,,ii #aafth ,,congress #ast ,session ,s4 #hee ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #be1 #bjai,mr4 ,blumenthal 7for himself1 ,mr4 ,booker1 and ,ms4 ,ernst7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to make it a criminal offense for individuals to engage in sexual acts while acting under color of law or with individuals in their custody1 to encourage ,states to adopt similar laws1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,closing the ,law ,enforcement ,consent ,loophole ,act of #bjai4 #b4 ,prohibition on engaging in sexual acts while acting under color of law 7a7 ,in general ,section #bbdc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by adding at the end the following3 or by any person acting under color of law2 7#b7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 7#c7 by inserting after subsection 7b7 the following3 7c7 ,of an individual by any person acting under color of law 7#a7 ,in general ,whoever1 acting under color of law1 knowingly engages in a sexual act with an individual1 including an individual who is under arrest1 in detention1 or otherwise in the actual custody of any ,federal law enforcement officer1 shall be fined under this title1 imprisoned not more than #ae years1 or both4 7#b7 ,definition ,in this subsection1 the term sexual act has the meaning given the term in section #bbdf4 2 and 7#d7 in subsection 7d71 as so redesignated1 by adding at the end the following3 7#c7 ,in a prosecution under subsection 7c71 it is not a defense that the other individual consented to the sexual act4 4 7b7 ,definition ,section #bbdf of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#e71 by striking and at the end2 7#b7 in paragraph 7#f71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after paragraph 7#f7 the following3 7#g7 the term ,federal law enforcement officer has the meaning given the term in section #aae4 4 7c7 ,clerical amendment ,the table of sections for chapter #aji;,a of title #ah1 ,united ,states ,code1 is amended by amending the item related to section #bbdc to read as follows3 #bbdc4 ,sexual abuse of a minor or ward or by any person acting under color of law4 4 #c4 ,incentives for ,states 7a7 ,authority ,to make grants ,the ,attorney ,general is authorized to make grants to ,states that have in effect a law that-- 7#a7 makes it a criminal offense for any person acting under color of law of the ,state to engage in a sexual act with an individual1 including an individual who is under arrest1 in detention1 or otherwise in the actual custody of any law enforcement officer2 and 7#b7 prohibits a person charged with an offense described in paragraph 7#a7 from asserting the consent of the other individual as a defense4 7b7 ,reporting requirement ,a ,state that receives a grant under this section shall submit to the ,attorney ,general1 on an annual basis1 information on-- 7#a7 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 year2 and 7#b7 the disposition of each case in which sexual misconduct by a person acting under color of law was reported during the previous year4 7c7 ,application ,a ,state seeking a grant under this section shall submit an application to the ,attorney ,general at such time1 in such manner1 and containing such information as the ,attorney ,general may reasonably require1 including information about the law described in subsection 7a74 7d7 ,grant amount ,the amount of a grant to a ,state under this section shall be in an amount that is not greater than #aj percent of the average of the total amount of funding of the #c most recent awards that the ,state received under the following grant programs3 7#a7 ,part ,t of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajdda et seq47 7commonly referred to as the ,,stop ,violence ,against ,women ,formula ,grant ,program74 7#b7 ,section #dafja of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abeaa7 7commonly referred to as the ,sexual ,assault ,services ,program74 7e7 ,grant term 7#a7 ,in general ,the ,attorney ,general shall provide an increase in the amount provided to a ,state under the grant programs described in subsection 7d7 for a #b-year period4 7#b7 ,renewal ,a ,state that receives a grant under this section may submit an application for a renewal of such grant at such time1 in such manner1 and containing such information as the ,attorney ,general may reasonably require4 7#c7 ,limit ,a ,state may not receive a grant under this section for more than #d years4 7f7 ,uses of funds ,a ,state that receives a grant under this section shall use-- 7#a7 #be percent of such funds for any of the permissible uses of funds under the grant program described in paragraph 7#a7 of subsection 7d72 and 7#b7 #ge percent of such funds for any of the permissible uses of funds under the grant program described in paragraph 7#b7 of subsection 7d74 7g7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this chapter #e1jjj1jjj for each of fiscal years #bjbj through #bjbd4 #d4 ,reports to ,congress 7a7 ,report by ,attorney ,general ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 the ,attorney ,general shall submit to ,congress a report containing-- 7#a7 the information required to be reported to the ,attorney ,general under section #c7;b72 and 7#b7 information on-- 7,a7 the number of reports made during the previous year1 to ,federal law enforcement agencies regarding persons engaging in a sexual act while acting under color of law2 and 7,b7 the disposition of each case in which sexual misconduct by a person acting under color of law was reported4 7b7 ,report by ,,gao ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on any violations of section #bbdc7;c7 of title #ah1 ,united ,states ,code1 as amended by section #b1 committed during the #a-year period covered by the report4 #e4 ,definition ,in this ,act1 the term sexual act has the meaning given the term in section #bbdf of title #ah1 ,united ,states ,code4