34 U.S.C. § 60106: Incentives for States

makes it a criminal offense for any person acting under color of law of the State to knowingly engage in a sexual act with an individual who is under arrest, in detention, or otherwise in the actual custody of any law enforcement officer; and prohibits a person charged with an offense described in paragraph (1) from asserting the consent of the other individual as a defense. the number of reports made to law enforcement agencies in that State regarding persons engaging in a sexual act while acting under color of law during the previous year; and the disposition of each case in which sexual misconduct by a person acting under color of law was reported during the previous year. A State seeking a grant under this section 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 subsection (a). Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10441 et seq.) (commonly referred to as the “STOP Violence Against Women Formula Grant Program”). Section 12511 of this title (commonly referred to as the “Sexual Assault Services Program”). The Attorney General shall provide an increase in the amount provided to a State under the grant programs described in subsection (d) for a 2-year period. A State that receives a grant under this section 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. A State may not receive a grant under this section for more than 4 years. 25 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (1) of subsection (d); and 75 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (2) of subsection (d). There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2023 through 2027. For purposes of this section, the term “State” means each of the several States and the District of Columbia, Indian Tribes, and the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands. the information required to be reported to the Attorney General under section 1203(b) [ 34 U.S.C. 60106(b) ]; and the number of reports made, during the previous year, to Federal law enforcement agencies regarding persons engaging in a sexual act while acting under color of law; and the disposition of each case in which sexual misconduct by a person acting under color of law was reported. Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Comptroller General of the United States shall submit to Congress a report on any violations of section 2243(c) of title 18 , United States Code, as amended by section 1302, committed during the 1-year period covered by the report. provide an exception to definitions of age-based sex offenses (including statutory rape), or a defense to prosecution for such offenses, based on the marriage of the perpetrator to the victim; or allow marriages between parties at ages, or with age differences between them, such that sexual acts between those parties outside of marriage would constitute an age-based sex offense (including statutory rape).”