69–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–893 

RAPID DNA ACT OF 2016 

DECEMBER 23, 2016.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. GOODLATTE, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H.R. 320] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 320) to establish a system for integration of Rapid DNA instruments for use by law enforcement to reduce violent crime and 

reduce the current DNA analysis backlog, having considered the 

same, reports favorably thereon with an amendment and recommends that the bill as amended do pass. 

CONTENTS 

Page 

The Amendment ...................................................................................................... 1 

Purpose and Summary ............................................................................................ 2 

Background and Need for the Legislation ............................................................. 2 

Hearings ................................................................................................................... 3 

Committee Consideration ........................................................................................ 3 

Committee Votes ...................................................................................................... 4 

Committee Oversight Findings ............................................................................... 4 

New Budget Authority and Tax Expenditures ...................................................... 4 

Congressional Budget Office Cost Estimate .......................................................... 4 

Duplication of Federal Programs ............................................................................ 5 

Disclosure of Directed Rule Makings ..................................................................... 5 

Performance Goals and Objectives ......................................................................... 5 

Advisory on Earmarks ............................................................................................. 5 

Section-by-Section Analysis .................................................................................... 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 6 

The Amendment 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
2 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Rapid DNA Act of 2016’’. 

SEC. 2. RAPID DNA INSTRUMENTS. 

(a) STANDARDS.—Section 210303(a) of the DNA Identification Act of 1994 (42 

U.S.C. 14131(a)) is amended by adding at the end the following: 

‘‘(5)(A) In addition to issuing standards as provided in paragraphs (1) through 

(4), the Director of the Federal Bureau of Investigation shall issue standards 

and procedures for the use of Rapid DNA instruments and resulting DNA analyses. 

‘‘(B) In this Act, the term ‘Rapid DNA instruments’ means instrumentation 

that carries out a fully automated process to derive a DNA analysis from a DNA 

sample.’’. 

(b) INDEX.—Paragraph (2) of section 210304(b) of the DNA Identification Act of 

1994 (42 U.S.C. 14132(b)(2)) is amended to read as follows: 

‘‘(2) prepared by— 

‘‘(A) laboratories that— 

‘‘(i) have been accredited by a nonprofit professional association of 

persons actively involved in forensic science that is nationally recognized within the forensic science community; and 

‘‘(ii) undergo external audits, not less than once every 2 years, that 

demonstrate compliance with standards established by the Director of 

the Federal Bureau of Investigation; or 

‘‘(B) criminal justice agencies using Rapid DNA instruments approved by 

the Director of the Federal Bureau of Investigation in compliance with the 

standards and procedures issued by the Director under section 210303(a)(5); 

and’’. 

SEC. 3. CONFORMING AMENDMENTS RELATING TO COLLECTION OF DNA IDENTIFICATION INFORMATION. 

(a) FROM CERTAIN FEDERAL OFFENDERS.—Section 3 of the DNA Analysis Backlog 

Elimination Act of 2000 (42 U.S.C. 14135a) is amended— 

(1) in subsection (b), by adding at the end the following: ‘‘The Director of the 

Federal Bureau of Investigation may waive the requirements under this subsection if DNA samples are analyzed by means of Rapid DNA instruments and 

the results are included in CODIS.’’; and 

(2) in subsection (c), by adding at the end the following: 

‘‘(3) The term ‘Rapid DNA instruments’ means instrumentation that carries 

out a fully automated process to derive a DNA analysis from a DNA sample.’’. 

(b) FROM CERTAIN DISTRICT OF COLUMBIA OFFENDERS.—Section 4 of the DNA 

Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135b) is amended— 

(1) in subsection (b), by adding at the end the following: ‘‘The Director of the 

Federal Bureau of Investigation may waive the requirements under this subsection if DNA samples are analyzed by means of Rapid DNA instruments and 

the results are included in CODIS.’’; and 

(2) in subsection (c), by adding at the end the following: 

‘‘(3) The term ‘Rapid DNA instruments’ means instrumentation that carries 

out a fully automated process to derive a DNA analysis from a DNA sample.’’. 

Purpose and Summary 

H.R. 320 will establish a system for integration of Rapid DNA instruments for use by law enforcement to reduce violent crime and 

reduce the current DNA analysis backlog. 

