109 
(2) EXCEPTIONS.—The following categories of 
video footage shall not be released to the public in 
the absence of express written permission from the 
non-law enforcement subjects of the video footage: 
(A) Video footage not subject to a min-
imum 3-year retention period pursuant to sub-
section (j). 
(B) Video footage that is subject to a min-
imum 3-year retention period solely and exclu-
sively pursuant to paragraph (1)(B) or (2) of 
subsection (j). 
(3) PRIORITY OF REQUESTS.—Notwithstanding 
any time periods established for acknowledging and 
responding to records requests in section 552a of 
title 5, United States Code, responses to requests for 
video footage that is subject to a minimum 3-year 
retention period pursuant to subsection (j)(1)(A), 
where a subject of the video footage is recorded 
being killed, shot by a firearm, or grievously injured, 
shall be prioritized and, if approved, the requested 
video footage shall be provided as expeditiously as 
possible, but in no circumstances later than 5 days 
following receipt of the request. 
(4) USE OF REDACTION TECHNOLOGY.— 
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(A) IN GENERAL.—Whenever doing so is 
necessary to protect personal privacy, the right 
to a fair trial, the identity of a confidential 
source or crime victim, or the life or physical 
safety of any person appearing in video footage, 
redaction technology may be used to obscure 
the face and other personally identifying char-
acteristics of that person, including the tone of 
the person’s voice, provided the redaction does 
not interfere with a viewer’s ability to fully, 
completely, and accurately comprehend the 
events captured on the video footage. 
(B) REQUIREMENTS.—The following re-
quirements shall apply to redactions under sub-
paragraph (A): 
(i) When redaction is performed on 
video footage pursuant to this paragraph, 
an unedited, original version of the video 
footage shall be retained pursuant to the 
requirements of subsections (i) and (j). 
(ii) Except pursuant to the rules for 
the redaction of video footage set forth in 
this subsection or where it is otherwise ex-
pressly authorized by this Act, no other ed-
iting or alteration of video footage, includ-
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ing a reduction of the video footage’s reso-
lution, shall be permitted. 
(m) PROHIBITED WITHHOLDING
OF FOOTAGE.— 
Body camera video footage may not be withheld from the 
public on the basis that it is an investigatory record or 
was compiled for law enforcement purposes where any per-
son under investigation or whose conduct is under review 
is a police officer or other law enforcement employee and 
the video footage relates to that person’s conduct in their 
official capacity. 
(n) ADMISSIBILITY.—Any video footage retained be-
yond 6 months solely and exclusively pursuant to sub-
section (j)(2)(D) shall not be admissible as evidence in any 
criminal or civil legal or administrative proceeding. 
(o) CONFIDENTIALITY.—No government agency or 
official, or law enforcement agency, officer, or official may 
publicly disclose, release, or share body camera video foot-
age unless— 
(1) doing so is expressly authorized pursuant to 
this part or another applicable law; or 
(2) the video footage is subject to public release 
pursuant to subsection (l), and not exempted from 
public release pursuant to subsection (l)(1). 
(p) LIMITATION ON FEDERAL LAW ENFORCEMENT 
OFFICER VIEWING
OF BODY CAMERA FOOTAGE.—No 
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Federal law enforcement officer shall review or receive an 
accounting of any body camera video footage that is sub-
ject to a minimum 3-year retention period pursuant to 
subsection (j)(1) prior to completing any required initial 
reports, statements, and interviews regarding the recorded 
event, unless doing so is necessary, while in the field, to 
address an immediate threat to life or safety. 
(q) ADDITIONAL LIMITATIONS.—Video footage may 
not be— 
(1) in the case of footage that is not subject to 
a minimum 3-year retention period, viewed by any 
superior officer of a Federal law enforcement officer 
whose body camera recorded the footage absent a 
specific allegation of misconduct; or 
(2) divulged or used by any law enforcement 
agency for any commercial or other non-law enforce-
ment purpose. 
