text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Rape Survivor Child Custody Act''.
  
  SEC. 2. FINDINGS.
  
      Congress finds the following:
              (1) Men who father children through rape should be 
          prohibited from visiting or having custody of those children.
              (2) According to several studies, it is estimated that 
          there are between 25,000 and 32,000 rape-related pregnancies 
          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) According to one study, 32.3 percent of women who were 
          raped and became pregnant as a result of the rape kept their 
          child.
              (5) Another study found that, of the 73 percent of women 
          who became pregnant as a result of a rape and carried their 
          pregnancies to term, 64 percent raised their children.
              (6) Rape is one of the most under-prosecuted serious 
          crimes, with estimates of criminal conviction occurring in less 
          than 5 percent of rapes.
              (7) 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.
              (8) 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)).
              (9) Currently only 6 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.
              (10) A rapist pursuing parental or custody rights forces 
          the survivor to have continued interaction with the rapist, 
          which can have traumatic psychological effects on the survivor, 
          making it more difficult for her to recover.
              (11) These traumatic effects on the mother can severely 
          negatively impact her ability to raise a healthy child.
              (12) 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. 3. GRANTS AUTHORIZED.
  
      The Attorney General shall make grants to States that have 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 shall grant upon 
  clear and convincing evidence of rape.
  
  SEC. 4. APPLICATION.
  
      A State seeking a grant under this Act shall submit an application 
  to the Attorney General at such time, in such manner, and containing 
  such information as the Attorney General may reasonably require, 
  including information about the law described in section 3.
  
  SEC. 5. GRANT AMOUNT.
  
      The amount of a grant to a State under this Act shall be in an 
  amount that is not greater than 10 percent of the average of the total 
  amount of funding of the 3 most recent awards that the State received 
  under the following grant programs:
              (1) 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'').
              (2) Section 41601 of the Violence Against Women Act of 1994 
          (42 U.S.C. 14043g) (commonly referred to as the ``Sexual 
          Assault Services Program'').
  
  SEC. 6. GRANT TERM.
  
      (a) In General.--The term of a grant under this Act shall be for 
  one year.
      (b) Renewal.--A State that receives a grant under this Act may 
  submit an application for a renewal of such grant at such time, in such 
  manner, and containing such information as the Attorney General may 
  reasonably require.
      (c) Limit.--A State may not receive a grant under this Act for more 
  than 4 years.
  
  SEC. 7. USES OF FUNDS.
  
      A State that receives a grant under this section shall use--
              (1) 25 percent of such funds for any of the permissible 
          uses of funds under the grant program described in paragraph 
          (1) of section 5; and
              (2) 75 percent of such funds for any of the permissible 
          uses of funds under the grant program described in paragraph 
          (2) of section 5.
  
  SEC. 8. TERMINATION DEFINED.
  
      (a) In General.--In this Act, 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 section shall be 
  construed to require a State, in order to receive a grant under this 
  Act, to have in place a law that terminates any obligation of a person 
  who fathered a child through rape to support the child.
  
  SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
  
      There is authorized to be appropriated $5,000,000 for each of 
  fiscal years 2014 through 2018.
target: Rape Survivor Child Custody Act - Directs the Attorney General to make grants to states that have 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 shall grant upon clear and convincing evidence of rape. Limits such a grant to: (1) an amount that is not greater than 10% of the average of the total funding of the 3 most recent awards a state received under the STOP Violence Against Women Formula Grant Program and the Sexual Assault Services Program; and (2) a 1-year term, subject to renewal for not more than 3 additional years. Requires a state that receives such a grant to use: (1) 25% of grant funds for permissible uses under the STOP Violence Against Women Formula Grant Program, and (2) 75% of funds for permissible uses under the Sexual Assault Services Program.
feat_title: Rape Survivor Child Custody Act