Background and Need for the Legislation 

The DNA Identification Act of 1994 established Federal DNA 

labs and authorized the FBI to begin compiling DNA information 

into a central database. This database is known as the National 

DNA Index System (NDIS) and the system for analyzing and communicating the data is known as the Combined DNA Index System 

(CODIS). The 1994 bill allowed DNA testing to be done by accredited state labs with results from state labs being uploaded to 

CODIS. 

DNA technology has advanced a great deal in the intervening 

years since the 1994 bill. What once took days or weeks to ascerVerDate Sep 11 2014 06:44 Dec 28, 2016 Jkt 069006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6601 E:\HR\OC\HR893.XXX HR893

smartinez on DSK3GLQ082PROD with REPORTS-HSE
3 

tain, DNA testing can now be completed in a matter of hours. 

There is current technology that allows for DNA testing and identification on a small, copier-sized machine in a number of hours. 

This is known as Rapid DNA technology. A DNA sample is taken— 

often times a cheek swab—placed into a cartridge that slides into 

the Rapid DNA machine, and reports back the DNA profile in approximately ninety minutes. The FBI, working with the forensics 

community, is hopeful that this technology can be used in a booking station, to help identify suspects in the same way a finger print 

is currently used. To be clear, Rapid DNA technology can only be 

used for identification purposes at this time, not crime scene analysis. 

Unfortunately, the 1994 act creating CODIS does not allow for 

the use of this technology since only state labs are allowed access 

to CODIS. Currently, booking stations have to send their DNA 

samples off to state labs and wait weeks for the results. This has 

created a backlog that impacts all crime investigations using 

forensics, not just forensics used for identification purposes. The 

short turnaround time of Rapid DNA would help to quickly eliminate potential suspects, help to capture those who have committed 

a previous crime and left DNA evidence, as well as free up current 

DNA profilers to do the advanced forensic DNA analysis such as 

crime scene analysis and rape-kits. The Rapid DNA Act would 

modify the current law regarding DNA testing and access to 

CODIS, which restricts it to only state labs. 

This bill would allow local police to submit DNA records that are 

generated by Rapid DNA systems outside an accredited laboratory 

to be uploaded to NDIS. Within one to 2 years following passage 

of this legislation, the FBI intends to develop and implement the 

necessary interfaces for booking stations to access CODIS. This will 

allow law enforcement agencies to determine if submitted DNA 

samples are a positive match or not within a matter of hours rather than the days or weeks that it currently takes. 

Hearings 

The Judiciary Committee’s Subcommittee on Crime, Terrorism, 

Homeland Security and Investigations held 1 day of hearings on 

H.R. 320 on June 18, 2015. Testimony was received from: 

1. Ms. Amy Hess, Executive Assistant Director of Science and 

Technology, Federal Bureau of Investigation. 

2. Ms. Jody Wolf, Assistant Crime Laboratory Administrator, 

Phoenix Police Department Crime Laboratory, President, 

American Society of Criminal Laboratory Directors 

3. Ms. Natasha Alexenko, Founder, Natasha’s Justice Project 

Committee Consideration 

On July 7, 2016, the Committee met in open session and ordered 

the bill H.R. 320 favorably reported, with an amendment, by voice 

vote, a quorum being present. 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
4 

Committee Votes 

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that there were 

no recorded votes during the Committee’s consideration of H.R. 

320. 

Committee Oversight Findings 

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

New Budget Authority and Tax Expenditures 

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

Congressional Budget Office Cost Estimate 

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 320, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, July 29, 2016. 

Hon. BOB GOODLATTE, CHAIRMAN, Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 320, the ‘‘Rapid DNA Act 

of 2016.’’ 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz, who 

can be reached at 226–2860. 

Sincerely, 

KEITH HALL, 

DIRECTOR. 

Enclosure 

cc: Honorable John Conyers, Jr. 

Ranking Member 

H.R. 320—Rapid DNA Act of 2016. 

As ordered reported by the House Committee on the Judiciary 

on July 7, 2016. 