(r) THIRD-PARTY MAINTENANCE
OF FOOTAGE.— 
Where a law enforcement agency authorizes a third party 
to act as its agent in maintaining body camera footage, 
the agent shall not be permitted to independently access, 
view, or alter any video footage, except to delete videos 
as required by law or agency retention policies. 
(s) ENFORCEMENT.— 
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(1) IN GENERAL.—If any Federal law enforce-
ment officer, or any employee or agent of a Federal 
law enforcement agency fails to adhere to the re-
cording or retention requirements contained in this 
part, intentionally interferes with a body camera’s 
ability to accurately capture video footage, or other-
wise manipulates the video footage captured by a 
body camera during or after its operation— 
(A) appropriate disciplinary action shall be 
taken against the individual officer, employee, 
or agent; 
(B) a rebuttable evidentiary presumption 
shall be adopted in favor of a criminal defend-
ant who reasonably asserts that exculpatory evi-
dence was destroyed or not captured; and 
(C) a rebuttable evidentiary presumption 
shall be adopted on behalf of a civil plaintiff 
suing the Government, a Federal law enforce-
ment agency, or a Federal law enforcement offi-
cer for damages based on misconduct who rea-
sonably asserts that evidence supporting their 
claim was destroyed or not captured. 
(2) PROOF
COMPLIANCE
WAS
IMPOSSIBLE.— 
The disciplinary action requirement and rebuttable 
presumptions described in paragraph (1) may be 
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overcome by contrary evidence or proof of exigent 
circumstances that made compliance impossible. 
(t) USE OF FORCE INVESTIGATIONS.—In the case 
that a Federal law enforcement officer equipped with a 
body camera is involved in, a witness to, or within viewable 
sight range of either the use of force by another law en-
forcement officer that results in a death, the use of force 
by another law enforcement officer, during which the dis-
charge of a firearm results in an injury, or the conduct 
of another law enforcement officer that becomes the sub-
ject of a criminal investigation— 
(1) the law enforcement agency that employs 
the law enforcement officer, or the agency or depart-
ment conducting the related criminal investigation, 
as appropriate, shall promptly take possession of the 
body camera, and shall maintain such camera, and 
any data on such camera, in accordance with the ap-
plicable rules governing the preservation of evidence; 
(2) a copy of the data on such body camera 
shall be made in accordance with prevailing forensic 
standards for data collection and reproduction; and 
(3) such copied data shall be made available to 
the public in accordance with subsection (l). 
(u) LIMITATION
ON USE
OF FOOTAGE
AS EVI-
DENCE.—Any body camera video footage recorded by a 
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Federal law enforcement officer that violates this part or 
any other applicable law may not be offered as evidence 
by any government entity, agency, department, prosecu-
torial office, or any other subdivision thereof in any crimi-
nal or civil action or proceeding against any member of 
the public. 
(v) PUBLICATION OF AGENCY POLICIES.—Any Fed-
eral law enforcement agency policy or other guidance re-
garding body cameras, their use, or the video footage 
therefrom that is adopted by a Federal agency or depart-
ment, shall be made publicly available on that agency’s 
website. 
(w) RULE OF CONSTRUCTION.—Nothing in this part 
shall be construed to preempt any laws governing the 
maintenance, production, and destruction of evidence in 
criminal investigations and prosecutions. 
SEC. 373. PATROL VEHICLES WITH IN-CAR VIDEO RECORD-
ING CAMERAS. 
(a) DEFINITIONS.—In this section: 
(1) AUDIO RECORDING.—The term ‘‘audio re-
cording’’ means the recorded conversation between a 
Federal law enforcement officer and a second party. 
(2) EMERGENCY
LIGHTS.—The term ‘‘emer-
gency lights’’ means oscillating, rotating, or flashing 
lights on patrol vehicles. 
