PUBLIC LAW 106–546—DEC. 19, 2000

DNA ANALYSIS BACKLOG ELIMINATION ACT

OF 2000

114 STAT. 2726 PUBLIC LAW 106–546—DEC. 19, 2000

Public Law 106–546

106th Congress

An Act

To make grants to States for carrying out DNA analyses for use in the Combined

DNA Index System of the Federal Bureau of Investigation, to provide for the

collection and analysis of DNA samples from certain violent and sexual offenders

for use in such system, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘DNA Analysis Backlog Elimination Act of 2000’’.

SEC. 2. AUTHORIZATION OF GRANTS.

(a) AUTHORIZATION OF GRANTS.—The Attorney General may

make grants to eligible States for use by the State for the following

purposes:

(1) To carry out, for inclusion in the Combined DNA Index

System of the Federal Bureau of Investigation, DNA analyses

of samples taken from individuals convicted of a qualifying

State offense (as determined under subsection (b)(3)).

(2) To carry out, for inclusion in such Combined DNA

Index System, DNA analyses of samples from crime scenes.

(3) To increase the capacity of laboratories owned by the

State or by units of local government within the State to

carry out DNA analyses of samples specified in paragraph

(2).

(b) ELIGIBILITY.—For a State to be eligible to receive a grant

under this section, the chief executive officer of the State shall

submit to the Attorney General an application in such form and

containing such information as the Attorney General may require.

The application shall—

(1) provide assurances that the State has implemented,

or will implement not later than 120 days after the date of

such application, a comprehensive plan for the expeditious DNA

analysis of samples in accordance with this section;

(2) include a certification that each DNA analysis carried

out under the plan shall be maintained pursuant to the privacy

requirements described in section 210304(b)(3) of the Violent

Crime Control and Law Enforcement Act of 1994 (42 U.S.C.

14132(b)(3));

(3) include a certification that the State has determined,

by statute, rule, or regulation, those offenses under State law

that shall be treated for purposes of this section as qualifying

State offenses;

Deadline.

42 USC 14135.

42 USC 13701

note.

DNA Analysis

Backlog

Elimination Act

of 2000.

Dec. 19, 2000

[H.R. 4640]

PUBLIC LAW 106–546—DEC. 19, 2000 114 STAT. 2727

(4) specify the allocation that the State shall make, in

using grant amounts to carry out DNA analyses of samples,

as between samples specified in subsection (a)(1) and samples

specified in subsection (a)(2); and

(5) specify that portion of grant amounts that the State

shall use for the purpose specified in subsection (a)(3).

(c) CRIMES WITHOUT SUSPECTS.—A State that proposes to allocate grant amounts under paragraph (4) or (5) of subsection (b)

for the purposes specified in paragraph (2) or (3) of subsection

(a) shall use such allocated amounts to conduct or facilitate DNA

analyses of those samples that relate to crimes in connection with

which there are no suspects.

(d) ANALYSIS OF SAMPLES.— (1) IN GENERAL.—The plan shall require that, except as

provided in paragraph (3), each DNA analysis be carried out

in a laboratory that satisfies quality assurance standards and

is— (A) operated by the State or a unit of local government

within the State; or

(B) operated by a private entity pursuant to a contract

with the State or a unit of local government within the

State.

(2) QUALITY ASSURANCE STANDARDS.—(A) The Director of

the Federal Bureau of Investigation shall maintain and make

available to States a description of quality assurance protocols

and practices that the Director considers adequate to assure

the quality of a forensic laboratory.

(B) For purposes of this section, a laboratory satisfies

quality assurance standards if the laboratory satisfies the

quality control requirements described in paragraphs (1) and

(2) of section 210304(b) of the Violent Crime Control and Law

Enforcement Act of 1994 (42 U.S.C. 14132(b)).

(3) USE OF VOUCHERS FOR CERTAIN PURPOSES.—A grant

for the purposes specified in paragraph (1) or (2) of subsection

(a) may be made in the form of a voucher for laboratory services,

which may be redeemed at a laboratory operated by a private

entity approved by the Attorney General that satisfies quality

assurance standards. The Attorney General may make payment

to such a laboratory for the analysis of DNA samples using

amounts authorized for those purposes under subsection ( j).

(e) RESTRICTIONS ON USE OF FUNDS.—

(1) NONSUPPLANTING.—Funds made available pursuant to

this section shall not be used to supplant State funds, but

shall be used to increase the amount of funds that would,

in the absence of Federal funds, be made available from State

sources for the purposes of this Act.

(2) ADMINISTRATIVE COSTS.—A State may not use more

than 3 percent of the funds it receives from this section for

administrative expenses.

