(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. 
TITLE IX—CLOSING THE LAW 
ENFORCEMENT 
CONSENT 
LOOPHOLE ACT 
SEC. 901. 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’’; 
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(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 
(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; 
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(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: 
‘‘(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.’’. 
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