I

106TH CONGRESS

2D SESSION H. R. 5000

To provide for post-conviction DNA testing, 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 Federal, District of Columbia,

and military offenders for use in such system, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 27, 2000

Mr. MCCOLLUM introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Armed

Services, for a period to be subsequently determined by the Speaker, in

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide for post-conviction DNA testing, 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 Federal, District of Columbia, and military offenders for use in such system, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Criminal Justice Integrity and Law Enforcement Assist4 ance Act’’.

5 (b) TABLE OF CONTENTS.—The table of contents for

6 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—POST-CONVICTION DNA TESTING IN FEDERAL COURT

Sec. 101. Post-conviction DNA testing.

Sec. 102. Repeal.

TITLE II—CONVICTED OFFENDER DNA INDEX SYSTEM

Sec. 201. Authorization of grants.

Sec. 202. Collection and use of DNA identification information from certain

Federal offenders.

Sec. 203. Collection and use of DNA identification information from certain

District of Columbia offenders.

Sec. 204. Collection and use of DNA identification information from certain offenders in the Armed Forces.

Sec. 205. Expansion of DNA identification index.

Sec. 206. Conditions of release.

Sec. 207. Technical and conforming amendments.

Sec. 208. Authorization of appropriations.

Sec. 209. Privacy protection standards.

7 TITLE I—POST-CONVICTION DNA

8 TESTING IN FEDERAL COURT

9 SEC. 101. POST-CONVICTION DNA TESTING.

10 (a) FEDERAL CRIMINAL PROCEDURE.—

11 (1) IN GENERAL.—Part II of title 18, United

12 States Code, is amended by inserting after chapter

13 228 the following:
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1 ‘‘CHAPTER 228A—POST-CONVICTION DNA

2 TESTING

‘‘Sec.

‘‘3600. DNA testing.

‘‘3600A. Prohibition on destruction of biological material.

3 ‘‘§ 3600. DNA testing

4 ‘‘(a) MOTION.—During the 30-month period begin5 ning on the date of enactment of this section, an individual

6 serving a term of imprisonment for conviction in a court

7 of the United States of a criminal offense (referred to in

8 this section as the ‘applicant’) may make a written motion

9 to the court that entered the judgment of conviction for

10 the performance of forensic DNA testing on specified evi11 dence, if that evidence—

12 ‘‘(1) was secured in relation to the investigation

13 or prosecution that resulted in the conviction of the

14 applicant; and

15 ‘‘(2) was not subject to the DNA testing re16 quested.

17 ‘‘(b) NOTICE TO THE GOVERNMENT.—Upon receipt

18 of a motion under subsection (a), the court shall notify

19 the Government and shall afford the Government an op20 portunity to respond to the motion.

21 ‘‘(c) REQUIREMENTS.—In any motion under sub22 section (a), the applicant shall—
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1 ‘‘(1) assert actual innocence of the offense for

2 which the applicant was convicted, under penalty of

3 perjury;

4 ‘‘(2) identify the specific evidence (that was se5 cured in relation to the investigation or prosecution

6 that resulted in the conviction of the applicant) to

7 be tested and a theory of defense, not inconsistent

8 with previously asserted theories, that the requested

9 DNA testing would support; and

10 ‘‘(3) present a prima facie showing that—

11 ‘‘(A) the identity of the perpetrator was at

12 issue in the trial that resulted in the conviction

13 of the applicant; and

14 ‘‘(B) DNA testing of the specified evidence

15 would, assuming exculpatory results, establish

16 the actual innocence of the applicant of—

17 ‘‘(i) the offense for which the appli18 cant was convicted; or

19 ‘‘(ii) uncharged conduct, if the exon20 eration of the applicant of such conduct

21 would result in a mandatory reduction in

22 the sentence of the applicant.

23 ‘‘(d) ORDER.—

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2), the court shall order the testing requested
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1 in a motion under subsection (a) under reasonable

2 conditions designed to protect the interests of the

3 Government in the integrity of the evidence and the

4 testing process, upon a determination, after review

5 of the record of the trial of the applicant, that—

6 ‘‘(A) the applicant has met the require7 ments of subsection (c);

8 ‘‘(B) the evidence to be tested is in the

9 possession of the Government or the court and

10 has been subject to a chain of custody sufficient

11 to establish that it has not been altered in any

12 material respect; and

13 ‘‘(C) the motion is made in a timely man14 ner and for the purpose of demonstrating the

15 actual innocence of the applicant and not to

16 delay the execution of sentence or administra17 tion of justice.