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(3) ENFORCEMENT OR INVESTIGATIVE STOP.— 
The term ‘‘enforcement or investigative stop’’ means 
an action by a Federal law enforcement officer in re-
lation to enforcement and investigation duties, in-
cluding traffic stops, pedestrian stops, abandoned 
vehicle contacts, motorist assists, commercial motor 
vehicle stops, roadside safety checks, requests for 
identification, or responses to requests for emer-
gency assistance. 
(4) IN-CAR VIDEO CAMERA.—The term ‘‘in-car 
video camera’’ means a video camera located in a 
patrol vehicle. 
(5) IN-CAR VIDEO CAMERA RECORDING EQUIP-
MENT.—The term ‘‘in-car video camera recording 
equipment’’ means a video camera recording system 
located in a patrol vehicle consisting of a camera as-
sembly, recording mechanism, and an in-car video 
recording medium. 
(6) RECORDING.—The term ‘‘recording’’ means 
the process of capturing data or information stored 
on a recording medium as required under this sec-
tion. 
(7) RECORDING MEDIUM.—The term ‘‘record-
ing medium’’ means any recording medium for the 
retention and playback of recorded audio and video 
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including VHS, DVD, hard drive, solid state, digital, 
or flash memory technology. 
(8) WIRELESS MICROPHONE.—The term ‘‘wire-
less microphone’’ means a device worn by a Federal 
law enforcement officer or any other equipment used 
to record conversations between the officer and a 
second party and transmitted to the recording equip-
ment. 
(b) REQUIREMENTS.— 
(1) IN GENERAL.—Each Federal law enforce-
ment agency shall install in-car video camera record-
ing equipment in all patrol vehicles with a recording 
medium capable of recording for a period of 10 
hours or more and capable of making audio record-
ings with the assistance of a wireless microphone. 
(2) RECORDING EQUIPMENT REQUIREMENTS.— 
In-car video camera recording equipment with a re-
cording medium capable of recording for a period of 
10 hours or more shall record activities— 
(A) whenever a patrol vehicle is assigned 
to patrol duty; 
(B) outside a patrol vehicle whenever— 
(i) a Federal law enforcement officer 
assigned that patrol vehicle is conducting 
an enforcement or investigative stop; 
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(ii) patrol vehicle emergency lights are 
activated or would otherwise be activated if 
not for the need to conceal the presence of 
law enforcement; or 
(iii) an officer reasonably believes re-
cording may assist with prosecution, en-
hance safety, or for any other lawful pur-
pose; and 
(C) inside the vehicle when transporting an 
arrestee or when an officer reasonably believes 
recording may assist with prosecution, enhance 
safety, or for any other lawful purpose. 
(3) REQUIREMENTS FOR RECORDING.— 
(A) IN GENERAL.—A Federal law enforce-
ment officer shall begin recording for an en-
forcement or investigative stop when the officer 
determines an enforcement stop is necessary 
and shall continue until the enforcement action 
has been completed and the subject of the en-
forcement or investigative stop or the officer 
has left the scene. 
(B) ACTIVATION
WITH
LIGHTS.—A Fed-
eral law enforcement officer shall begin record-
ing when patrol vehicle emergency lights are ac-
tivated or when they would otherwise be acti-
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vated if not for the need to conceal the presence 
of law enforcement, and shall continue until the 
reason for the activation ceases to exist, regard-
less of whether the emergency lights are no 
longer activated. 
(C) PERMISSIBLE RECORDING.—A Federal 
law enforcement officer may begin recording if 
the officer reasonably believes recording may 
assist with prosecution, enhance safety, or for 
any other lawful purpose; and shall continue 
until the reason for recording ceases to exist. 
(4) 
ENFORCEMENT
OR
INVESTIGATIVE 
STOPS.—A Federal law enforcement officer shall 
record any enforcement or investigative stop. Audio 
recording shall terminate upon release of the violator 
and prior to initiating a separate criminal investiga-
tion. 