(f ) REPORTS TO THE ATTORNEY GENERAL.—Each State which

receives a grant under this section shall submit to the Attorney

General, for each year in which funds from a grant received under

this section is expended, a report at such time and in such manner

as the Attorney General may reasonably require, which contains—

(1) a summary of the activities carried out under the grant

and an assessment of whether such activities are meeting the

needs identified in the application; and

114 STAT. 2728 PUBLIC LAW 106–546—DEC. 19, 2000

(2) such other information as the Attorney General may

require.

(g) REPORTS TO CONGRESS.—Not later than 90 days after the

end of each fiscal year for which grants are made under this

section, the Attorney General shall submit to the Congress a report

that includes—

(1) the aggregate amount of grants made under this section

to each State for such fiscal year; and

(2) a summary of the information provided by States

receiving grants under this section.

(h) EXPENDITURE RECORDS.—

(1) IN GENERAL.—Each State which receives a grant under

this section shall keep records as the Attorney General may

require to facilitate an effective audit of the receipt and use

of grant funds received under this section.

(2) ACCESS.—Each State which receives a grant under this

section shall make available, for the purpose of audit and

examination, such records as are related to the receipt or use

of any such grant.

(i) DEFINITION.—For purposes of this section, the term ‘‘State’’

means a State of the United States, the District of Columbia,

the Commonwealth of Puerto Rico, the United States Virgin Islands,

American Samoa, Guam, and the Northern Mariana Islands.

( j) AUTHORIZATION OF APPROPRIATIONS.—Amounts are authorized to be appropriated to the Attorney General for grants under

subsection (a) as follows:

(1) For grants for the purposes specified in paragraph

(1) of such subsection—

(A) $15,000,000 for fiscal year 2001;

(B) $15,000,000 for fiscal year 2002; and

(C) $15,000,000 for fiscal year 2003.

(2) For grants for the purposes specified in paragraphs

(2) and (3) of such subsection—

(A) $25,000,000 for fiscal year 2001;

(B) $50,000,000 for fiscal year 2002;

(C) $25,000,000 for fiscal year 2003; and

(D) $25,000,000 for fiscal year 2004.

SEC. 3. COLLECTION AND USE OF DNA IDENTIFICATION INFORMATION

FROM CERTAIN FEDERAL 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 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 offense, as determined under section 1565 of title 10,

United States Code.

42 USC 14135a.

Deadline.

PUBLIC LAW 106–546—DEC. 19, 2000 114 STAT. 2729

(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 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 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 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 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.

(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.

(d) QUALIFYING FEDERAL OFFENSES.—(1) The offenses that shall

be treated for purposes of this section as qualifying Federal offenses

are the following offenses under title 18, United States Code, as

determined by the Attorney General:

(A) Murder (as described in section 1111 of such title),

voluntary manslaughter (as described in section 1112 of such

title), or other offense relating to homicide (as described in

chapter 51 of such title, sections 1113, 1114, 1116, 1118, 1119,

1120, and 1121).

(B) An offense relating to sexual abuse (as described in

chapter 109A of such title, sections 2241 through 2245), to

sexual exploitation or other abuse of children (as described

in chapter 110 of such title, sections 2251 through 2252), or

to transportation for illegal sexual activity (as described in

chapter 117 of such title, sections 2421, 2422, 2423, and 2425).

(C) An offense relating to peonage and slavery (as described

in chapter 77 of such title).

114 STAT. 2730 PUBLIC LAW 106–546—DEC. 19, 2000

(D) Kidnapping (as defined in section 3559(c)(2)(E) of such

title).

(E) An offense involving robbery or burglary (as described

in chapter 103 of such title, sections 2111 through 2114, 2116,

and 2118 through 2119).

(F) Any violation of section 1153 involving murder, manslaughter, kidnapping, maiming, a felony offense relating to

sexual abuse (as described in chapter 109A), incest, arson,

burglary, or robbery.

(G) Any attempt or conspiracy to commit any of the above

offenses.

(2) The initial determination of qualifying Federal offenses

shall be made not later than 120 days after the date of the enactment of this Act.

(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

42 USC 14135b.

Deadline.

Deadline.

PUBLIC LAW 106–546—DEC. 19, 2000 114 STAT. 2731

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

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.

(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.

(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.

SEC. 5. COLLECTION AND USE OF DNA IDENTIFICATION INFORMATION

FROM CERTAIN OFFENDERS IN THE ARMED FORCES.