18 ‘‘(2) EXCEPTION.—The court shall not order

19 the testing requested in a motion under subsection

20 (a) if, after review of the record of the trial of the

21 applicant, the court determines that there is no rea22 sonable possibility that the testing will produce ex23 culpatory evidence that would establish the actual

24 innocence of the applicant of—
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1 ‘‘(A) the offense for which the applicant

2 was convicted; or

3 ‘‘(B) uncharged conduct, if the exoneration

4 of the applicant of such conduct would result in

5 a mandatory reduction in the sentence of the

6 applicant.

7 ‘‘(3) FINAL ORDER.—An order under this sub8 section is a final order for purposes of section 1291

9 of title 28, United States Code.

10 ‘‘(e) TESTING PROCEDURES.—

11 ‘‘(1) SELECTION OF LABORATORY.—Any DNA

12 testing ordered under this section shall be conducted

13 by—

14 ‘‘(A) a laboratory mutually selected by the

15 Government and the applicant; or

16 ‘‘(B) if the Government and the applicant

17 are unable to agree on a laboratory, a labora18 tory selected by the court that ordered the test19 ing.

20 ‘‘(2) COSTS.—The costs of any testing ordered

21 under this section shall be paid—

22 ‘‘(A) by the applicant; or

23 ‘‘(B) in the case of an applicant who is in24 digent, by the court.
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1 ‘‘(f) TIME LIMITATION IN CAPITAL CASES.—In any

2 case in which the applicant is sentenced to death—

3 ‘‘(1) any DNA testing ordered under this sec4 tion shall be completed not later than 120 days after

5 the date on which the Government responds to the

6 motion under subsection (a); and

7 ‘‘(2) the court shall order any post-testing pro8 cedures under subsection (g) not later than 30 days

9 after the date on which the DNA testing is com10 pleted.

11 ‘‘(g) POST-TESTING PROCEDURES.—

12 ‘‘(1) RESULTS UNFAVORABLE TO APPLICANT.—

13 If the DNA testing conducted under this section

14 produces inconclusive evidence or evidence that is

15 unfavorable to the applicant—

16 ‘‘(A) the court shall—

17 ‘‘(i) dismiss the application; and

18 ‘‘(ii) forward the results of the testing

19 to the appropriate parole board that would

20 have jurisdiction over a request for parole

21 by the applicant; and

22 ‘‘(B) the Government shall compare the

23 evidence to DNA evidence from unsolved crimes

24 in the Combined DNA Index System (CODIS).
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1 ‘‘(2) RESULTS FAVORABLE TO APPLICANT.—If

2 the DNA testing conducted under this section pro3 duces exculpatory evidence—

4 ‘‘(A) the applicant may, during the 60-day

5 period beginning on the date on which the ap6 plicant is notified of the test results, make a

7 motion to the court that ordered the testing for

8 a new trial based on newly discovered evidence

9 under rule 33 of the Federal Rules of Criminal

10 Procedure, notwithstanding any provision of law

11 that would bar such a motion as untimely; and

12 ‘‘(B) upon receipt of a motion under sub13 paragraph (A), the court that ordered the test14 ing shall consider the motion under rule 33 of

15 the Federal Rules of Criminal Procedure, not16 withstanding any provision of law that would

17 bar such consideration as untimely.

18 ‘‘(h) APPLICABILITY TO FEDERAL HABEAS COR19 PUS.—The denial of post-conviction DNA testing by a

20 Federal or State court shall not be a ground for relief in

21 any proceeding under Federal habeas corpus.

22 ‘‘(i) COUNSEL.—The court may appoint counsel for

23 an indigent applicant under this section.
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1 ‘‘§ 3600A. Prohibition on destruction of biological ma2 terial

3 ‘‘(a) PROHIBITION.—

4 ‘‘(1) IN GENERAL.—Notwithstanding any other

5 provision of law, during the period described in

6 paragraph (2), the Government shall not destroy any

7 biological material preserved in any case in which

8 the identity of the perpetrator was at issue during

9 trial, if the defendant is serving a term of imprison10 ment following conviction in that case.

11 ‘‘(2) PERIOD DESCRIBED.—The period de12 scribed in this paragraph is the period beginning on

13 the date of enactment of this section and ending on

14 the later of—

15 ‘‘(A) the expiration of the 30-month period

16 beginning on that date of enactment; or

17 ‘‘(B) the date on which any proceedings

18 under section 3600 relating to the case are

19 completed.

20 ‘‘(b) SANCTIONS FOR INTENTIONAL VIOLATION.—

21 The court may impose appropriate sanctions, including

22 criminal contempt, for an intentional violation of sub23 section (a).’’.