(c) RETENTION OF RECORDINGS.—Recordings made 
on in-car video camera recording medium shall be retained 
for a storage period of at least 90 days. Under no cir-
cumstances shall any recording made on in-car video cam-
era recording medium be altered or erased prior to the 
expiration of the designated storage period. Upon comple-
tion of the storage period, the recording medium may be 
erased and reissued for operational use unless otherwise 
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ordered or if designated for evidentiary or training pur-
poses. 
(d) ACCESSIBILITY OF RECORDINGS.—Audio or video 
recordings made pursuant to this section shall be available 
under the applicable provisions of section 552a of title 5, 
United States Code. Only recorded portions of the audio 
recording or video recording medium applicable to the re-
quest will be available for inspection or copying. 
(e) MAINTENANCE REQUIRED.—The agency shall en-
sure proper care and maintenance of in-car video camera 
recording equipment and recording medium. An officer op-
erating a patrol vehicle must immediately document and 
notify the appropriate person of any technical difficulties, 
failures, or problems with the in-car video camera record-
ing equipment or recording medium. Upon receiving no-
tice, every reasonable effort shall be made to correct and 
repair any of the in-car video camera recording equipment 
or recording medium and determine if it is in the public 
interest to permit the use of the patrol vehicle. 
SEC. 374. FACIAL RECOGNITION TECHNOLOGY. 
No camera or recording device authorized or required 
to be used under this part may be equipped with or employ 
facial recognition technology, and footage from such a 
camera or recording device may not be subjected to facial 
recognition technology. 
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SEC. 375. GAO STUDY. 
Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States 
shall conduct a study on Federal law enforcement officer 
training, vehicle pursuits, use of force, and interaction 
with citizens, and submit a report on such study to— 
(1) the Committees on the Judiciary of the 
House of Representatives and of the Senate; 
(2) the Committee on Oversight and Reform of 
the House of Representatives; and 
(3) the Committee on Homeland Security and 
Governmental Affairs of the Senate. 
SEC. 376. REGULATIONS. 
Not later than 6 months after the date of the enact-
ment of this Act, the Attorney General shall issue such 
final regulations as are necessary to carry out this part. 
SEC. 377. RULE OF CONSTRUCTION. 
Nothing in this part shall be construed to impose any 
requirement on a Federal law enforcement officer outside 
of the course of carrying out that officer’s duty. 
PART 2—POLICE CAMERA ACT 
SEC. 381. SHORT TITLE. 
This part may be cited as the ‘‘Police Creating Ac-
countability by Making Effective Recording Available Act 
of 2025’’ or the ‘‘Police CAMERA Act of 2025’’. 
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SEC. 382. LAW ENFORCEMENT BODY-WORN CAMERA RE-
QUIREMENTS. 
(a) USE OF FUNDS REQUIREMENTS.—Section 502(a) 
of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (34 U.S.C. 10153(a)), as amended by section 
334, is amended by adding at the end the following: 
‘‘(10) An assurance that, for each fiscal year 
covered by an application, the applicant will use not 
less than 5 percent of the total amount of the grant 
award for the fiscal year to develop policies and pro-
tocols in compliance with part OO.’’. 
(b) REQUIREMENTS.—Title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 U.S.C. 10101 
et seq.) is amended by adding at the end the following: 
‘‘PART OO—LAW ENFORCEMENT BODY-WORN 
CAMERAS AND RECORDED DATA 
‘‘SEC. 3051. USE OF GRANT FUNDS. 
