128 
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 
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— 
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‘‘(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 
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. 
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‘‘SEC. 3053. STUDY. 
‘‘(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of the Police CAMERA Act of 2021, 
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; 
‘‘(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; 
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‘‘(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 
completed, the Director shall submit to Congress a report 
on the study, which shall include any policy recommenda-
tions that the Director considers appropriate.’’. 
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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 2021’’. 
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 
arrest, in detention, or otherwise in the actual cus-
tody of any Federal law enforcement officer, shall be 
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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) 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: 
‘‘(7) the term ‘Federal law enforcement officer’ 
has the meaning given the term in section 115.’’. 
(c) 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.’’. 
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(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— 
(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 
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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-
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. 
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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 
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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