34 USC 60106 – Incentives for States
(a) Authority to make grants
The Attorney General is authorized to make grants to States that have in effect a law that—
(1) 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
(2) prohibits a person charged with an offense described in paragraph (1) from asserting the consent of the other individual as a defense.
(b) Reporting requirement
Terms Used In 34 USC 60106
- Arrest: Taking physical custody of a person by lawful authority.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
A State that receives a grant under this section shall submit to the Attorney General, on an annual basis, information on—
(1) 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
(2) the disposition of each case in which sexual misconduct by a person acting under color of law was reported during the previous year.
(c) Application
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).
(d) Grant amount
The amount of a grant to a State under this section 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 (34 U.S.C. 10441 et seq.) (commonly referred to as the “STOP Violence Against Women Formula Grant Program”).
(2) Section 12511 of this title (commonly referred to as the “Sexual Assault Services Program”).
(e) Grant term
(1) In general
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.
(2) Renewal
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.
(3) Limit
A State may not receive a grant under this section for more than 4 years.
(f) 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 subsection (d); and
(2) 75 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (2) of subsection (d).
(g) Authorization of appropriations
There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2023 through 2027.
(h) Definition
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.