OF INCREASE.

(a) In General.--The Attorney General shall provide an
increase in the amount provided to a State under the covered
formula grants under this title for a 2-year period.
(b) Limit.--The Attorney General may not provide an
increase in the amount provided to a State under the covered
formula grants under this title more than 4 times.

SEC. __08. ALLOCATION OF INCREASED FORMULA GRANT FUNDS.

The Attorney General shall allocate an increase in the
amount provided to a State under the covered formula grants
under this title such that--
(1) 25 percent the amount of the increase is provided under
the program described in section __02(1)(A); and
(2) 75 percent the amount of the increase is provided under
the program described in section __02(1)(B).

SEC. __09. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this
title $5,000,000 for each of fiscal years 2015 through 2019.
______