H.R. 320 would direct the Federal Bureau of Investigation (FBI) 

to issue standards and procedures for the use of certain automated 

processes to analyze DNA samples. The agency is currently undertaking activities to prepare for increased use of such enhanced 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
5 

analyses. Based on information from the FBI, CBO estimates that 

enacting the bill would cost less than $500,000 annually; such 

spending would be subject to the availability of appropriated funds. 

Enacting the legislation would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. CBO estimates that enacting H.R. 320 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2027. 

H.R. 320 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

On June 14, 2016, CBO transmitted a cost estimate for S. 2348, 

the Rapid DNA Act of 2016, as ordered reported by the Senate 

Committee on the Judiciary on May 12, 2016. That legislation is 

similar to H.R. 320 and CBO’s estimates of the budgetary effects 

are the same. 

The CBO staff contact for this estimate is Mark Grabowicz. The 

estimate was approved by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

Duplication of Federal Programs 

No provision of H.R. 320 establishes or reauthorizes a program 

of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

Disclosure of Directed Rule Makings 

The Committee estimates that H.R. 320 specifically directs to be 

completed no specific rule makings within the meaning of 5 U.S.C. 

§ 551. 

Performance Goals and Objectives 

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, H.R. 320, is designed 

to establish a system for integration of Rapid DNA instruments for 

use by law enforcement to reduce violent crime and reduce the current DNA analysis backlog. 

Advisory on Earmarks 

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H.R. 320 does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(e), 9(f), or 9(g) of Rule XXI. 

Section-by-Section Analysis 

Section 1. Short Title. This section cites the short title of the bill 

as the ‘‘Rapid DNA Act of 2016.’’ 

Section 2. Rapid DNA Instruments. This section requires the Director of the FBI to issue standards and procedures for the use of 

Rapid DNA instruments and resulting analyses. It also amends the 

DNA Identification Act of 1994 to include laboratories that are 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
6 

independently accredited and undergo external audits not less than 

every 2 years. 

Section 3. Conforming Amendments Relating to Collection of DNA 

Identification Information. This section amends the DNA Analysis 

Backlog Elimination Act of 2000 by allowing the Director of the 

FBI to waive certain requirements under the Act if the DNA samples are analyzed by means of Rapid DNA instruments and the results are included in CODIS. 

Changes in Existing Law Made by the Bill, as Reported 

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

and existing law in which no change is proposed is shown in 

roman): 

DNA IDENTIFICATION ACT OF 1994 

* * * * * * * 

TITLE XXI—STATE AND LOCAL LAW 

ENFORCEMENT 

* * * * * * * 

Subtitle C—DNA Identification 

* * * * * * * 

SEC. 210303. QUALITY ASSURANCE AND PROFICIENCY TESTING 

STANDARDS. 

(a) PUBLICATION OF QUALITY ASSURANCE AND PROFICIENCY TEST- ING STANDARDS.—(1)(A) Not later than 180 days after the date of 

enactment of this Act, the Director of the Federal Bureau of Investigation shall appoint an advisory board on DNA quality assurance 

methods from among nominations proposed by the head of the National Academy of Sciences and professional societies of crime laboratory officials. 

(B) The advisory board shall include as members scientists from 

State, local, and private forensic laboratories, molecular geneticists 

and population geneticists not affiliated with a forensic laboratory, 

and a representative from the National Institute of Standards and 

Technology. 

(C) The advisory board shall develop, and if appropriate, periodically revise, recommended standards for quality assurance, including standards for testing the proficiency of forensic laboratories, 

and forensic analysts, in conducting analyses of DNA. 

(2) The Director of the Federal Bureau of Investigation, after taking into consideration such recommended standards, shall issue 

(and revise from time to time) standards for quality assurance, including standards for testing the proficiency of forensic laboratories, and forensic analysts, in conducting analyses of DNA. 

(3) The standards described in paragraphs (1) and (2) shall specify criteria for quality assurance and proficiency tests to be applied 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
7 

to the various types of DNA analyses used by forensic laboratories. 

The standards shall also include a system for grading proficiency 

testing performance to determine whether a laboratory is performing acceptably. 

(4) Until such time as the advisory board has made recommendations to the Director of the Federal Bureau of Investigation and the 

Director has acted upon those recommendations, the quality assurance guidelines adopted by the technical working group on DNA 

analysis methods shall be deemed the Director’s standards for purposes of this section. 

