SEC. 816. ANNUAL REPORT. 
Not later than February 1 of each year, the Director 
shall submit to the Congress a report describing the activi-
ties carried out under this subtitle. 
TITLE IX—BEST PRACTICES AND 
STUDIES 
SEC. 901. BEST PRACTICES. 
(a) IN GENERAL.—The National Criminal Justice 
Commission established under title VIII (referred to in 
this title as the ‘‘Commission’’) shall— 
(1) develop recommended best practices guide-
lines to ensure fair and effective policing tactics and 
procedures that encourage equitable justice, commu-
nity trust, and law enforcement officer safety; 
(2) include the recommended best practices de-
scribed in paragraph (1) in the recommendations of 
the Commission required under section 705; and 
(3) best practices for developing standards for 
law enforcement officer due process. 
(b) REQUIREMENTS.—The best practices required to 
be developed under subsection (a) shall include— 
(1) best practices for the hiring, firing, suspen-
sion, and discipline of law enforcement officers; and 
(2) best practices for community transparency 
and optimal administration of a law enforcement 
agency. 
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SEC. 902. STUDY. 
(a) IN GENERAL.—The Commission shall conduct a 
study on the establishment and operation of use of force 
review boards by States and units of local government, 
wherein citizens can assist law enforcement agencies in re-
viewing use of force incidents. 
(b) INCLUSION
IN
COMMISSION
RECOMMENDA-
TIONS.—The Commission shall include a report on the 
study conducted under subsection (a), which shall include 
recommendations, if any, for best practices for State and 
local use of force review boards, as well as best practices 
for developing standards for law enforcement officer due 
process, in the recommendations of the Commission re-
quired under section 705. 
SEC. 903. MENTAL HEALTH STUDY. 
(a) IN GENERAL.—The Commission shall conduct a 
study on law enforcement officer training, crisis interven-
tion teams, co-responder programs, personnel require-
ments, Federal resources, and pilot programs needed to 
improve nationwide law enforcement officer engagement 
on issues related to mental health, homelessness, and ad-
diction. 
(b) INCLUSION
IN
COMMISSION
RECOMMENDA-
TIONS.—The Commission shall include a report on the 
study conducted under subsection (a), which shall include 
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recommendations, if any, in the recommendations of the 
Commission required under section 705. 
SEC. 904. STUDY AND PROPOSAL ON IMPROVING ACCOUNT-
ABILITY FOR DOJ GRANTS. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘covered grant’’ means a grant 
awarded under a covered grant program; and 
(2) the term ‘‘covered grant program’’ means— 
(A) the Edward Byrne Memorial Justice 
Assistance Grant Program under subpart 1 of 
part E of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (34 U.S.C. 10151 
et seq.); 
(B) the ‘‘Cops on the Beat’’ program 
under part Q of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 
U.S.C. 10381 et seq.); and 
(C) any other grant program administered 
by the Attorney General that provides funds to 
law enforcement agencies. 
(b) STUDY AND PROPOSAL.—Not later than 1 year 
after the date of enactment of this Act, the Attorney Gen-
eral shall study, and submit to Congress a proposal re-
garding, the possible implementation of a method to im-
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prove accountability for law enforcement agencies that re-
ceive funds from covered grant programs. 
(c) CONTENTS.—In carrying out subsection (b), the 
Attorney General shall develop discrete performance 
metrics for law enforcement agencies that apply for and 
receive funds from covered grant programs, the param-
eters of which shall— 
(1) establish benchmarks of progress, measured 
on a semiannual or annual basis, as appropriate; 
(2) require annual accounting by a recipient of 
a covered grant of the progress made toward each 
benchmark described in paragraph (1); and 
(3) provide that— 
(A) the failure to achieve a benchmark de-
scribed in paragraph (1) shall constitute a vio-
lation of the grant agreement; 
(B) if a recipient does not cure a violation 
by achieving the applicable benchmark not later 
than 90 days after the date of the violation, the 
recipient shall return the amounts of the cov-
ered grant to the Attorney General; and 
(C) a law enforcement agency that violates 
a grant agreement may not apply for a covered 
grant for a period of 1 year. 
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100 
TITLE X—CLOSING THE LAW EN-
FORCEMENT CONSENT LOOP-
HOLE ACT 
SEC. 1001. PROHIBITION ON ENGAGING IN SEXUAL ACTS 
WHILE ACTING UNDER COLOR OF LAW. 