24 (2) TECHNICAL AND CONFORMING AMEND25 MENT.—The analysis for part II of title 18, United
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1 States Code, is amended by inserting after the item

2 relating to section 228 the following:

‘‘228A. Post-conviction DNA testing ........................................... 3600’’.

3 (b) APPLICABILITY.—The amendments made by this

4 section shall take effect on the date of the enactment of

5 this title and shall apply with respect to any judgment of

6 conviction entered before, on, or after that date of enact7 ment.

8 SEC. 102. REPEAL.

9 Effective 30 months after the date of the enactment

10 of this title, this title and the amendments made by this

11 title are repealed.

12 TITLE II—CONVICTED

13 OFFENDER DNA INDEX SYSTEM

14 SEC. 201. AUTHORIZATION OF GRANTS.

15 (a) AUTHORIZATION OF GRANTS.—The Attorney

16 General may make grants to eligible States for use by the

17 State for the following purposes:

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

19 DNA Index System of the Federal Bureau of Inves20 tigation, DNA analyses of samples taken from indi21 viduals convicted of a qualifying State offense (as

22 determined under subsection (b)(2)).

23 (2) To carry out, for inclusion in such Com24 bined DNA Index System, DNA analyses of samples

25 from crime scenes.
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1 (3) To increase the capacity of laboratories

2 owned by the State or by units of local government

3 within the State to carry out DNA analyses of sam4 ples specified in paragraph (2).

5 (b) ELIGIBILITY.—For a State to be eligible to re6 ceive a grant under this section, the chief executive officer

7 of the State shall submit to the Attorney General an appli8 cation in such form and containing such information as

9 the Attorney General may require. The application shall—

10 (1) provide assurances that the State has imple11 mented, or will implement not later than 120 days

12 after the date of such application, a comprehensive

13 plan for the expeditious DNA analysis of samples in

14 accordance with this section;

15 (2) include a certification that each DNA anal16 ysis carried out under the plan shall be maintained

17 pursuant to the privacy requirements described in

18 section 210304(b)(3) of the Violent Crime Control

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

20 14132(b)(3));

21 (3) include a certification that the State has de22 termined, by statute, rule, or regulation, those of23 fenses under State law that shall be treated for pur24 poses of this section as qualifying State offenses;
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1 (4) specify the allocation that the State shall

2 make, in using grant amounts to carry out DNA

3 analyses of samples, as between samples specified in

4 subsection (a)(1) and samples specified in subsection

5 (a)(2); and

6 (5) specify that portion of grant amounts that

7 the State shall use for the purpose specified in sub8 section (a)(3).

9 (c) CRIMES WITHOUT SUSPECTS.—A State that pro10 poses to allocate grant amounts under paragraph (4) or

11 (5) of subsection (b) for the purposes specified in para12 graph (2) or (3) of subsection (a) shall use such allocated

13 amounts to conduct or facilitate DNA analyses of those

14 samples that relate to crimes in connection with which

15 there are no suspects.

16 (d) ANALYSIS OF SAMPLES.—

17 (1) IN GENERAL.—The plan shall require that,

18 except as provided in paragraph (3), each DNA

19 analysis be carried out in a laboratory that satisfies

20 quality assurance standards and is—

21 (A) operated by the State or a unit of local

22 government within the State; or

23 (B) operated by a private entity pursuant

24 to a contract with the State or a unit of local

25 government within the State.
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1 (2) QUALITY ASSURANCE STANDARDS.—(A)

2 The Director of the Federal Bureau of Investigation

3 shall maintain and make available to States a de4 scription of quality assurance protocols and practices

5 that the Director considers adequate to assure the

6 quality of a forensic laboratory.

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

8 satisfies quality assurance standards if the labora9 tory satisfies the quality control requirements de10 scribed in paragraphs (1) and (2) of section

11 210304(b) of the Violent Crime Control and Law

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

13 (3) USE OF VOUCHERS FOR CERTAIN PUR14 POSES.—A grant for the purposes specified in para15 graph (1) or (2) of subsection (a) may be made in

16 the form of a voucher for laboratory services, which

17 may be redeemed at a laboratory operated by a pri18 vate entity approved by the Attorney General that

19 satisfies quality assurance standards. The Attorney

20 General may make payment to such a laboratory for

21 the analysis of DNA samples using amounts author22 ized for those purposes under subsection (j).

23 (e) RESTRICTIONS ON USE OF FUNDS.—

24 (1) NONSUPPLANTING.—Funds made available

25 pursuant to this section shall not be used to sup-
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1 plant State funds, but shall be used to increase the

2 amount of funds that would, in the absence of Fed3 eral funds, be made available from State sources for

4 the purposes of this title.