‘‘(a) IN GENERAL.—Grant amounts described in 
paragraph (10) of section 502(a) of this title— 
‘‘(1) shall be used— 
‘‘(A) to purchase or lease body-worn cam-
eras for use by State, local, and tribal law en-
forcement officers (as defined in section 2503); 
‘‘(B) for expenses related to the implemen-
tation of a body-worn camera program in order 
to deter excessive force, improve accountability 
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and transparency of use of force by law enforce-
ment officers, assist in responding to com-
plaints against law enforcement officers, and 
improve evidence collection; and 
‘‘(C) to implement policies or procedures to 
comply with the requirements described in sub-
section (b); and 
‘‘(2) may not be used for expenses related to fa-
cial recognition technology. 
‘‘(b) REQUIREMENTS.—A recipient of a grant under 
subpart 1 of part E of this title shall— 
‘‘(1) establish policies and procedures in accord-
ance with the requirements described in subsection 
(c) before law enforcement officers use of body-worn 
cameras; 
‘‘(2) adopt recorded data collection and reten-
tion protocols as described in subsection (d) before 
law enforcement officers use of body-worn cameras; 
‘‘(3) make the policies and protocols described 
in paragraphs (1) and (2) available to the public; 
and 
‘‘(4) comply with the requirements for use of 
recorded data under subsection (f). 
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‘‘(c) REQUIRED POLICIES AND PROCEDURES.—A re-
cipient of a grant under subpart 1 of part E of this title 
shall— 
‘‘(1) develop with community input and publish 
for public view policies and protocols for— 
‘‘(A) the safe and effective use of body- 
worn cameras; 
‘‘(B) the secure storage, handling, and de-
struction of recorded data collected by body- 
worn cameras; 
‘‘(C) protecting the privacy rights of any 
individual who may be recorded by a body-worn 
camera; 
‘‘(D) the release of any recorded data col-
lected by a body-worn camera in accordance 
with the open records laws, if any, of the State; 
and 
‘‘(E) making recorded data available to 
prosecutors, defense attorneys, and other offi-
cers of the court in accordance with subpara-
graph (E); and 
‘‘(2) conduct periodic evaluations of the security 
of the storage and handling of the body-worn camera 
data. 
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‘‘(d) RECORDED DATA COLLECTION AND RETEN-
TION PROTOCOL.—The recorded data collection and reten-
tion protocol described in this paragraph is a protocol 
that— 
‘‘(1) requires— 
‘‘(A) a law enforcement officer who is 
wearing a body-worn camera to provide an ex-
planation if an activity that is required to be re-
corded by the body-worn camera is not re-
corded; 
‘‘(B) a law enforcement officer who is 
wearing a body-worn camera to obtain consent 
to be recorded from a crime victim or witness 
before interviewing the victim or witness; 
‘‘(C) the collection of recorded data unre-
lated to a legitimate law enforcement purpose 
be minimized to the greatest extent practicable; 
‘‘(D) the system used to store recorded 
data collected by body-worn cameras to log all 
viewing, modification, or deletion of stored re-
corded data and to prevent, to the greatest ex-
tent practicable, the unauthorized access or dis-
closure of stored recorded data; 
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‘‘(e) REPORTING.—Statistical data required to be col-
lected under subsection (d)(1)(D) shall be reported to the 
Director, who shall— 
‘‘(1) establish a standardized reporting system 
for statistical data collected under this program; and 
‘‘(2) establish a national database of statistical 
data recorded under this program. 
‘‘(f) USE OR TRANSFER OF RECORDED DATA.— 
‘‘(1) IN GENERAL.—Recorded data collected by 
an entity receiving a grant under a grant under sub-
part 1 of part E of this title from a body-worn cam-
era shall be used only in internal and external inves-
tigations of misconduct by a law enforcement agency 
or officer, if there is reasonable suspicion that a re-
cording contains evidence of a crime, or for limited 
training purposes. The Director shall establish rules 
to ensure that the recorded data is used only for the 
purposes described in this paragraph. 
‘‘(2) PROHIBITION ON TRANSFER.—Except as 
provided in paragraph (3), an entity receiving a 
grant under subpart 1 of part E of this title may 
not transfer any recorded data collected by the enti-
ty from a body-worn camera to another law enforce-
ment or intelligence agency. 
