II 

109TH CONGRESS 

1ST SESSION S. 1606 

To establish an opt-out system for expungement of DNA profiles from the 

national index and to authorize collection of DNA samples from persons 

arrested or detained under Federal authority. 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2005 

Mr. KYL (for himself and Mr. CORNYN) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To establish an opt-out system for expungement of DNA 

profiles from the national index and to authorize collection of DNA samples from persons arrested or detained 

under Federal authority. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘DNA Fingerprint Act 

5 of 2005’’. 
2 

•S 1606 IS

1 SEC. 2. USE OF OPT-OUT PROCEDURE TO REMOVE SAM2 PLES FROM NATIONAL DNA INDEX. 

3 Section 210304 of the DNA Identification Act of 

4 1994 (42 U.S.C. 14132) is amended— 

5 (1) in subsection (a)(1)(C), by striking ‘‘, pro6 vided’’ and all that follows through ‘‘System’’; 

7 (2) in subsection (d)(2)(A)(ii), by striking ‘‘all 

8 charges for’’ and all that follows, and inserting the 

9 following: ‘‘the responsible agency or official of that 

10 State receives, for each charge against the person on 

11 the basis of which the analysis was or could have 

12 been included in the index, a certified copy of a final 

13 court order establishing that such charge has been 

14 dismissed or resulted in an acquittal.’’; and 

15 (3) by striking subsection (e). 

16 SEC. 3. EXPANDED USE OF CODIS GRANTS. 

17 Section 2(a)(1) of the DNA Analysis Backlog Elimi18 nation Act of 2000 (42 U.S.C. 14135(a)(1)) is amended 

19 by striking ‘‘taken from individuals convicted of a quali20 fying State offense (as determined under subsection 

21 (b)(3))’’ and inserting ‘‘collected under applicable legal au22 thority’’. 
3 

•S 1606 IS

1 SEC. 4. AUTHORIZATION TO CONDUCT DNA SAMPLE COL2 LECTION FROM PERSONS ARRESTED OR DE3 TAINED UNDER FEDERAL AUTHORITY. 

4 (a) IN GENERAL.—Section 3 of the DNA Analysis 

5 Backlog Elimination Act of 2000 (42 U.S.C. 14135a) is 

6 amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1), by striking ‘‘The Di9 rector’’ and inserting the following: 

10 ‘‘(A) The Attorney General may, as pre11 scribed by the Attorney General in regulation, 

12 collect DNA samples from individuals who are 

13 arrested or detained under the authority of the 

14 United States. The Attorney General may dele15 gate this function within the Department of 

16 Justice as provided in section 510 of title 28, 

17 United States Code, and may also authorize 

18 and direct any other agency of the United 

19 States that arrests or detains individuals or su20 pervises individuals facing charges to carry out 

21 any function and exercise any power of the At22 torney General under this section. 

23 ‘‘(B) The Director’’; and 

24 (B) in paragraphs (3) and (4), by striking 

25 ‘‘Director of the Bureau of Prisons’’ each place 
4 

•S 1606 IS

1 it appears and inserting ‘‘Attorney General, the 

2 Director of the Bureau of Prisons,’’; and 

3 (2) in subsection (b), by striking ‘‘Director of 

4 the Bureau of Prisons’’ and inserting ‘‘Attorney 

5 General, the Director of the Bureau of Prisons,’’. 

6 (b) CONFORMING AMENDMENTS.—Subsections (b) 

7 and (c)(1)(A) of section 3142 of title 18, United States 

8 Code, are each amended by inserting ‘‘and subject to the 

9 condition that the person cooperate in the collection of a 

10 DNA sample from the person if the collection of such a 

11 sample is authorized pursuant to section 3 of the DNA 

12 Analysis Backlog Elimination Act of 2000 (42 U.S.C. 

13 14135a)’’ after ‘‘period of release’’. 

14 SEC. 5. TOLLING OF STATUTE OF LIMITATIONS FOR SEX15 UAL-ABUSE OFFENSES. 

16 Section 3297 of title 18, United States Code, is 

17 amended by striking ‘‘except for a felony offense under 

18 chapter 109A,’’. 

Æ