(a) IN GENERAL.—Section 2243 of title 18, United 
States Code, is amended— 
(1) in the section heading, by adding at the end 
the following: ‘‘or by any person acting 
under color of law’’; 
(2) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; 
(3) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) OF AN INDIVIDUAL BY ANY PERSON ACTING 
UNDER COLOR OF LAW.— 
‘‘(1) IN
GENERAL.—Whoever, acting under 
color of law, knowingly engages in a sexual act with 
an individual who has been arrested by, is detained 
by, or is in custody of any Federal law enforcement 
officer, shall be fined under this title, imprisoned not 
more than 15 years, or both. 
‘‘(2) DEFINITION.—In this subsection, the term 
‘sexual act’ has the meaning given the term in sec-
tion 2246.’’; and 
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101 
(4) in subsection (d), as so redesignated, by 
adding at the end the following: 
‘‘(3) In a prosecution under subsection (c), it is 
not a defense that the other individual consented to 
the sexual act.’’. 
(b) ABUSIVE SEXUAL CONTACT.—Section 2244(a) of 
title 18, United States Code, is amended by— 
(1) in paragraph (4), by striking ‘‘or’’ at the 
end; 
(2) by redesignating paragraph (5) as para-
graph (6); and 
(3) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) subsection (c) of section 2243 of this title 
had the sexual contact been a sexual act, shall be 
fined under this title, imprisoned not more than 15 
years, or both; or’’. 
(c) DEFINITION.—Section 2246 of title 18, United 
States Code, is amended— 
(1) in paragraph (5), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (6), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (6) the fol-
lowing: 
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102 
‘‘(7) the term ‘Federal law enforcement officer’ 
has the meaning given the term in section 115.’’. 
(d) CLERICAL AMENDMENT.—The table of sections 
for chapter 109A of title 18, United States Code, is 
amended by amending the item related to section 2243 
to read as follows: 
‘‘2243. Sexual abuse of a minor or ward or by any person acting under color 
of law.’’. 
SEC. 1002. INCENTIVE 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 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 
(2) prohibits a person charged with an offense 
described in paragraph (1) from asserting the con-
sent of the other individual as a defense. 
(b) REPORTING REQUIREMENT.—A State that re-
ceives a grant under this section shall submit to the Attor-
ney General, on an annual basis, information on— 
(1) the number of reports made to law enforce-
ment agencies in that State regarding persons en-
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103 
gaging 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 
(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 re-
ceived under the following grant programs: 
(1) Part T of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (34 U.S.C. 10441 
et seq.) (commonly referred to as the ‘‘STOP Vio-
lence Against Women Formula Grant Program’’). 
(2) Section 41601 of the Violence Against 
Women Act of 1994 (34 U.S.C. 12511) (commonly 
referred to as the ‘‘Sexual Assault Services Pro-
gram’’). 
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(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 sub-
section (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 per-
missible uses of funds under the grant program de-
scribed in paragraph (1) of subsection (d); and 
(2) 75 percent of such funds for any of the per-
missible uses of funds under the grant program de-
scribed in paragraph (2) of subsection (d). 
(g) DIRECT APPROPRIATIONS.—For the purpose of 
making grants under this section, there is authorized to 
be appropriated, and there is appropriated, out of amounts 
in the Treasury not otherwise appropriated, for the fiscal 
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105 
year ending September 30, 2020, $25,000,000, to remain 
available until expended. 
(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 Common-
wealth of Puerto Rico, Guam, American Samoa, the Vir-
gin Islands, and the Northern Mariana Islands. 
SEC. 1003. REPORTS TO CONGRESS. 
(a) REPORT
BY ATTORNEY GENERAL.—Not later 
than 1 year after the date of enactment of this Act, and 
each year thereafter, the Attorney General shall submit 
to Congress a report containing— 
(1) the information required to be reported to 
the Attorney General under section 1002(b); and 
(2) information on— 
(A) the number of reports made, during 
the previous year, to Federal law enforcement 
agencies regarding persons engaging in a sexual 
act (as defined in section 2246 of title 18, 
United States Code) while acting under color of 
law; and 
(B) the disposition of each case in which 
sexual misconduct by a person acting under 
color of law was reported. 
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106 
(b) REPORT BY GAO.—Not later than 1 year after 
the date of enactment of this Act, and each year there-
after, 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 1001, committed during the 1-year period covered 
by the report. 
TITLE XI—EMERGENCY 
FUNDING 
SEC. 1101. EMERGENCY DESIGNATION. 
(a) IN GENERAL.—The amounts provided under this 
Act, or an amendment made by this Act, are designated 
as an emergency requirement pursuant to section 4(g) of 
the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 
933(g)). 
(b) DESIGNATION IN SENATE.—In the Senate, this 
Act, and the amendments made by this Act, is designated 
as an emergency requirement pursuant to section 4112(a) 
of H. Con. Res. 71 (115th Congress), the concurrent reso-
lution on the budget for fiscal year 2018. 
Æ 
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