5 (2) ADMINISTRATIVE COSTS.—A State may not

6 use more than three percent of the funds it receives

7 from this section for administrative expenses.

8 (f) REPORTS TO THE ATTORNEY GENERAL.—Each

9 State which receives a grant under this section shall sub10 mit to the Attorney General, for each year in which funds

11 from a grant received under this section is expended, a

12 report at such time and in such manner as the Attorney

13 General may reasonably require, which contains—

14 (1) a summary of the activities carried out

15 under the grant and an assessment of whether such

16 activities are meeting the needs identified in the ap17 plication; and

18 (2) such other information as the Attorney

19 General may require.

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

21 after the end of each fiscal year for which grants are made

22 under this section, the Attorney General shall submit to

23 the Congress a report that includes—

24 (1) the aggregate amount of grants made under

25 this section to each State for such fiscal year; and
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1 (2) a summary of the information provided by

2 States receiving grants under this section.

3 (h) EXPENDITURE RECORDS.—

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

5 grant under this section shall keep records as the

6 Attorney General may require to facilitate an effec7 tive audit of the receipt and use of grant funds re8 ceived under this section.

9 (2) ACCESS.—Each State which receives a

10 grant under this section shall make available, for the

11 purpose of audit and examination, such records as

12 are related to the receipt or use of any such grant.

13 (i) DEFINITION.—For purposes of this section, the

14 term ‘‘State’’ means a State of the United States, the Dis15 trict of Columbia, the Commonwealth of Puerto Rico, the

16 United States Virgin Islands, American Samoa, Guam,

17 and the Northern Mariana Islands.

18 (j) AUTHORIZATION OF APPROPRIATIONS.—Amounts

19 are authorized to be appropriated to the Attorney General

20 for grants under subsection (a) as follows:

21 (1) For grants for the purposes specified in

22 paragraph (1) of such subsection—

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

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

25 (C) $15,000,000 for fiscal year 2003.
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1 (2) For grants for the purposes specified in

2 paragraphs (2) and (3) of such subsection—

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

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

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

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

7 SEC. 202. COLLECTION AND USE OF DNA IDENTIFICATION

8 INFORMATION FROM CERTAIN FEDERAL OF9 FENDERS.

10 (a) COLLECTION OF DNA SAMPLES.—

11 (1) FROM INDIVIDUALS IN CUSTODY.—The Di12 rector of the Bureau of Prisons shall collect a DNA

13 sample from each individual in the custody of the

14 Bureau of Prisons who is, or has been, convicted of

15 a qualifying Federal offense (as determined under

16 subsection (d)) or a qualifying military offense, as

17 determined under section 1565 of title 10, United

18 States Code.

19 (2) FROM INDIVIDUALS ON RELEASE, PAROLE,

20 OR PROBATION.—The probation office responsible

21 for the supervision under Federal law of an indi22 vidual on probation, parole, or supervised release

23 shall collect a DNA sample from each such indi24 vidual who is, or has been, convicted of a qualifying

25 Federal offense (as determined under subsection (d))
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1 or a qualifying military offense, as determined under

2 section 1565 of title 10, United States Code.

3 (3) INDIVIDUALS ALREADY IN CODIS.—For

4 each individual described in paragraph (1) or (2), if

5 the Combined DNA Index System (in this section

6 referred to as ‘‘CODIS’’) of the Federal Bureau of

7 Investigation contains a DNA analysis with respect

8 to that individual, or if a DNA sample has been col9 lected from that individual under section 1565 of

10 title 10, United States Code, the Director of the Bu11 reau of Prisons or the probation office responsible

12 (as applicable) may (but need not) collect a DNA

13 sample from that individual.

14 (4) COLLECTION PROCEDURES.—(A) The Di15 rector of the Bureau of Prisons or the probation of16 fice responsible (as applicable) may use or authorize

17 the use of such means as are reasonably necessary

18 to detain, restrain, and collect a DNA sample from

19 an individual who refuses to cooperate in the collec20 tion of the sample.

21 (B) The Director of the Bureau of Prisons or

22 the probation office, as appropriate, may enter into

23 agreements with units of State or local government

24 or with private entities to provide for the collection

25 of the samples described in paragraph (1) or (2).
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1 (5) CRIMINAL PENALTY.—An individual from

2 whom the collection of a DNA sample is authorized

3 under this subsection who fails to cooperate in the

4 collection of that sample shall be—

5 (A) guilty of a class A misdemeanor; and

6 (B) punished in accordance with title 18,

7 United States Code.

8 (b) ANALYSIS AND USE OF SAMPLES.—The Director

9 of the Bureau of Prisons or the probation office respon10 sible (as applicable) shall furnish each DNA sample col11 lected under subsection (a) to the Director of the Federal

12 Bureau of Investigation, who shall carry out a DNA anal13 ysis on each such DNA sample and include the results

14 in CODIS.

