148 
ments under the Prison Rape Elimination Act of 
2003 (42 U.S.C. 15601 et seq.).’’. 
(c) SUBSTANCE ABUSE TREATMENT.—Section 3621(e) 
of title 18, United States Code, is amended by adding at 
the end the following: 
‘‘(7) ELIGIBILITY OF PRIMARY CARETAKER PAR-
ENTS AND PREGNANT WOMEN.—The Director of the 
Bureau of Prisons may not prohibit an eligible pris-
oner who is a primary caretaker parent (as defined 
in section 4050) or pregnant from participating in a 
program of residential substance abuse treatment pro-
vided under paragraph (1) on the basis of a failure 
by the eligible prisoner, before being committed to the 
custody of the Bureau of Prisons, to disclose to any 
official of the Bureau of Prisons that the prisoner had 
a substance abuse problem on or before the date on 
which the eligible prisoner was committed to the cus-
tody of the Bureau of Prisons.’’. 
(d) IMPLEMENTATION DATE.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Director of the 
Bureau of Prisons shall implement this section and 
the amendments made by this section. 
(2) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Director of the Bu-
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reau of Prisons shall submit to the Committee on the 
Judiciary of the Senate and the Committee on the Ju-
diciary of the House of Representatives a report on 
the implementation of this section and the amend-
ments made by this section. 
(e) TECHNICAL AND CONFORMING AMENDMENT.—The 
table of sections for chapter 303 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘4050. Treatment of primary caretaker parents and other individuals.’’. 
SEC. 1102. PUBLIC HEALTH AND SAFETY OF WOMEN. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Stop Infant Mortality And Recidivism Reduction Act’’ or 
the ‘‘SIMARRA Act’’. 
(b) ESTABLISHMENT.—Not later than 270 days after 
the date of the enactment of this section, the Director of 
the Federal Bureau of Prisons (in this section referred to 
as the ‘‘Director’’) shall establish a pilot program (in this 
section referred to as the ‘‘Program’’) in accordance with 
this section to permit women incarcerated in Federal pris-
ons and the children born to such women during incarcer-
ation to reside together while the inmate serves a term of 
imprisonment in a separate housing wing of the prison. 
(c) PURPOSES.—The purposes of this section are to— 
(1) prevent infant mortality among infants born 
to incarcerated mothers and greatly reduce the trau-
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ma and stress experienced by the unborn fetuses of 
pregnant inmates; 
(2) reduce the recidivism rates of federally incar-
cerated women and mothers, and enhance public safe-
ty by improving the effectiveness of the Federal prison 
system for women as a population with special needs; 
(3) establish female offender risk and needs as-
sessment as the cornerstones of a more effective and 
efficient Federal prison system; 
(4) implement a validated post-sentencing risk 
and needs assessment system that relies on dynamic 
risk factors to provide Federal prison officials with a 
roadmap to address the pre- and post-natal needs of 
Federal pregnant offenders, manage limited resources, 
and enhance public safety; 
(5) perform regular outcome evaluations of the 
effectiveness of programs and interventions for feder-
ally incarcerated pregnant women and mothers to as-
sure that such programs and interventions are evi-
dence-based and to suggest changes, deletions, and ex-
pansions based on the results of such evaluations; and 
(6) assist the Department of Justice to address 
the underlying cost structure of the Federal prison 
system and ensure that the Department can continue 
to run prison nurseries safely and securely without 
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compromising the scope or quality of the Depart-
ment’s critical health, safety and law enforcement 
missions. 
(d) DUTIES OF THE DIRECTOR OF BUREAU OF PRIS-
ONS.— 
(1) IN GENERAL.—The Director shall carry out 
this section in consultation with— 
(A) a licensed and board-certified gyne-
cologist or obstetrician; 
(B) the Director of the Administrative Of-
fice of the United States Courts; 
(C) the Director of the Office of Probation 
and Pretrial Services; 
(D) the Director of the National Institute of 
Justice; and 
(E) the Secretary of Health and Human 
Services. 