(5)(A) In addition to issuing standards as provided in paragraphs (1) through (4), the Director of the Federal Bureau of Investigation shall issue standards and procedures for the use of 

Rapid DNA instruments and resulting DNA analyses. 

(B) In this Act, the term ‘‘Rapid DNA instruments’’ means instrumentation that carries out a fully automated process to derive a DNA analysis from a DNA sample. 

(b) ADMINISTRATION OF THE ADVISORY BOARD.—(1) For administrative purposes, the advisory board appointed under subsection (a) 

shall be considered an advisory board to the Director of the Federal 

Bureau of Investigation. 

(2) Section 14 of the Federal Advisory Committee Act (5 U.S.C. 

App.) shall not apply with respect to the advisory board appointed 

under subsection (a). 

(3) The DNA advisory board established under this section shall 

be separate and distinct from any other advisory board administered by the FBI, and is to be administered separately. 

(4) The board shall cease to exist on the date 5 years after the 

initial appointments are made to the board, unless the existence of 

the board is extended by the Director of the Federal Bureau of Investigation. 

(c) PROFICIENCY TESTING PROGRAM.—(1) Not later than 1 year 

after the effective date of this Act, the Director of the National Institute of Justice shall certify to the Committees on the Judiciary 

of the House and Senate that— 

(A) the Institute has entered into a contract with, or made 

a grant to, an appropriate entity for establishing, or has taken 

other appropriate action to ensure that there is established, 

not later than 2 years after the date of enactment of this Act, 

a blind external proficiency testing program for DNA analyses, 

which shall be available to public and private laboratories performing forensic DNA analyses; 

(B) a blind external proficiency testing program for DNA 

analyses is already readily available to public and private laboratories performing forensic DNA analyses; or 

(C) it is not feasible to have blind external testing for DNA 

forensic analyses. 

(2) As used in this subsection, the term ‘‘blind external proficiency test’’ means a test that is presented to a forensic laboratory 

through a second agency and appears to the analysts to involve 

routine evidence. 

(3) Notwithstanding any other provision of law, the Attorney 

General shall make available to the Director of the National Institute of Justice during the first fiscal year in which funds are distributed under this subtitle up to $250,000 from the funds availVerDate Sep 11 2014 06:44 Dec 28, 2016 Jkt 069006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6601 E:\HR\OC\HR893.XXX HR893

smartinez on DSK3GLQ082PROD with REPORTS-HSE
8 

able under part X of Title I of the Omnibus Crime Control and Safe 

Streets Act of 1968 to carry out this subsection. 

SEC. 210304. INDEX TO FACILITATE LAW ENFORCEMENT EXCHANGE 

OF DNA IDENTIFICATION INFORMATION. 

(a) ESTABLISHMENT OF INDEX.—The Director of the Federal Bureau of Investigation may establish an index of— 

(1) DNA identification records of— 

(A) persons convicted of crimes; 

(B) persons who have been charged in an indictment or 

information with a crime; and 

(C) other persons whose DNA samples are collected 

under applicable legal authorities, provided that DNA 

samples that are voluntarily submitted solely for elimination purposes shall not be included in the National DNA 

Index System; 

(2) analyses of DNA samples recovered from crime scenes; 

(3) analyses of DNA samples recovered from unidentified 

human remains; and 

(4) analyses of DNA samples voluntarily contributed from 

relatives of missing persons. 

(b) INFORMATION.—The index described in subsection (a) shall include only information on DNA identification records and DNA 

analyses that are— 

(1) based on analyses performed by or on behalf of a criminal 

justice agency (or the Secretary of Defense in accordance with 

section 1565 of title 10, United States Code) in accordance with 

publicly available standards that satisfy or exceed the guidelines for a quality assurance program for DNA analysis, issued 

by the Director of the Federal Bureau of Investigation under 

section 210303; 

ø(2) prepared by laboratories that— 

ø(A) not later than 2 years after the date of enactment 

of the DNA Sexual Assault Justice Act of 2004, have been 

accredited by a nonprofit professional association of persons actively involved in forensic science that is nationally 

recognized within the forensic science community; and 

ø(B) undergo external audits, not less than once every 2 

years, that demonstrate compliance with standards established by the Director of the Federal Bureau of Investigation; and¿ 