(a) IN GENERAL.—(1) Chapter 80 of title 10, United States

Code, is amended by adding at the end the following new section:

‘‘§ 1565. DNA identification information: collection from certain offenders; use

‘‘(a) COLLECTION OF DNA SAMPLES.—(1) The Secretary concerned shall collect a DNA sample from each member of the armed

forces under the Secretary’s jurisdiction who is, or has been, convicted of a qualifying military offense (as determined under subsection (d)).

‘‘(2) For each member described in paragraph (1), 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 member, or if a DNA sample has been or

is to be collected from that member under section 3(a) of the

DNA Analysis Backlog Elimination Act of 2000, the Secretary concerned may (but need not) collect a DNA sample from that member.

‘‘(3) The Secretary concerned may enter into agreements with

other Federal agencies, units of State or local government, or private

Deadline.

114 STAT. 2732 PUBLIC LAW 106–546—DEC. 19, 2000

entities to provide for the collection of samples described in paragraph (1).

‘‘(b) ANALYSIS AND USE OF SAMPLES.—The Secretary concerned

shall furnish each DNA sample collected under subsection (a) to

the Secretary of Defense. The Secretary of Defense shall—

(1) carry out a DNA analysis on each such DNA sample

in a manner that complies with the requirements for inclusion

of that analysis in CODIS; and

(2) furnish the results of each such analysis to the Director

of the Federal Bureau of Investigation for inclusion 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.

‘‘(d) QUALIFYING MILITARY OFFENSES.—(1) Subject to paragraph

(2), the Secretary of Defense, in consultation with the Attorney

General, shall determine those felony or sexual offenses under

the Uniform Code of Military Justice that shall be treated for

purposes of this section as qualifying military offenses.

‘‘(2) An offense under the Uniform Code of Military Justice

that is comparable to a qualifying Federal offense (as determined

under section 3(d) of the DNA Analysis Backlog Elimination Act

of 2000), as determined by the Secretary in consultation with the

Attorney General, shall be treated for purposes of this section

as a qualifying military offense.

‘‘(e) EXPUNGEMENT.—(1) The Secretary of Defense shall

promptly expunge, from the index described in subsection (a) of

section 210304 of the Violent Crime Control and Law Enforcement

Act of 1994, the DNA analysis of a person included in the index

on the basis of a qualifying military offense if the Secretary 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.

‘‘(2) For purposes of paragraph (1), the term ‘qualifying offense’

means any of the following offenses:

‘‘(A) A qualifying Federal offense, as determined under

section 3 of the DNA Analysis Backlog Elimination Act of

2000.

‘‘(B) A qualifying District of Columbia offense, as determined under section 4 of the DNA Analysis Backlog Elimination

Act of 2000.

‘‘(C) A qualifying military offense.

‘‘(3) For purposes of paragraph (1), a court order is not ‘final’

if time remains for an appeal or application for discretionary review

with respect to the order.

‘‘(f ) REGULATIONS.—This section shall be carried out under

regulations prescribed by the Secretary of Defense, in consultation

with the Secretary of Transportation and the Attorney General.

Those regulations shall apply, to the extent practicable, uniformly

throughout the armed forces.’’.

(2) The table of sections at the beginning of such chapter

is amended by adding at the end the following new item:

‘‘1565. DNA identification information: collection from certain offenders; use.’’.

PUBLIC LAW 106–546—DEC. 19, 2000 114 STAT. 2733

(b) INITIAL DETERMINATION OF QUALIFYING MILITARY

OFFENSES.—The initial determination of qualifying military offenses

under section 1565(d) of title 10, United States Code, as added

by subsection (a)(1), shall be made not later than 120 days after

the date of the enactment of this Act.

(c) COMMENCEMENT OF COLLECTION.—Collection of DNA samples under section 1565(a) of such title, as added by subsection

(a)(1), shall, subject to the availability of appropriations, commence

not later than the date that is 60 days after the date of the

initial determination referred to in subsection (b).

SEC. 6. EXPANSION OF DNA IDENTIFICATION INDEX.

(a) USE OF CERTAIN FUNDS.—Section 811(a)(2) of the

Antiterrorism and Effective Death Penalty Act of 1996 (28 U.S.C.

531 note) is amended to read as follows: ‘‘(2) the Director of the Federal Bureau of Investigation

shall expand the combined DNA Identification System (CODIS)

to include analyses of DNA samples collected from— ‘‘(A) individuals convicted of a qualifying Federal

offense, as determined under section 3(d) of the DNA Analysis Backlog Elimination Act of 2000; ‘‘(B) individuals convicted of a qualifying District of

Columbia offense, as determined under section 4(d) of the

DNA Analysis Backlog Elimination Act of 2000; and ‘‘(C) members of the Armed Forces convicted of a qualifying military offense, as determined under section 1565(d)

of title 10, United States Code.’’.