(2) DUTIES.—The Director shall, in accordance 
with paragraph (3)— 
(A) develop an offender risk and needs as-
sessment system particular to the health and sen-
sitivities of Federally incarcerated pregnant 
women and mothers in accordance with this sub-
section; 
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(B) develop recommendations regarding re-
cidivism reduction programs and productive ac-
tivities in accordance with subsection (c); 
(C) conduct ongoing research and data 
analysis on— 
(i) the best practices relating to the use 
of offender risk and needs assessment tools 
particular to the health and sensitivities of 
federally incarcerated pregnant women and 
mothers; 
(ii) the best available risk and needs 
assessment tools particular to the health 
and sensitivities of Federally incarcerated 
pregnant women and mothers and the level 
to which they rely on dynamic risk factors 
that could be addressed and changed over 
time, and on measures of risk of recidivism, 
individual needs, and responsiveness to re-
cidivism reduction programs; 
(iii) the most effective and efficient 
uses of such tools in conjunction with re-
cidivism reduction programs, productive ac-
tivities, incentives, and rewards; and 
(iv) which recidivism reduction pro-
grams are the most effective— 
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(I) for Federally incarcerated 
pregnant women and mothers classified 
at different recidivism risk levels; and 
(II) for addressing the specific 
needs of Federally incarcerated preg-
nant women and mothers; 
(D) on a biennial basis, review the system 
developed under subparagraph (A) and the rec-
ommendations developed under subparagraph 
(B), using the research conducted under subpara-
graph (C), to determine whether any revisions or 
updates should be made, and if so, make such re-
visions or updates; 
(E) hold periodic meetings with the individ-
uals listed in paragraph (1) at intervals to be 
determined by the Director; and 
(F) report to Congress in accordance with 
subsection (i). 
(3) METHODS.—In carrying out the duties under 
paragraph (2), the Director shall— 
(A) consult relevant stakeholders; and 
(B) make decisions using data that is based 
on the best available statistical and empirical 
evidence. 
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(e) ELIGIBILITY.—An inmate may apply to partici-
pate in the Program if the inmate— 
(1) is pregnant at the beginning of or during the 
term of imprisonment; and 
(2) is in the custody or control of the Federal 
Bureau of Prisons. 
(f) PROGRAM TERMS.— 
(1) TERM
OF
PARTICIPATION.—To correspond 
with the purposes and goals of the Program to pro-
mote bonding during the critical stages of child devel-
opment, an eligible inmate selected for the Program 
may participate in the Program, subject to subsection 
(g), until the earliest of— 
(A) the date that the inmate’s term of im-
prisonment terminates; 
(B) the date the infant fails to meet any 
medical criteria established by the Director or 
the Director’s designee along with a collective de-
termination of the persons listed in subsection 
(d)(1); or 
(C) 30 months. 
(2) INMATE REQUIREMENTS.—For the duration 
of an inmate’s participation in the Program, the in-
mate shall agree to— 
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(A) take substantive steps towards acting in 
the role of a parent or guardian to any child of 
that inmate; 
(B) participate in any educational or coun-
seling opportunities established by the Director, 
including topics such as child development, par-
enting skills, domestic violence, vocational train-
ing, or substance abuse, as appropriate; 
(C) abide by any court decision regarding 
the legal or physical custody of the child; 
(D) transfer to the Federal Bureau of Pris-
ons any child support payments for the infant of 
the participating inmate from any person or 
governmental entity; and 
(E) specify a person who has agreed to take 
at least temporary custody of the child if the in-
mate’s participation in the Program terminates 
before the inmate’s release. 
(g) CONTINUITY OF CARE.—The Director shall take 
appropriate actions to prevent detachment or disruption of 
either an inmate’s or infant’s health and bonding-based 
well-being due to termination of the Program. 
(h) REPORTING.— 
(1) IN GENERAL.—Not later than 6 months after 
the date of the enactment of this section and once each 
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year thereafter for 5 years, the Director shall submit 
a report to the Congress with regards to progress in 
implementing the Program. 
(2) FINAL REPORT.—Not later than 6 months 
after the termination of the Program, the Director 
shall issue a final report to the Congress that contains 
a detailed statement of the Director’s findings and 
conclusions, including recommendations for legisla-
tion, administrative actions, and regulations the Di-
rector considers appropriate. 
(i) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there is authorized to be appropriated 
$10,000,000 for each of fiscal years 2020 through 2024. 
TITLE XII—LAW ENFORCEMENT 
TOOLS TO ENHANCE PUBLIC 
SAFETY 
SEC. 1201. NOTIFICATION TO LAW ENFORCEMENT AGEN-
CIES OF PROHIBITED PURCHASE OR AT-
TEMPTED PURCHASE OF A FIREARM. 