(2) prepared by— 

(A) laboratories that— 

(i) have been accredited by a nonprofit professional 

association of persons actively involved in forensic 

science that is nationally recognized within the forensic 

science community; and 

(ii) undergo external audits, not less than once every 

2 years, that demonstrate compliance with standards 

established by the Director of the Federal Bureau of Investigation; or 

(B) criminal justice agencies using Rapid DNA instruments approved by the Director of the Federal Bureau of 

Investigation in compliance with the standards and procedures issued by the Director under section 210303(a)(5); 

and 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
9 

(3) maintained by Federal, State, and local criminal justice 

agencies (or the Secretary of Defense in accordance with section 1565 of title 10, United States Code) pursuant to rules 

that allow disclosure of stored DNA samples and DNA analyses only— 

(A) to criminal justice agencies for law enforcement identification purposes; 

(B) in judicial proceedings, if otherwise admissible pursuant to applicable statutes or rules; 

(C) for criminal defense purposes, to a defendant, who 

shall have access to samples and analyses performed in 

connection with the case in which such defendant is 

charged; or 

(D) if personally identifiable information is removed, for 

a population statistics database, for identification research 

and protocol development purposes, or for quality control 

purposes. 

(c) FAILURE TO COMPLY.—Access to the index established by this 

section is subject to cancellation if the quality control and privacy 

requirements described in subsection (b) are not met. 

(d) EXPUNGEMENT OF RECORDS.— (1) BY DIRECTOR.— (A) The Director of the Federal Bureau of Investigation 

shall promptly expunge from the index described in subsection (a) the DNA analysis of a person included in the 

index— 

(i) on the basis of conviction for a qualifying Federal 

offense or a qualifying District of Columbia offense (as 

determined under sections 3 and 4 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 

14135a, 14135b), respectively), if the Director receives, 

for each conviction of the person of a qualifying offense, a certified copy of a final court order establishing that such conviction has been overturned; or 

(ii) on the basis of an arrest under the authority of 

the United States, if the Attorney General receives, for 

each charge against the person on the basis of which 

the analysis was or could have been included in the 

index, a certified copy of a final court order establishing that such charge has been dismissed or has resulted in an acquittal or that no charge was filed within the applicable time period. 

(B) For purposes of subparagraph (A), the term ‘‘qualifying 

offense’’ means any of the following offenses: 

(i) A qualifying Federal offense, as determined under 

section 3 of the DNA Analysis Backlog Elimination Act of 

2000. 

(ii) A qualifying District of Columbia offense, as determined under section 4 of the DNA Analysis Backlog Elimination Act of 2000. 

(iii) A qualifying military offense, as determined under 

section 1565 of title 10, United States Code. 

(C) For purposes of subparagraph (A), a court order is not 

‘‘final’’ if time remains for an appeal or application for discretionary review with respect to the order. 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
10 

(2) BY STATES.—(A) As a condition of access to the index described in subsection (a), a State shall promptly expunge from 

that index the DNA analysis of a person included in the index 

by that State if— 

(i) the responsible agency or official of that State receives, for each conviction of the person of an offense on 

the basis of which that analysis was or could have been included in the index, a certified copy of a final court order 

establishing that such conviction has been overturned; or 

(ii) the person has not been convicted of an offense on 

the basis of which that analysis was or could have been included in the index, and the responsible agency or official 

of that State receives, for each charge against the person 

on the basis of which the analysis was or could have been 

included in the index, a certified copy of a final court order 

establishing that such charge has been dismissed or has 

resulted in an acquittal or that no charge was filed within 

the applicable time period. 

(B) For purposes of subparagraph (A), a court order is not 

‘‘final’’ if time remains for an appeal or application for discretionary review with respect to the order. 

* * * * * * * 

DNA ANALYSIS BACKLOG ELIMINATION ACT OF 2000 

* * * * * * * 

SEC. 3. COLLECTION AND USE OF DNA IDENTIFICATION INFORMATION FROM CERTAIN FEDERAL OFFENDERS. 

