34 U.S.C. § 60106 — Incentives for States

(a) Authority to make grants. The Attorney General may give grants to states that have a law making it a crime for anyone acting under state authority to knowingly have a sexual act with a person who is under arrest, detained, or otherwise in a law enforcement officer's custody. That state law must also stop the accused person from using the other person's "consent" as a legal defense. (b) Reporting requirement. A state that gets a grant must report to the Attorney General every year on: (1) how many reports were made to law enforcement in that state about sexual acts by someone acting under state authority during the past year; and (2) what happened in each case where sexual misconduct by someone acting under state authority was reported that year. (c) Application. A state applies to the Attorney General in whatever form, manner, and with whatever information the Attorney General reasonably requires, including proof of the law described in (a). (d) Grant amount. A state's grant cannot be more than 10 percent of the average of its last 3 awards under two specific grant programs: (1) the STOP Violence Against Women Formula Grant Program; and (2) the Sexual Assault Services Program (section 12511 of this title). (e) Grant term. (1) In general. The Attorney General increases the state's funding under those two grant programs for a 2-year period. (2) Renewal. A state may apply to renew the grant, in whatever form and manner the Attorney General reasonably requires. (3) Limit. A state cannot get this grant for more than 4 years total. (f) Uses of funds. A state must spend the grant money as follows: (1) 25 percent on permitted uses under the STOP grant program; and (2) 75 percent on permitted uses under the Sexual Assault Services Program. (g) Authorization of appropriations. Congress can spend up to $5,000,000 a year on this program for fiscal years 2023 through 2027. (h) Definition. "State" here means each of the 50 states, the District of Columbia, Indian Tribes, Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands.