[Congressional Record Volume 161, Number 44 (Monday, March 16, 2015)]
[Senate]
[Pages S1549-S1550]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.
                                 ______