‘‘(3) EXCEPTIONS.— 
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‘‘(A) CRIMINAL INVESTIGATION.—An enti-
ty receiving a grant under subpart 1 of part E 
of this title may transfer recorded data collected 
by the entity from a body-worn camera to an-
other law enforcement agency or intelligence 
agency for use in a criminal investigation if the 
requesting law enforcement or intelligence agen-
cy has reasonable suspicion that the requested 
data contains evidence relating to the crime 
being investigated. 
‘‘(B) CIVIL RIGHTS CLAIMS.—An entity re-
ceiving a grant under subpart 1 of part E of 
this title may transfer recorded data collected 
by the law enforcement agency from a body- 
worn camera to another law enforcement agen-
cy for use in an investigation of the violation of 
any right, privilege, or immunity secured or 
protected by the Constitution or laws of the 
United States. 
‘‘(g) AUDIT AND ASSESSMENT.— 
‘‘(1) IN
GENERAL.—Not later than 2 years 
after the date of enactment of this part, the Director 
of the Office of Audit, Assessment, and Management 
shall perform an assessment of the use of funds 
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under this section and the policies and protocols of 
the grantees. 
‘‘(2) REPORTS.—Not later than September 1 of 
each year, beginning 2 years after the date of enact-
ment of this part, each recipient of a grant under 
subpart 1 of part E of this title shall submit to the 
Director of the Office of Audit, Assessment, and 
Management a report that— 
‘‘(A) describes the progress of the body- 
worn camera program; and 
‘‘(B) contains recommendations on ways in 
which the Federal Government, States, and 
units of local government can further support 
the implementation of the program. 
‘‘(3) REVIEW.—The Director of the Office of 
Audit, Assessment, and Management shall evaluate 
the policies and protocols of the grantees and take 
such steps as the Director of the Office of Audit, As-
sessment, and Management determines necessary to 
ensure compliance with the program. 
‘‘SEC. 3052. BODY-WORN CAMERA TRAINING TOOLKIT. 
‘‘(a) IN GENERAL.—The Director shall establish and 
maintain a body-worn camera training toolkit for law en-
forcement agencies, academia, and other relevant entities 
to provide training and technical assistance, including best 
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practices for implementation, model policies and proce-
dures, and research materials. 
‘‘(b) MECHANISM.—In establishing the toolkit re-
quired to under subsection (a), the Director may consoli-
date research, practices, templates, and tools that been de-
veloped by expert and law enforcement agencies across the 
country. 
‘‘SEC. 3053. STUDY. 
‘‘(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of the Police CAMERA Act of 2025, 
the Director shall conduct a study on— 
‘‘(1) the efficacy of body-worn cameras in deter-
ring excessive force by law enforcement officers; 
‘‘(2) the impact of body-worn cameras on the 
accountability and transparency of the use of force 
by law enforcement officers; 
‘‘(3) the impact of body-worn cameras on re-
sponses to and adjudications of complaints of exces-
sive force; 
‘‘(4) the effect of the use of body-worn cameras 
on the safety of law enforcement officers on patrol; 
‘‘(5) the effect of the use of body-worn cameras 
on public safety; 
‘‘(6) the impact of body-worn cameras on evi-
dence collection for criminal investigations; 
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‘‘(7) issues relating to the secure storage and 
handling of recorded data from the body-worn cam-
eras; 
‘‘(8) issues relating to the privacy of individuals 
and officers recorded on body-worn cameras; 
‘‘(9) issues relating to the constitutional rights 
of individuals on whom facial recognition technology 
is used; 
‘‘(10) issues relating to limitations on the use 
of facial recognition technology; 
‘‘(11) issues relating to the public’s access to 
body-worn camera footage; 
‘‘(12) the need for proper training of law en-
forcement officers that use body-worn cameras; 
‘‘(13) best practices in the development of pro-
tocols for the safe and effective use of body-worn 
cameras; 
‘‘(14) a review of law enforcement agencies that 
found body-worn cameras to be unhelpful in the op-
erations of the agencies; and 
‘‘(15) any other factors that the Director deter-
mines are relevant in evaluating the efficacy of body- 
worn cameras. 
