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. NOR-
TON, Mrs. AXNE, Ms. SCANLON, Mr. RASKIN, Mr. ESPAILLAT, Mr. LAN-
GEVIN, Ms. MOORE of Wisconsin, Mr. MCGOVERN, Ms. CHU, Mr. KIL-
MER, 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Closing the Law En-
forcement Consent Loophole Act of 2021’’. 
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SEC. 2. 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 who is under arrest, in detention, or 
otherwise in the actual 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: 
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‘‘(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.’’. 
SEC. 3. 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-
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scribed in subsection (b), if that State or unit of local gov-
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 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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