(b) INDEX TO FACILITATE LAW ENFORCEMENT EXCHANGE OF

DNA IDENTIFICATION INFORMATION.—Section 210304 of the Violent

Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14132)

is amended—

(1) in subsection (b)(1), by inserting after ‘‘criminal justice

agency’’ the following: ‘‘(or the Secretary of Defense in accordance with section 1565 of title 10, United States Code)’’;

(2) in subsection (b)(2), by striking ‘‘, at regular intervals

of not to exceed 180 days,’’ and inserting ‘‘semiannual’’;

(3) in subsection (b)(3), by inserting after ‘‘criminal justice

agencies’’ in the matter preceding subparagraph (A) the following: ‘‘(or the Secretary of Defense in accordance with section

1565 of title 10, United States Code)’’; and

(4) by adding at the end the following new subsection:

‘‘(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 on the basis of 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, 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.

‘‘(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.

10 USC 1565

note.

Deadline.

10 USC 1565

note.

114 STAT. 2734 PUBLIC LAW 106–546—DEC. 19, 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. ‘‘(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 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. ‘‘(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.’’.

SEC. 7. CONDITIONS OF RELEASE.

(a) CONDITIONS OF PROBATION.—Section 3563(a) of title 18,

United States Code, is amended— (1) in paragraph (7), by striking ‘‘and’’ at the end;

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

and inserting ‘‘; and’’; and

(3) by inserting after paragraph (8) the following:

‘‘(9) that the defendant cooperate in the collection of a

DNA sample from the defendant if the collection of such a

sample is authorized pursuant to section 3 of the DNA Analysis

Backlog Elimination Act of 2000.’’. (b) CONDITIONS OF SUPERVISED RELEASE.—Section 3583(d) of

title 18, United States Code, is amended by inserting before ‘‘The

court shall also order’’ the following: ‘‘The court shall order, as

an explicit condition of supervised release, that the defendant

cooperate in the collection of a DNA sample from the defendant,

if the collection of such a sample is authorized pursuant to section

3 of the DNA Analysis Backlog Elimination Act of 2000.’’. (c) CONDITIONS OF PAROLE.—Section 4209 of title 18, United

States Code, insofar as such section remains in effect with respect

to certain individuals, is amended by inserting before ‘‘In every

case, the Commission shall also impose’’ the following: ‘‘In every

case, the Commission shall impose as a condition of parole that

the parolee cooperate in the collection of a DNA sample from

the parolee, if the collection of such a sample is authorized pursuant

to section 3 or section 4 of the DNA Analysis Backlog Elimination

Act of 2000 or section 1565 of title 10.’’.

(d) CONDITIONS OF RELEASE GENERALLY.—If the collection of

a DNA sample from an individual on probation, parole, or supervised release is authorized pursuant to section 3 or 4 of this Act

or section 1565 of title 10, United States Code, the individual

shall cooperate in the collection of a DNA sample as a condition

of that probation, parole, or supervised release.

SEC. 8. TECHNICAL AND CONFORMING AMENDMENTS.

(a) DRUG CONTROL AND SYSTEM IMPROVEMENT GRANTS.—Section 503(a)(12)(C) of title I of the Omnibus Crime Control and

42 USC 14135c.

PUBLIC LAW 106–546—DEC. 19, 2000 114 STAT. 2735

Safe Streets Act of 1968 (42 U.S.C. 3753(a)(12)(C)) is amended

by striking ‘‘, at regular intervals of not to exceed 180 days,’’ and inserting ‘‘semiannual’’. (b) DNA IDENTIFICATION GRANTS.—Section 2403(3) of title I

of the Omnibus Crime Control and Safe Streets Act of 1968 (42

U.S.C. 3796kk–2(3)) is amended by striking ‘‘, at regular intervals

not exceeding 180 days,’’ and inserting ‘‘semiannual’’. (c) FEDERAL BUREAU OF INVESTIGATION.—Section

210305(a)(1)(A) of the Violent Crime Control and Law Enforcement

Act of 1994 (42 U.S.C. 14133(a)(1)(A)) is amended by striking ‘‘, at regular intervals of not to exceed 180 days,’’ and inserting ‘‘semiannual’’.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Attorney General

to carry out this Act (including to reimburse the Federal judiciary

for any reasonable costs incurred in implementing such Act, as

determined by the Attorney General) such sums as may be necessary.

SEC. 10. PRIVACY PROTECTION STANDARDS.

(a) IN GENERAL.—Except as provided in subsection (b), any

sample collected under, or any result of any analysis carried out

under, section 2, 3, or 4 may be used only for a purpose specified

in such section.