(a) COLLECTION OF DNA SAMPLES.— 

(1) FROM INDIVIDUALS IN CUSTODY.— (A) The Attorney General may, as prescribed by the Attorney General in regulation, collect DNA samples from individuals who are arrested, facingcharges, or convicted or 

from non-United States persons who are detained under 

the authority of the United States. The Attorney General 

may delegate this function within the Department of Justice as provided in section 510 of title 28, United States 

Code, and may also authorize and direct any other agency 

of the United States that arrests or detains individuals or 

supervises individuals facing charges to carry out any 

function and exercise any power of the Attorney General 

under this section. 

(B) The Director of the Bureau of Prisons shall collect a 

DNA sample from each individual in the custody of the 

Bureau of Prisons who is, or has been, convicted of a qualifying Federal offense (as determined under subsection (d)) 

or a qualifying military offense, as determined under section 1565 of title 10, United States Code. 

(2) FROM INDIVIDUALS ON RELEASE, PAROLE, OR PROBATION.— The probation office responsible for the supervision under Federal law of an individual on probation, parole, or supervised release shall collect a DNA sample from each such individual 

who is, or has been, convicted of a qualifying Federal offense 

(as determined under subsection (d)) or a qualifying military 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
11 

offense, as determined under section 1565 of title 10, United 

States Code. 

(3) INDIVIDUALS ALREADY IN CODIS.—For each individual described in paragraph (1) or (2), if the Combined DNA Index 

System (in this section referred to as ‘‘CODIS’’) of the Federal 

Bureau of Investigation contains a DNA analysis with respect 

to that individual, or if a DNA sample has been collected from 

that individual under section 1565 of title 10, United States 

Code, the Attorney General, the Director of the Bureau of Prisons, or the probation office responsible (as applicable) may (but 

need not) collect a DNA sample from that individual. 

(4) COLLECTION PROCEDURES.—(A) The Attorney General, the 

Director of the Bureau of Prisons, or the probation office responsible (as applicable) may use or authorize the use of such 

means as are reasonably necessary to detain, restrain, and collect a DNA sample from an individual who refuses to cooperate 

in the collection of the sample. 

(B) The Attorney General, the Director of the Bureau of 

Prisons, or the probation office, as appropriate, may enter 

into agreements with units of State or local government or 

with private entities to provide for the collection of the 

samples described in paragraph (1) or (2). 

(5) CRIMINAL PENALTY.—An individual from whom the collection of a DNA sample is authorized under this subsection who 

fails to cooperate in the collection of that sample shall be— 

(A) guilty of a class A misdemeanor; and 

(B) punished in accordance with title 18, United States 

Code. 

(b) ANALYSIS AND USE OF SAMPLES.—The Attorney General, the 

Director of the Bureau of Prisons, or the probation office responsible (as applicable) shall furnish each DNA sample collected under 

subsection (a) to the Director of the Federal Bureau of Investigation, who shall carry out a DNA analysis on each such DNA sample 

and include the results in CODIS. The Director of the Federal Bureau of Investigation may waive the requirements under this subsection if DNA samples are analyzed by means of Rapid DNA instruments and the results are included in CODIS. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘DNA sample’’ means a tissue, fluid, or other 

bodily sample of an individual on which a DNA analysis can 

be carried out. 

(2) The term ‘‘DNA analysis’’ means analysis of the 

deoxyribonucleic acid (DNA) identification information in a 

bodily sample. 

(3) The term ‘‘Rapid DNA instruments’’ means instrumentation that carries out a fully automated process to derive a DNA 

analysis from a DNA sample. 

(d) QUALIFYING FEDERAL OFFENSES.—The offenses that shall be 

treated for purposes of this section as qualifying Federal offenses 

are the following offenses, as determined by the Attorney General: 

(1) Any felony. 

(2) Any offense under chapter 109A of title 18, United States 

Code. 

(3) Any crime of violence (as that term is defined in section 

16 of title 18, United States Code). 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
12 

(4) Any attempt or conspiracy to commit any of the offenses 

in paragraphs (1) through (3). 

(e) REGULATIONS.— (1) IN GENERAL.—Except as provided in paragraph (2), this 

section shall be carried out under regulations prescribed by the 

Attorney General. 