15 (c) DEFINITIONS.—In this section:

16 (1) The term ‘‘DNA sample’’ means a tissue,

17 fluid, or other bodily sample of an individual on

18 which a DNA analysis can be carried out.

19 (2) The term ‘‘DNA analysis’’ means analysis

20 of the deoxyribonucleic acid (DNA) identification in21 formation in a bodily sample.

22 (d) QUALIFYING FEDERAL OFFENSES.—(1) The of23 fenses that shall be treated for purposes of this section

24 as qualifying Federal offenses are the following offenses
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1 under title 18, United States Code, as determined by the

2 Attorney General:

3 (A) Murder (as described in section 1111 of

4 such title), voluntary manslaughter (as described in

5 section 1112 of such title), or other offense relating

6 to homicide (as described in chapter 51 of such title,

7 sections 1113, 1114, 1116, 1118, 1119, 1120, and

8 1121).

9 (B) An offense relating to sexual abuse (as de10 scribed in chapter 109A of such title, sections 2241

11 through 2245), to sexual exploitation or other abuse

12 of children (as described in chapter 110 of such title,

13 sections 2251 through 2252A), or to transportation

14 for illegal sexual activity (as described in chapter

15 117 of such title, sections 2421, 2422, 2423, and

16 2425).

17 (C) Kidnapping (as defined in section

18 3559(c)(2)(E) of such title).

19 (D) Burglary.

20 (E) Attempt or conspiracy to commit any of the

21 above offenses.

22 (2) The initial determination of qualifying Federal of23 fenses shall be made not later than 120 days after the

24 date of the enactment of this title.

25 (e) REGULATIONS.—
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1 (1) IN GENERAL.—Except as provided in para2 graph (2), this section shall be carried out under

3 regulations prescribed by the Attorney General.

4 (2) PROBATION OFFICERS.—The Director of

5 the Administrative Office of the United States

6 Courts shall make available model procedures for the

7 activities of probation officers in carrying out this

8 section.

9 (f) COMMENCEMENT OF COLLECTION.—Collection of

10 DNA samples under subsection (a) shall, subject to the

11 availability of appropriations, commence not later than the

12 date that is 180 days after the date of the enactment of

13 this title.

14 SEC. 203. COLLECTION AND USE OF DNA IDENTIFICATION

15 INFORMATION FROM CERTAIN DISTRICT OF

16 COLUMBIA OFFENDERS.

17 (a) COLLECTION OF DNA SAMPLES.—

18 (1) FROM INDIVIDUALS IN CUSTODY.—The Di19 rector of the Bureau of Prisons shall collect a DNA

20 sample from each individual in the custody of the

21 Bureau of Prisons who is, or has been, convicted of

22 a qualifying District of Columbia offense (as deter23 mined under subsection (d)).

24 (2) FROM INDIVIDUALS ON RELEASE, PAROLE,

25 OR PROBATION.—The Director of the Court Services
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1 and Offender Supervision Agency for the District of

2 Columbia shall collect a DNA sample from each in3 dividual under the supervision of the Agency who is

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

5 has been, convicted of a qualifying District of Co6 lumbia offense (as determined under subsection (d)).

7 (3) INDIVIDUALS ALREADY IN CODIS.—For

8 each individual described in paragraph (1) or (2), if

9 the Combined DNA Index System (in this section

10 referred to as ‘‘CODIS’’) of the Federal Bureau of

11 Investigation contains a DNA analysis with respect

12 to that individual, the Director of the Bureau of

13 Prisons or Agency (as applicable) may (but need

14 not) collect a DNA sample from that individual.

15 (4) COLLECTION PROCEDURES.—(A) The Di16 rector of the Bureau of Prisons or Agency (as appli17 cable) may use or authorize the use of such means

18 as are reasonably necessary to detain, restrain, and

19 collect a DNA sample from an individual who re20 fuses to cooperate in the collection of the sample.

21 (B) The Director of the Bureau of Prisons or

22 Agency, as appropriate, may enter into agreements

23 with units of State or local government or with pri24 vate entities to provide for the collection of the sam25 ples described in paragraph (1) or (2).
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1 (5) CRIMINAL PENALTY.—An individual from

2 whom the collection of a DNA sample is authorized

3 under this subsection who fails to cooperate in the

4 collection of that sample shall be—

5 (A) guilty of a class A misdemeanor; and

6 (B) punished in accordance with title 18,

7 United States Code.

8 (b) ANALYSIS AND USE OF SAMPLES.—The Director

9 of the Bureau of Prisons or Agency (as applicable) shall

10 furnish each DNA sample collected under subsection (a)

11 to the Director of the Federal Bureau of Investigation,

12 who shall carry out a DNA analysis on each such DNA

13 sample and include the results in CODIS.

14 (c) DEFINITIONS.—In this section:

15 (1) The term ‘‘DNA sample’’ means a tissue,

16 fluid, or other bodily sample of an individual on

17 which a DNA analysis can be carried out.

18 (2) The term ‘‘DNA analysis’’ means analysis

19 of the deoxyribonucleic acid (DNA) identification in20 formation in a bodily sample.

21 (d) QUALIFYING DISTRICT OF COLUMBIA OF22 FENSES.—The Government of the District of Columbia

23 may determine those offenses under the District of Colum24 bia Code that shall be treated for purposes of this section

25 as qualifying District of Columbia offenses.
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1 (e) COMMENCEMENT OF COLLECTION.—Collection of

2 DNA samples under subsection (a) shall, subject to the

3 availability of appropriations, commence not later than the

4 date that is 180 days after the date of the enactment of

5 this title.

6 (f) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated to the Court Services

8 and Offender Supervision Agency for the District of Co9 lumbia to carry out this section such sums as may be nec10 essary for each of fiscal years 2001 through 2005.

11 SEC. 204. COLLECTION AND USE OF DNA IDENTIFICATION

12 INFORMATION FROM CERTAIN OFFENDERS

13 IN THE ARMED FORCES.

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

15 States Code, is amended by adding at the end the fol16 lowing new section:

17 ‘‘§ 1565. DNA identification information: collection

18 from certain offenders; use

19 ‘‘(a) COLLECTION OF DNA SAMPLES.—(1) The Sec20 retary concerned shall collect a DNA sample from each

21 member of the armed forces under the Secretary’s juris22 diction who is, or has been, convicted of a qualifying mili23 tary offense (as determined under subsection (d)).

24 ‘‘(2) For each member described in paragraph (1),

25 if the Combined DNA Index System (in this section re-
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1 ferred to as ‘CODIS’) of the Federal Bureau of Investiga2 tion contains a DNA analysis with respect to that member,

3 or if a DNA sample has been or is to be collected from

4 that member under section 202(a) of the Criminal Justice

5 Integrity and Law Enforcement Assistance Act, the Sec6 retary concerned may (but need not) collect a DNA sam7 ple from that member.

8 ‘‘(3) The Secretary concerned may enter into agree9 ments with other Federal agencies, units of State or local

10 government, or private entities to provide for the collection

11 of samples described in paragraph (1).

12 ‘‘(b) ANALYSIS AND USE OF SAMPLES.—The Sec13 retary concerned shall furnish each DNA sample collected

14 under subsection (a) to the Secretary of Defense. The Sec15 retary of Defense shall carry out a DNA analysis on each

16 such DNA sample and furnish the results of each such

17 analysis to the Director of the Federal Bureau of Inves18 tigation for inclusion in CODIS.

19 ‘‘(c) DEFINITIONS.—In this section:

20 ‘‘(1) The term ‘DNA sample’ means a tissue,

21 fluid, or other bodily sample of an individual on

22 which a DNA analysis can be carried out.

23 ‘‘(2) The term ‘DNA analysis’ means analysis

24 of the deoxyribonucleic acid (DNA) identification in25 formation in a bodily sample.
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1 ‘‘(d) QUALIFYING MILITARY OFFENSES.—(1) Sub2 ject to paragraph (2), the Secretary of Defense, in con3 sultation with the Attorney General, shall determine those

4 felony or sexual offenses under the Uniform Code of Mili5 tary Justice that shall be treated for purposes of this sec6 tion as qualifying military offenses.

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

8 Justice that is comparable to a qualifying Federal offense

9 (as determined under section 202(d) of the Criminal Jus10 tice Integrity and Law Enforcement Assistance Act), as

11 determined by the Secretary in consultation with the At12 torney General, shall be treated for purposes of this sec13 tion as a qualifying military offense.

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

15 shall promptly expunge, from the index described in sub16 section (a) of section 210304 of the Violent Crime Control

17 and Law Enforcement Act of 1994, the DNA analysis of

18 a person included in the index on the basis of a qualifying

19 military offense if the Secretary receives, for each convic20 tion of the person of a qualifying offense, a certified copy

21 of a final court order establishing that such conviction has

22 been overturned.

23 ‘‘(2) For purposes of paragraph (1), the term ‘quali24 fying offense’ means any of the following offenses:
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1 ‘‘(A) A qualifying Federal offense, as deter2 mined under section 202 of the Criminal Justice In3 tegrity and Law Enforcement Assistance Act.