‘‘(b) REPORT.—Not later than 180 days after the 
date on which the study required under subsection (a) is 
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completed, the Director shall submit to Congress a report 
on the study, which shall include any policy recommenda-
tions that the Director considers appropriate.’’. 
TITLE IV—CLOSING THE LAW 
ENFORCEMENT 
CONSENT 
LOOPHOLE 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Closing the Law En-
forcement Consent Loophole Act of 2025’’. 
SEC. 402. 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, including an individual who is under 
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arrest, in detention, or otherwise in the actual cus-
tody 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 
(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) 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. 403. ENACTMENT OF LAWS PENALIZING ENGAGING IN 
SEXUAL ACTS WHILE ACTING UNDER COLOR 
OF LAW. 
(a) IN GENERAL.—Beginning in the first fiscal year 
that begins after the date that is one year after the date 
of enactment of this Act, in the case of a State or unit 
of local government that does not have in effect a law de-
scribed in subsection (b), if that State or unit of local gov-
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ernment that would otherwise receive funds under the 
COPS grant program, that State or unit of local govern-
ment shall not be eligible to receive such funds. In the 
case of a multi-jurisdictional or regional consortium, if any 
member of that consortium is a State or unit of local gov-
ernment that does not have in effect a law described in 
subsection (b), if that consortium would otherwise receive 
funds under the COPS grant program, that consortium 
shall not be eligible to receive such funds. 
(b) DESCRIPTION OF LAW.—A law described in this 
subsection is a law that— 
(1) makes it a criminal offense for any person 
acting under color of law of the State or unit of local 
government to engage in a sexual act with an indi-
vidual, including 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 con-
sent of the other individual as a defense. 
(c) REPORTING REQUIREMENT.—A State or unit of 
local government that receives a grant under the COPS 
grant program shall submit to the Attorney General, on 
an annual basis, information on— 
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(1) the number of reports made to law enforce-
ment agencies in that State or unit of local govern-
ment 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. 
SEC. 404. 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 403(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 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. 
(b) REPORT BY GAO.—Not later than 1 year after 
the date of enactment of this Act, and each year there-
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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 402, committed during the 1-year period covered 
by the report. 
SEC. 405. DEFINITION. 
In this title, the term ‘‘sexual act’’ has the meaning 
given the term in section 2246 of title 18, United States 
Code. 
TITLE V—MISCELLANEOUS 
PROVISIONS 
SEC. 501. SEVERABILITY. 
If any provision of this Act, or the application of such 
a provision to any person or circumstance, is held to be 
unconstitutional, the remainder of this Act and the appli-
cation of the remaining provisions of this Act to any per-
son or circumstance shall not be affected thereby. 
SEC. 502. SAVINGS CLAUSE. 
Nothing in this Act shall be construed— 
(1) to limit legal or administrative remedies 
under section 1979 of the Revised Statutes of the 
United States (42 U.S.C. 1983), section 210401 of 
the Violent Crime Control and Law Enforcement 
Act of 1994 (34 U.S.C. 12601), title I of the Omni-
bus Crime Control and Safe Streets Act of 1968 (34 
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U.S.C. 10101 et seq.), or title VI of the Civil Rights 
Act of 1964 (42 U.S.C. 2000d et seq.); 
(2) to affect any Federal, State, or Tribal law 
that applies to an Indian Tribe because of the polit-
ical status of the Tribe; or 
(3) to waive the sovereign immunity of an In-
dian Tribe without the consent of the Tribe. 
Æ 
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