Sec. 1002. Incentive for States
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/bill/116/s/3985/pcs/section-1002A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Attorney General is authorized to make grants to States that have in effect a law that— makes it a criminal offense for any person acting under color of law of the State to engage in a sexual act (as defined in section 2246 of title 18, United States Code) with an individual who has been arrested by, is detained by, or is in 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. A State that receives a grant under this section shall submit to the Attorney General, on an annual basis, information on— the number of reports made to law enforcement agencies in that State regarding persons engaging in a sexual act (as defined in section 2246 of title 18, United States Code) 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). 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: 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 41601 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12511 ) (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. A State that receives a grant under this section shall use— 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). For the purpose of making grants under this section, there is authorized to be appropriated, and there is appropriated, to remain available until expended, out of any money in the Treasury not otherwise appropriated— for fiscal year 2021, $5,000,000; for fiscal year 2022, $5,000,000; for fiscal year 2023, $5,000,000; for fiscal year 2024, $5,000,000; and for fiscal year 2025, $5,000,000. 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.
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