(a) IN GENERAL.—Title I of the NICS Improvement 
Amendments Act of 2007 (18 U.S.C. 922 note) is amended 
by adding at the end the following: 
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‘‘SEC. 108. NOTIFICATION TO LAW ENFORCEMENT AGEN-
CIES OF PROHIBITED PURCHASE OF A FIRE-
ARM. 
‘‘(a) IN GENERAL.—In the case of a background check 
conducted by the National Instant Criminal Background 
Check System pursuant to the request of a licensed im-
porter, licensed manufacturer, or licensed dealer of firearms 
(as such terms are defined in section 921 of title 18, United 
States Code), which background check determines that the 
receipt of a firearm by a person would violate subsection 
(g)(8), (g)(9), or (g)(10) of section 922 of title 18, United 
States Code, and such determination is made after 3 busi-
ness days have elapsed since the licensee contacted the Sys-
tem and a firearm has been transferred to that person, the 
System shall notify the law enforcement agencies described 
in subsection (b). 
‘‘(b) LAW ENFORCEMENT AGENCIES DESCRIBED.— 
The law enforcement agencies described in this subsection 
are the law enforcement agencies that have jurisdiction over 
the location from which the licensee contacted the system 
and the law enforcement agencies that have jurisdiction 
over the location of the residence of the person for which 
the background check was conducted, as follows: 
‘‘(1) The field office of the Federal Bureau of In-
vestigation. 
‘‘(2) The local law enforcement agency. 
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‘‘(3) The State law enforcement agency. 
‘‘(4) The Tribal law enforcement agency.’’. 
(b) CLERICAL AMENDMENT.—The table of contents of 
the NICS Improvement Amendments Act of 2007 (18 10 
U.S.C. 922 note) is amended by inserting after the item 
relating to section 106 the following: 
‘‘Sec. 108. Notification to law enforcement agencies of prohibited purchase of a 
firearm.’’. 
SEC. 1202. REPORTING OF BACKGROUND CHECK DENIALS 
TO STATE, LOCAL, AND TRIBAL AUTHORITIES. 
(a) IN GENERAL.—Chapter 44 of title 18, United 
States Code, is amended by inserting after section 925A the 
following: 
‘‘§ 925B. Reporting of background check denials to 
State, local, and tribal authorities 
‘‘(a) IN GENERAL.—If the national instant criminal 
background check system established under section 103 of 
the Brady Handgun Violence Prevention Act (18 U.S.C. 
922 note) provides a notice pursuant to section 922(t) of 
this title that the receipt of a firearm by a person would 
violate subsection (g)(8), (g)(9), or (g)(10) of section 922 
of this title or State law, the Attorney General shall, in 
accordance with subsection (b) of this section— 
‘‘(1) report to the law enforcement authorities of 
the State where the person sought to acquire the fire-
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arm and, if different, the law enforcement authorities 
of the State of residence of the person— 
‘‘(A) that the notice was provided; 
‘‘(B) of the specific provision of law that 
would have been violated; 
‘‘(C) of the date and time the notice was 
provided; 
‘‘(D) of the location where the firearm was 
sought to be acquired; and 
‘‘(E) of the identity of the person; and 
‘‘(2) report the incident to local or tribal law en-
forcement authorities and, where practicable, State, 
tribal, or local prosecutors, in the jurisdiction where 
the firearm was sought and in the jurisdiction where 
the person resides. 
‘‘(b) REQUIREMENTS FOR REPORT.—A report is made 
in accordance with this subsection if the report is made 
within 24 hours after the provision of the notice described 
in subsection (a), except that the making of the report may 
be delayed for so long as is necessary to avoid compromising 
an ongoing investigation. 
‘‘(c) RULE OF CONSTRUCTION.—Nothing in subsection 
(a) shall be construed to require a report with respect to 
a person to be made to the same State authorities that origi-
nally issued the notice with respect to the person.’’. 
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(b) CLERICAL AMENDMENT.—The table of sections for 
such chapter is amended by inserting after the item relating 
to section 925A the following: 
‘‘925B. Reporting of background check denials to state, local, and tribal authori-
ties.’’. 
SEC. 1203. SPECIAL ASSISTANT U.S. ATTORNEYS AND 
CROSS-DEPUTIZED ATTORNEYS. 