(b) PERMISSIVE USES.—A sample or result described in subsection (a) may be disclosed under the circumstances under which

disclosure of information included in the Combined DNA Index

System is allowed, as specified in subparagraphs (A) through (D)

of section 210304(b)(3) of the Violent Crime Control and Law

Enforcement Act of 1994 (42 U.S.C. 14132(b)(3)).

(c) CRIMINAL PENALTY.—A person who knowingly—

(1) discloses a sample or result described in subsection

(a) in any manner to any person not authorized to receive

it; or

(2) obtains, without authorization, a sample or result

described in subsection (a),

shall be fined not more than $100,000.

SEC. 11. SENSE OF THE CONGRESS REGARDING THE OBLIGATION OF

GRANTEE STATES TO ENSURE ACCESS TO POST-CONVICTION DNA TESTING AND COMPETENT COUNSEL IN CAPITAL CASES.

(a) FINDINGS.—Congress finds that—

(1) over the past decade, deoxyribo-nucleic acid testing

(referred to in this section as ‘‘DNA testing’’) has emerged

as the most reliable forensic technique for identifying criminals

when biological material is left at a crime scene;

(2) because of its scientific precision, DNA testing can,

in some cases, conclusively establish the guilt or innocence

of a criminal defendant;

(3) in other cases, DNA testing may not conclusively establish guilt or innocence, but may have significant probative

value to a finder of fact;

(4) DNA testing was not widely available in cases tried

prior to 1994;

(5) new forensic DNA testing procedures have made it

possible to get results from minute samples that could not

42 USC 14135

note.

42 USC 14135e.

42 USC 14135d.

114 STAT. 2736 PUBLIC LAW 106–546—DEC. 19, 2000

previously be tested, and to obtain more informative and

accurate results than earlier forms of forensic DNA testing

could produce, resulting in some cases of convicted inmates

being exonerated by new DNA tests after earlier tests had

failed to produce definitive results;

(6) DNA testing can and has resulted in the post-conviction

exoneration of more than 75 innocent men and women,

including some under sentence of death;

(7) in more than a dozen cases, post-conviction DNA testing

that has exonerated an innocent person has also enhanced

public safety by providing evidence that led to the apprehension

of the actual perpetrator;

(8) experience has shown that it is not unduly burdensome

to make DNA testing available to inmates in appropriate cases;

(9) under current Federal and State law, it is difficult

to obtain post-conviction DNA testing because of time limits

on introducing newly discovered evidence;

(10) the National Commission on the Future of DNA Evidence, a Federal panel established by the Department of Justice

and comprised of law enforcement, judicial, and scientific

experts, has urged that post-conviction DNA testing be permitted in the relatively small number of cases in which it

is appropriate, notwithstanding procedural rules that could be

invoked to preclude such testing, and notwithstanding the

inability of an inmate to pay for the testing;

(11) only a few States have adopted post-conviction DNA

testing procedures;

(12) States have received millions of dollars in DNA-related

grants, and more funding is needed to improve State forensic

facilities and to reduce the nationwide backlog of DNA samples

from convicted offenders and crime scenes that need to be

tested or retested using upgraded methods;

(13) States that accept such financial assistance should

not deny the promise of truth and justice for both sides of

our adversarial system that DNA testing offers;

(14) post-conviction DNA testing and other post-conviction

investigative techniques have shown that innocent people have

been sentenced to death in the United States;

(15) a constitutional error in capital cases is incompetent

defense lawyers who fail to present important evidence that

the defendant may have been innocent or does not deserve

to be sentenced to death; and

(16) providing quality representation to defendants facing

the loss of liberty or life is essential to fundamental due process

and the speedy final resolution of judicial proceedings.

(b) SENSE OF THE CONGRESS.—It is the sense of the Congress

that—

(1) Congress should condition forensic science-related

grants to a State or State forensic facility on the State’s agreement to ensure post-conviction DNA testing in appropriate

cases; and

(2) Congress should work with the States to improve the

quality of legal representation in capital cases through the 

PUBLIC LAW 106–546—DEC. 19, 2000 114 STAT. 2737

LEGISLATIVE HISTORY—H.R. 4640:

HOUSE REPORTS: No. 106–900, Pt. 1 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 146 (2000):

Oct. 2, considered and passed House.

Dec. 6, considered and passed Senate, amended.

Dec. 7, House concurred in Senate amendment.

Æ

establishment of standards that will assure the timely appointment of competent counsel with adequate resources to represent

defendants in capital cases at each stage of those proceedings.

Approved December 19, 2000.