4 ‘‘(B) A qualifying District of Columbia offense,

5 as determined under section 203 of the Criminal

6 Justice Integrity and Law Enforcement Assistance

7 Act.

8 ‘‘(C) A qualifying military offense.

9 ‘‘(3) For purposes of paragraph (1), a court order

10 is not ‘final’ if time remains for an appeal or application

11 for discretionary review with respect to the order.

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

13 out under regulations prescribed by the Secretary of De14 fense, in consultation with the Secretary of Transportation

15 and the Attorney General. Those regulations shall apply,

16 to the extent practicable, uniformly throughout the armed

17 forces.’’.

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

19 chapter is amended by adding at the end the following

20 new item:

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

21 (b) INITIAL DETERMINATION OF QUALIFYING MILI22 TARY OFFENSES.—The initial determination of qualifying

23 military offenses under section 1565(d) of title 10, United

24 States Code, as added by subsection (a)(1), shall be made
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1 not later than 120 days after the date of the enactment

2 of this title.

3 (c) COMMENCEMENT OF COLLECTION.—Collection of

4 DNA samples under section 1565(a) of such title, as

5 added by subsection (a)(1), shall, subject to the avail6 ability of appropriations, commence not later than the

7 date that is 60 days after the date of the initial determina8 tion referred to in subsection (b).

9 SEC. 205. EXPANSION OF DNA IDENTIFICATION INDEX.

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

11 the Antiterrorism and Effective Death Penalty Act of

12 1996 (28 U.S.C. 531 note) is amended to read as follows:

13 ‘‘(2) the Director of the Federal Bureau of In14 vestigation shall expand the combined DNA Identi15 fication System (CODIS) to include analyses of

16 DNA samples collected from—

17 ‘‘(A) individuals convicted of a qualifying

18 Federal offense, as determined under section

19 202(d) of the Criminal Justice Integrity and

20 Law Enforcement Assistance Act;

21 ‘‘(B) individuals convicted of a qualifying

22 District of Columbia offense, as determined

23 under section 203(d) of the Criminal Justice

24 Integrity and Law Enforcement Assistance Act;

25 and
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1 ‘‘(C) members of the Armed Forces con2 victed of a qualifying military offense, as deter3 mined under section 1565(d) of title 10, United

4 States Code.’’.

5 (b) INDEX TO FACILITATE LAW ENFORCEMENT EX6 CHANGE OF DNA IDENTIFICATION INFORMATION.—Sec7 tion 210304 of the Violent Crime Control and Law En8 forcement Act of 1994 (42 U.S.C. 14132) is amended—

9 (1) in subsection (b)(1), by inserting after

10 ‘‘criminal justice agency’’ the following: ‘‘(or the

11 Secretary of Defense in accordance with section

12 1565 of title 10, United States Code)’’;

13 (2) in subsection (b)(2)—

14 (A) by striking ‘‘, at regular intervals of

15 not to exceed 180 days,’’ and inserting ‘‘semi16 annual’’; and

17 (B) by inserting before the semicolon the

18 following: ‘‘ (or prepared by the Secretary of

19 Defense in accordance with section 1565 of title

20 10, United States Code)’’;

21 (3) in subsection (b)(3), by inserting after

22 ‘‘criminal justice agency’’ the following: ‘‘(or the

23 Secretary of Defense in accordance with section

24 1565 of title 10, United States Code)’’; and
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1 (4) by adding at the end the following new sub2 section:

3 ‘‘(d) EXPUNGEMENT OF RECORDS.—(1) The Direc4 tor of the Federal Bureau of Investigation shall promptly

5 expunge from the index described in subsection (a) the

6 DNA analysis of a person included in the index on the

7 basis of a qualifying Federal offense or a qualifying Dis8 trict of Columbia offense (as determined under section

9 202 and 203 of the Criminal Justice Integrity and Law

10 Enforcement Assistance Act, respectively) if the Director

11 receives, for each conviction of the person of a qualifying

12 offense, a certified copy of a final court order establishing

13 that such conviction has been overturned.

14 ‘‘(2) For purposes of paragraph (1), the term ‘quali15 fying offense’ means any of the following offenses:

16 ‘‘(A) A qualifying Federal offense, as deter17 mined under section 202 of the Criminal Justice In18 tegrity and Law Enforcement Assistance Act.