(a) IN GENERAL.—Chapter 44 of title 18, United 
States Code, as amended by this Act, is further amended 
by inserting after section 925B the following: 
‘‘§ 925C. Special assistant U.S. attorneys and cross- 
deputized attorneys 
‘‘(a) IN GENERAL.—In order to improve the enforce-
ment of paragraphs (8), (9), and (10) of section 922(g), the 
Attorney General may— 
‘‘(1) appoint, in accordance with section 543 of 
title 28, qualified State, tribal, territorial and local 
prosecutors and qualified attorneys working for the 
United States government to serve as special assistant 
United States attorneys for the purpose of prosecuting 
violations of such paragraphs; 
‘‘(2) deputize State, tribal, territorial and local 
law enforcement officers for the purpose of enhancing 
the capacity of the agents of the Bureau of Alcohol, 
Tobacco, Firearms, and Explosives in responding to 
and investigating violations of such paragraphs; and 
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‘‘(3) establish, in order to receive and expedite 
requests for assistance from State, tribal, territorial 
and local law enforcement agencies responding to in-
timate partner violence cases where such agencies 
have probable cause to believe that the offenders may 
be in violation of such paragraphs, points of contact 
within— 
‘‘(A) each Field Division of the Bureau of 
Alcohol, Tobacco, Firearms, and Explosives; and 
‘‘(B) each District Office of the United 
States Attorneys. 
‘‘(b) IMPROVE INTIMATE PARTNER AND PUBLIC SAFE-
TY.—The Attorney General shall— 
‘‘(1) identify no less than 75 jurisdictions among 
States, territories and tribes where there are high 
rates of firearms violence and threats of firearms vio-
lence against intimate partners and other persons 
protected under paragraphs (8), (9), and (10) of sec-
tion 922(g) and where local authorities lack the re-
sources to address such violence; and 
‘‘(2) make such appointments as described in 
subsection (a) in jurisdictions where enhanced en-
forcement of such paragraphs is necessary to reduce 
firearms homicide and injury rates. 
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‘‘(c) QUALIFIED DEFINED.—For purposes of this sec-
tion, the term ‘qualified’ means, with respect to an attorney, 
that the attorney is a licensed attorney in good standing 
with any relevant licensing authority.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for 
such chapter is amended by inserting after the item relating 
to section 925B the following: 
‘‘925C. Special assistant U.S. attorneys and cross-deputized attorneys.’’. 
TITLE XIII—CLOSING THE LAW 
ENFORCEMENT 
CONSENT 
LOOPHOLE 
SEC. 1301. SHORT TITLE. 
This title may be cited as the ‘‘Closing the Law En-
forcement Consent Loophole Act of 2019’’. 
SEC. 1302. 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: 
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‘‘(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 in-
dividual, including an individual who is under ar-
rest, 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 section 
2246.’’; and 
(4) in subsection (d), as so redesignated, by add-
ing 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: 
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‘‘(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. 1303. INCENTIVES FOR STATES. 
(a) AUTHORITY
TO MAKE GRANTS.—The Attorney 
General is authorized to make grants to States that have 
in effect a law that— 
(1) makes it a criminal offense for any person 
acting under color of law of the State to engage in a 
sexual act with an individual, including 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 consent 
of the other individual as a defense. 
(b) REPORTING REQUIREMENT.—A State that receives 
a grant under this section shall submit to the Attorney Gen-
eral, on an annual basis, information on— 
(1) the number of reports made to law enforce-
ment agencies in that State regarding persons engag-
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ing 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. 
(c) APPLICATION.—A State seeking a grant under this 
section shall submit an application to the Attorney General 
at such time, in such manner, and containing such infor-
mation as the Attorney General may reasonably require, 
including information about the law described in subsection 
(a). 
(d) GRANT AMOUNT.—The amount of a grant to a 
State under this section shall be in an amount that is not 
greater than 10 percent of the average of the total amount 
of funding of the 3 most recent awards that the State re-
ceived under the following grant programs: 
(1) Part T of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (34 U.S.C. 10441 
et seq.) (commonly referred to as the ‘‘STOP Violence 
Against Women Formula Grant Program’’). 
(2) Section 41601 of the Violence Against Women 
Act of 1994 (34 U.S.C. 12511) (commonly referred to 
as the ‘‘Sexual Assault Services Program’’). 
(e) GRANT TERM.— 
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(1) IN GENERAL.—The Attorney General shall 
provide an increase in the amount provided to a 
State under the grant programs described in sub-
section (d) for a 2-year period. 
(2) RENEWAL.—A State that receives a grant 
under this section may submit an application for a 
renewal of such grant at such time, in such manner, 
and containing such information as the Attorney 
General may reasonably require. 
(3) LIMIT.—A State may not receive a grant 
under this section for more than 4 years. 
