34 U.S.C. § 21302 — Findings

Page 537 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 21302 1 See References in Text note below. ing for child exploitation investigations. The Attorney General may utilize funds under this subchapter to increase capacity at existing re- gional forensic laboratories or to add labora- tories under the Regional Computer Forensic Laboratories Program operated by the Federal Bureau of Investigation. (b) Purpose of new resources The additional forensic capacity established by resources provided under this section shall be dedicated to assist Federal agencies, State and local Internet Crimes Against Children task forces, and other Federal, State, and local law enforcement agencies in preventing, inves- tigating, and prosecuting Internet crimes against children. (c) New computer forensic labs If the Attorney General determines that new regional computer forensic laboratories are re- quired under subsection (a) to best address exist- ing backlogs, such new laboratories shall be es- tablished pursuant to subsection (d). (d) Location of new labs The location of any new regional computer fo- rensic laboratories under this section shall be determined by the Attorney General, in con- sultation with the Director of the Federal Bu- reau of Investigation, the Regional Computer Forensic Laboratory National Steering Com- mittee, and other relevant stakeholders. (e) Report Not later than 1 year after October 13, 2008, and every year thereafter, the Attorney General shall submit a report to the Congress on how the funds appropriated under this section were uti- lized. (f) Authorization of appropriations There are authorized to be appropriated for fiscal years 2009 through 2013, $2,000,000 to carry out the provisions of this section. (Pub. L. 110–401, title II, § 201, Oct. 13, 2008, 122 Stat. 4241.) Editorial Notes CODIFICATION Section was formerly classified to section 17631 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. CHAPTER 213—RAPE SURVIVOR CHILD CUSTODY Sec. 21301. Definitions. 21302. Findings. 21303. Increased funding for formula grants author- ized. 21304. Application. 21305. Grant increase. 21306. Period of increase. 21307. Allocation of increased formula grant funds. 21308. Authorization of appropriations. § 21301. Definitions In this chapter: (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.) 1 (commonly referred to as the ‘‘STOP Violence Against Women For- mula Grant Program’’); or (B) section 12511 of this title (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 con- strued to require a State, in order to receive an increase in the amount provided to the State under the covered formula grants under this chapter, to have in place a law that terminates any obligation of a person who fathered a child through rape to support the child. (Pub. L. 114–22, title IV, § 402, May 29, 2015, 129 Stat. 256.) Editorial Notes REFERENCES IN TEXT The Omnibus Crime Control and Safe Streets Act of 1968, referred to in par. (1)(A), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197. Part T of title I of the Act was classi- fied generally to subchapter XII–H (§ 3796gg et seq.) of chapter 46 of Title 42, The Public Health and Welfare, prior to editorial reclassification as subchapter XIX (§ 10441 et seq.) of chapter 101 of this title. For complete classification of this Act to the Code, see Short Title of 1968 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 14043h of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries SHORT TITLE For short title of title IV of Pub. L. 114–22, which is classified to this chapter, as the ‘‘Rape Survivor Child Custody Act’’, see section 401 of Pub. L. 114–22, set out as a Short Title of 2015 Act note under section 10101 of this title. § 21302. 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 Page 538 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 21303 1 So in original. Probably should be followed by ‘‘of’’. conviction occurring in less than 5 percent of rapes. (5) The clear and convincing evidence stand- ard is the most common standard for termi- nation 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 satis- fies 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 al- lowing rape survivors to petition for the ter- mination 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 sur- vivor, 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. (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. (Pub. L. 114–22, title IV, § 403, May 29, 2015, 129 Stat. 256.) Editorial Notes CODIFICATION Section was formerly classified to section 14043h–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21303. Increased funding for formula grants au- thorized The Attorney General shall increase the amount provided to a State under the covered formula grants in accordance with this chapter 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. (Pub. L. 114–22, title IV, § 404, May 29, 2015, 129 Stat. 257.) Editorial Notes CODIFICATION Section was formerly classified to section 14043h–2 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21304. 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 infor- mation as the Attorney General may reasonably require, including information about the law de- scribed in section 21303 of this title. (Pub. L. 114–22, title IV, § 405, May 29, 2015, 129 Stat. 257.) Editorial Notes CODIFICATION Section was formerly classified to section 14043h–3 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21305. Grant increase The amount of the increase provided to a State under the covered formula grants under this chapter 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. (Pub. L. 114–22, title IV, § 406, May 29, 2015, 129 Stat. 257.) Editorial Notes CODIFICATION Section was formerly classified to section 14043h–4 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21306. Period of increase (a) In general The Attorney General shall provide an in- crease in the amount provided to a State under the covered formula grants under this chapter for a 2-year period. (b) Limit The Attorney General may not provide an in- crease in the amount provided to a State under the covered formula grants under this chapter more than 4 times. (Pub. L. 114–22, title IV, § 407, May 29, 2015, 129 Stat. 257.) Editorial Notes CODIFICATION Section was formerly classified to section 14043h–5 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21307. Allocation of increased formula grant funds The Attorney General shall allocate an in- crease in the amount provided to a State under the covered formula grants under this chapter such that— (1) 25 percent 1 the amount of the increase is provided under the program described in sec- tion 21301(1)(A) of this title; and (2) 75 percent 1 the amount of the increase is provided under the program described in sec- tion 21301(1)(B) of this title. (Pub. L. 114–22, title IV, § 408, May 29, 2015, 129 Stat. 258.) Editorial Notes CODIFICATION Section was formerly classified to section 14043h–6 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section.