(2) PROBATION OFFICERS.—The Director of the Administrative Office of the United States Courts shall make available 

model procedures for the activities of probation officers in carrying out this section. 

(f) COMMENCEMENT OF COLLECTION.—Collection of DNA samples 

under subsection (a) shall, subject to the availability of appropriations, commence not later than the date that is 180 days after the 

date of the enactment of this Act. 

SEC. 4. COLLECTION AND USE OF DNA IDENTIFICATION INFORMATION FROM CERTAIN DISTRICT OF COLUMBIA OFFENDERS. 

(a) COLLECTION OF DNA SAMPLES.— (1) FROM INDIVIDUALS IN CUSTODY.—The Director of the Bureau of Prisons shall collect a DNA sample from each individual in the custody of the Bureau of Prisons who is, or has 

been, convicted of a qualifying District of Columbia offense (as 

determined under subsection (d)). 

(2) FROM INDIVIDUALS ON RELEASE, PAROLE, OR PROBATION.— The Director of the Court Services and Offender Supervision 

Agency for the District of Columbia shall collect a DNA sample 

from each individual under the supervision of the Agency who 

is on supervised release, parole, or probation who is, or has 

been, convicted of a qualifying District of Columbia offense (as 

determined under subsection (d)). 

(3) INDIVIDUALS ALREADY IN CODIS.—For each individual described in paragraph (1) or (2), if the Combined DNA Index 

System (in this section referred to as ‘‘CODIS’’) of the Federal 

Bureau of Investigation contains a DNA analysis with respect 

to that individual, the Director of the Bureau of Prisons or 

Agency (as applicable) may (but need not) collect a DNA sample from that individual. 

(4) COLLECTION PROCEDURES.—(A) The Director of the Bureau of Prisons or Agency (as applicable) may use or authorize 

the use of such means as are reasonably necessary to detain, 

restrain, and collect a DNA sample from an individual who refuses to cooperate in the collection of the sample. 

(B) The Director of the Bureau of Prisons or Agency, as 

appropriate, may enter into agreements with units of State 

or local government or with private entities to provide for 

the collection of the samples described in paragraph (1) or 

(2). 

(5) CRIMINAL PENALTY.—An individual from whom the collection of a DNA sample is authorized under this subsection who 

fails to cooperate in the collection of that sample shall be— 

(A) guilty of a class A misdemeanor; and 

(B) punished in accordance with title 18, United States 

Code. 

(b) ANALYSIS AND USE OF SAMPLES.—The Director of the Bureau 

of Prisons or Agency (as applicable) shall furnish each DNA sample 


smartinez on DSK3GLQ082PROD with REPORTS-HSE
13 

collected under subsection (a) to the Director of the Federal Bureau 

of Investigation, who shall carry out a DNA analysis on each such 

DNA sample and include the results in CODIS. The Director of the 

Federal Bureau of Investigation may waive the requirements under 

this subsection if DNA samples are analyzed by means of Rapid 

DNA instruments and the results are included in CODIS. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘DNA sample’’ means a tissue, fluid, or other 

bodily sample of an individual on which a DNA analysis can 

be carried out. 

(2) The term ‘‘DNA analysis’’ means analysis of the 

deoxyribonucleic acid (DNA) identification information in a 

bodily sample. 

(3) The term ‘‘Rapid DNA instruments’’ means instrumentation that carries out a fully automated process to derive a DNA 

analysis from a DNA sample. 

(d) QUALIFYING DISTRICT OF COLUMBIA OFFENSES.—The government of the District of Columbia may determine those offenses 

under the District of Columbia Code that shall be treated for purposes of this section as qualifying District of Columbia offenses. 

(e) COMMENCEMENT OF COLLECTION.—Collection of DNA samples 

under subsection (a) shall, subject to the availability of appropriations, commence not later than the date that is 180 days after the 

date of the enactment of this Act. 

(f)) Authorization of Appropriations.—There are authorized to be 

appropriated to the Court Services and Offender Supervision Agency for the District of Columbia to carry out this section such sums 

as may be necessary for each of fiscal years 2001 through 2005. 

* * * * * * * 

Æ 


smartinez on DSK3GLQ082PROD with REPORTS-HSE