(f) USES OF FUNDS.—A State that receives a grant 
under this section shall use— 
(1) 25 percent of such funds for any of the per-
missible uses of funds under the grant program de-
scribed in paragraph (1) of subsection (d); and 
(2) 75 percent of such funds for any of the per-
missible uses of funds under the grant program de-
scribed in paragraph (2) of subsection (d). 
(g) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to carry out this chapter 
$5,000,000 for each of fiscal years 2020 through 2024. 
(h) DEFINITION.—For purposes of this section, the 
term ‘‘State’’ means each of the several States and the Dis-
trict of Columbia, Indian Tribes, and the Commonwealth 
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of Puerto Rico, Guam, American Samoa, the Virgin Is-
lands, and the Northern Mariana Islands. 
SEC. 1304. 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 Con-
gress a report containing— 
(1) the information required to be reported to the 
Attorney General under section 3(b); and 
(2) information on— 
(A) the number of reports made, during the 
previous year, to Federal law enforcement agen-
cies 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 thereafter, 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 2, com-
mitted during the 1-year period covered by the report. 
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SEC. 1305. DEFINITION. 
In this title, the term ‘‘sexual act’’ has the meaning 
given the term in section 2246 of title 18, United States 
Code. 
TITLE XIV—OTHER MATTERS 
SEC. 1401. NATIONAL STALKER AND DOMESTIC VIOLENCE 
REDUCTION. 
Section 40603 of the Violent Crime Control and Law 
Enforcement Act of 1994 (34 U.S.C. 12402) is amended by 
striking ‘‘2014 through 2018’’ and inserting ‘‘2020 through 
2024’’. 
SEC. 1402. FEDERAL VICTIM ASSISTANTS REAUTHORIZA-
TION. 
Section 40114 of the Violence Against Women Act of 
1994 (Public Law 103–322) is amended to read as follows: 
‘‘SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM’S 
COUNSELORS. 
‘‘There are authorized to be appropriated for the 
United States Attorneys for the purpose of appointing vic-
tim/witness counselors for the prosecution of sex crimes and 
domestic violence crimes where applicable (such as the Dis-
trict of Columbia), $1,000,000 for each of fiscal years 2020 
through 2024.’’. 
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169 
SEC. 1403. CHILD ABUSE TRAINING PROGRAMS FOR JUDI-
CIAL PERSONNEL AND PRACTITIONERS RE-
AUTHORIZATION. 
Section 224(a) of the Crime Control Act of 1990 (34 
U.S.C. 20334(a)) is amended by striking ‘‘2014 through 
2018’’ and inserting ‘‘2020 through 2024’’. 
SEC. 1404. SEX OFFENDER MANAGEMENT. 
Section 40152(c) of the Violent Crime Control and 
Law Enforcement Act of 1994 (34 U.S.C. 12311(c)) is 
amended by striking ‘‘2014 through 2018’’ and inserting 
‘‘2020 through 2024’’. 
SEC. 1405. COURT-APPOINTED SPECIAL ADVOCATE PRO-
GRAM. 
Section 219(a) of the Crime Control Act of 1990 (34 
U.S.C. 20324(a)) is amended by striking ‘‘2014 through 
2018’’ and inserting ‘‘2020 through 2024’’. 
SEC. 1406. RAPE KIT BACKLOG. 
Section 2(j) of the DNA Analysis Backlog Elimination 
Act of 2000 (34 U.S.C. 40701) is amended by striking 
‘‘2015 through 2019’’ and inserting ‘‘2020 through 2024’’. 
SEC. 1407. SEXUAL ASSAULT FORENSIC EXAM PROGRAM 
GRANTS. 
Section 304(d) of the DNA Sexual Assault Justice Act 
of 2004 (34 U.S.C. 40723(d)) is amended by striking ‘‘2015 
through 2019’’ and inserting ‘‘2020 through 2024’’. 
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Union Calendar No. 7 
116TH CONGRESS 
1ST SESSION 
H. R. 1585 
[Report No. 116–21, Part I] 
A BILL 
To reauthorize the Violence Against Women Act of 
1994, and for other purposes. 
MARCH 27, 2019 
Reported from the Committee on the Judiciary with an 
amendment 
MARCH 27, 2019 
Committees on Energy and Commerce, Financial Serv-
ices, Ways and Means, Education and Labor, Natural 
Resources, and Veterans’ Affairs discharged; com-
mitted to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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