19 ‘‘(B) A qualifying District of Columbia offense,

20 as determined under section 203 of the Criminal

21 Justice Integrity and Law Enforcement Assistance

22 Act.

23 ‘‘(C) A qualifying military offense, as deter24 mined under section 1565 of title 10, United States

25 Code.
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1 ‘‘(3) For purposes of paragraph (1), a court order

2 is not ‘final’ if time remains for an appeal or application

3 for discretionary review with respect to the order.’’.

4 SEC. 206. CONDITIONS OF RELEASE.

5 (a) CONDITIONS OF PROBATION.—Section 3563(a) of

6 title 18, United States Code, is amended—

7 (1) in paragraph (7), by striking ‘‘and’’ at the

8 end;

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

10 the end and inserting ‘‘; and’’; and

11 (3) by inserting after paragraph (8) the fol12 lowing:

13 ‘‘(9) that the defendant cooperate in the collec14 tion of a DNA sample from the defendant if the col15 lection of such a sample is authorized pursuant to

16 section 202 of the Criminal Justice Integrity and

17 Law Enforcement Assistance Act.’’.

18 (b) CONDITIONS OF SUPERVISED RELEASE.—Section

19 3583(d) of title 18, United States Code, is amended by

20 inserting before ‘‘The court shall also order’’ the following:

21 ‘‘The court shall order, as an explicit condition of super22 vised release, that the defendant cooperate in the collec23 tion of a DNA sample from the defendant, if the collection

24 of such a sample is authorized pursuant to section 202
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1 of the Criminal Justice Integrity and Law Enforcement

2 Assistance Act.’’.

3 (c) CONDITIONS OF PAROLE.—Section 4209 of title

4 18, United States Code, insofar as such section remains

5 in effect with respect to certain individuals, is amended

6 by inserting before ‘‘In every case, the Commission shall

7 also impose’’ the following: ‘‘In every case, the Commis8 sion shall impose as a condition of parole that the parolee

9 cooperate in the collection of a DNA sample from the pa10 rolee, if the collection of such a sample is authorized pur11 suant to section 202 or section 203 of the Criminal Justice

12 Integrity and Law Enforcement Assistance Act or section

13 1565 of title 10.’’.

14 (d) CONDITIONS OF RELEASE GENERALLY.—If the

15 collection of a DNA sample from an individual on proba16 tion, parole, or supervised release is authorized pursuant

17 to section 202 or 203 of this title or section 1565 of title

18 10, United States Code, the individual shall cooperate in

19 the collection of a DNA sample as a condition of that pro20 bation, parole, or supervised release.

21 SEC. 207. TECHNICAL AND CONFORMING AMENDMENTS.

22 (a) DRUG CONTROL AND SYSTEM IMPROVEMENT

23 GRANTS.—Section 503(a)(12)(C) of title I of the Omnibus

24 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

25 3753(a)(12)(C)) is amended by striking ‘‘, at regular in-
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1 tervals of not to exceed 180 days,’’ and inserting ‘‘semi2 annual’’.

3 (b) DNA IDENTIFICATION GRANTS.—Section

4 2403(3) of title I of the Omnibus Crime Control and Safe

5 Streets Act of 1968 (42 U.S.C. 3796kk–2(3)) is amended

6 by striking ‘‘, at regular intervals not exceeding 180

7 days,’’ and inserting ‘‘semiannual’’.

8 (c) FEDERAL BUREAU OF INVESTIGATION.—Section

9 210305(a)(1)(A) of the Violent Crime Control and Law

10 Enforcement Act of 1994 (42 U.S.C. 14133(a)(1)(A)) is

11 amended by striking ‘‘, at regular intervals of not to ex12 ceed 180 days,’’ and inserting ‘‘semiannual’’.

13 SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

14 There are authorized to be appropriated to the Attor15 ney General to carry out this title (including to reimburse

16 the Federal judiciary for any reasonable costs incurred in

17 implementing such title, as determined by the Attorney

18 General) such sums as may be necessary.

19 SEC. 209. PRIVACY PROTECTION STANDARDS.

20 (a) IN GENERAL.—Except as provided in subsection

21 (b), any sample collected under, or any result of any anal22 ysis carried out under, section 201, 202, or 203 may be

23 used only for a purpose specified in such section.

24 (b) PERMISSIVE USES.—A sample or result described

25 in subsection (a) may be disclosed under the cir-
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1 cumstances under which disclosure of information in2 cluded in the Combined DNA Index System is allowed,

3 as specified in subparagraphs (A) through (D) of section

4 210304(b)(3) of the Violent Crime Control and Law En5 forcement Act of 1994 (42 U.S.C. 14132(b)(3)).

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

7 (1) discloses a sample or result described in

8 subsection (a) in any manner to any person not au9 thorized to receive it; or

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

11 result described in subsection (a),

12 shall be fined not more than $100,000.

Æ