I 

117TH CONGRESS 

1ST SESSION H. R. 2172 

To amend title 18, United States Code, to prohibit law enforcement officers 

from engaging in sexual activity with persons in custody, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 23, 2021 

Ms. SPEIER (for herself, Mr. JOYCE of Ohio, Ms. LEE of California, Ms. NORTON, Mrs. AXNE, Ms. SCANLON, Mr. RASKIN, Mr. ESPAILLAT, Mr. LANGEVIN, Ms. MOORE of Wisconsin, Mr. MCGOVERN, Ms. CHU, Mr. KILMER, Mr. BLUMENAUER, Mr. GONZALEZ of Ohio, Ms. ADAMS, Ms. 

ESHOO, Ms. VELA ́ZQUEZ, Mrs. HAYES, Mr. MEEKS, Mr. SAN NICOLAS, 

Mr. GARCI ́A of Illinois, Mr. CASTEN, Ms. HOULAHAN, and Mr. KATKO) 

introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL 

To amend title 18, United States Code, to prohibit law 

enforcement officers from engaging in sexual activity 

with persons in custody, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Closing the Law En5 forcement Consent Loophole Act of 2021’’. 


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1 SEC. 2. PROHIBITION ON ENGAGING IN SEXUAL ACTS 

2 WHILE ACTING UNDER COLOR OF LAW. 

3 (a) IN GENERAL.—Section 2243 of title 18, United 

4 States Code, is amended— 

5 (1) in the section heading, by adding at the end 

6 the following: ‘‘or by any person acting 

7 under color of law’’; 

8 (2) by redesignating subsections (c) and (d) as 

9 subsections (d) and (e), respectively; 

10 (3) by inserting after subsection (b) the fol11 lowing: 

12 ‘‘(c) OF AN INDIVIDUAL BY ANY PERSON ACTING

13 UNDER COLOR OF LAW.— 

14 ‘‘(1) IN GENERAL.—Whoever, acting under 

15 color of law, knowingly engages in a sexual act with 

16 an individual who is under arrest, in detention, or 

17 otherwise in the actual custody of any Federal law 

18 enforcement officer, shall be fined under this title, 

19 imprisoned not more than 15 years, or both. 

20 ‘‘(2) DEFINITION.—In this subsection, the term 

21 ‘sexual act’ has the meaning given the term in sec22 tion 2246.’’; and 

23 (4) in subsection (d), as so redesignated, by 

24 adding at the end the following: 


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1 ‘‘(3) In a prosecution under subsection (c), it is not 

2 a defense that the other individual consented to the sexual 

3 act.’’. 

4 (b) DEFINITION.—Section 2246 of title 18, United 

5 States Code, is amended— 

6 (1) in paragraph (5), by striking ‘‘and’’ at the 

7 end; 

8 (2) in paragraph (6), by striking the period at 

9 the end and inserting ‘‘; and’’; and 

10 (3) by inserting after paragraph (6) the fol11 lowing: 

12 ‘‘(7) the term ‘Federal law enforcement officer’ 

13 has the meaning given the term in section 115.’’. 

14 (c) CLERICAL AMENDMENT.—The table of sections 

15 for chapter 109A of title 18, United States Code, is 

16 amended by amending the item related to section 2243 

17 to read as follows: 

‘‘2243. Sexual abuse of a minor or ward or by any person acting under color 

of law.’’. 

18 SEC. 3. ENACTMENT OF LAWS PENALIZING ENGAGING IN 

19 SEXUAL ACTS WHILE ACTING UNDER COLOR 

20 OF LAW. 

21 (a) IN GENERAL.—Beginning in the first fiscal year 

22 that begins after the date that is one year after the date 

23 of enactment of this Act, in the case of a State or unit 

24 of local government that does not have in effect a law deVerDate Sep 11 2014 01:01 May 21, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2172.IH H2172

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1 scribed in subsection (b), if that State or unit of local gov2 ernment that would otherwise receive funds under the 

3 COPS grant program, that State or unit of local govern4 ment shall not be eligible to receive such funds. In the 

5 case of a multi-jurisdictional or regional consortium, if any 

6 member of that consortium is a State or unit of local gov7 ernment that does not have in effect a law described in 

8 subsection (b), if that consortium would otherwise receive 

9 funds under the COPS grant program, that consortium 

10 shall not be eligible to receive such funds. 

11 (b) DESCRIPTION OF LAW.—A law described in this 

12 subsection is a law that— 

13 (1) makes it a criminal offense for any person 

14 acting under color of law of the State or unit of local 

15 government to engage in a sexual act with an indi16 vidual who is under arrest, in detention, or otherwise 

17 in the actual custody of any law enforcement officer; 

18 and 

19 (2) prohibits a person charged with an offense 

20 described in paragraph (1) from asserting the con21 sent of the other individual as a defense. 

22 (c) REPORTING REQUIREMENT.—A State or unit of 

23 local government that receives a grant under the COPS 

24 grant program shall submit to the Attorney General, on 

25 an annual basis, information on— 


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1 (1) the number of reports made to law enforce2 ment agencies in that State or unit of local govern3 ment regarding persons engaging in a sexual act 

4 while acting under color of law during the previous 

5 year; and 

6 (2) the disposition of each case in which sexual 

7 misconduct by a person acting under color of law 

8 was reported during the previous year. 

9 SEC. 4. REPORTS TO CONGRESS. 

10 (a) REPORT BY ATTORNEY GENERAL.—Not later 

11 than 1 year after the date of enactment of this Act, and 

12 each year thereafter, the Attorney General shall submit 

13 to Congress a report containing— 

14 (1) the information required to be reported to 

15 the Attorney General under section 403(b); and 

16 (2) information on— 

17 (A) the number of reports made, during 

18 the previous year, to Federal law enforcement 

19 agencies regarding persons engaging in a sexual 

20 act while acting under color of law; and 

21 (B) the disposition of each case in which 

22 sexual misconduct by a person acting under 

23 color of law was reported. 

24 (b) REPORT BY GAO.—Not later than 1 year after 

25 the date of enactment of this Act, and each year thereVerDate Sep 11 2014 01:01 May 21, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2172.IH H2172

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1 after, the Comptroller General of the United States shall 

2 submit to Congress a report on any violations of section 

3 2243(c) of title 18, United States Code, as amended by 

4 section 402, committed during the 1-year period covered 

5 by the report. 

6 SEC. 5. DEFINITION. 

7 In this Act, the term ‘‘sexual act’’ has the meaning 

8 given the term in section 2246 of title 18, United States 

9 Code. 

Æ 


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