I
106TH CONGRESS
1ST SESSION
H. R. 3375
To facilitate the exchange by law enforcement agencies of DNA identification
information relating to violent offenders, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 16, 1999
Mr. GILMAN (for himself, Mr. STUPAK, and Mr. RAMSTAD) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary, and
in addition to the Committee on Armed Services, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To facilitate the exchange by law enforcement agencies of
DNA identification information relating to violent offend-
ers, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Convicted Offender
DNA Index System Support Act’’.
SEC. 2. ELIMINATION OF CONVICTED OFFENDER DNA
BACKLOG.
(a) DEVELOPMENT OF PLAN.—
(1) IN GENERAL.—Not later than 45 days after
the date of the enactment of this Act, the Director
of the Federal Bureau of Investigation, after con-
sultation with representatives of the States and of
appropriate Federal agencies, shall develop a plan to
assist States in performing DNA analyses of DNA
samples collected from convicted offenders.
(2) OBJECTIVE.—The objective of the plan de-
veloped under paragraph (1) shall be to effectively
eliminate the backlog of convicted offender DNA
samples awaiting analysis in State or local forensic
laboratory storage, including samples that need to be
reanalyzed using upgraded methods, in an efficient,
expeditious manner that will provide for the entry of
those analyses into the combined DNA Indexing
System (CODIS).
(3) PREFERENCE IN FUNDING.—In providing
assistance to States under the plan, the Director
shall give a preference in assistance to those States
that have developed a comprehensive program for
the DNA analysis of crime scene evidence in case-
work for which there are no suspects.
(b) PLAN CONDITIONS.—The plan developed under
subsection (a) shall require the following:
(1) That the Director of the Federal Bureau
Investigation—
(A) establish requirements for the perform-
ance of DNA analyses by private forensic lab-
oratories, including quality assurance stand-
ards, state-of-the-art testing methods, and other
requirements that the Director considers appro-
priate; and
(B) determine which private forensic lab-
oratories satisfy the requirements established
pursuant to subparagraph (A).
(2) That a laboratory may perform DNA anal-
yses under the plan only if it is a private forensic
laboratory determined under paragraph (1)(B) to
satisfy the requirements established pursuant to
paragraph (1)(A).
(3) That the Director of the Federal Bureau of
Investigation provide assistance under the plan only
pursuant to arrangements with private forensic lab-
oratories that have been determined under para-
graph (1)(B) to satisfy the requirements established
pursuant to paragraph (1)(A).
(4) That under each such arrangement—
(A) the Director shall determine, for each
State to which assistance is provided under the
plan, the quantity of convicted offender DNA
samples awaiting analysis in that State on
which the laboratory shall perform DNA anal-
ysis;
(B) the laboratory shall perform those
DNA analyses; and
(C) the Director shall, on behalf of that
State, provide funding to the laboratory to
cover the costs of those DNA analyses.
(5) That each DNA sample collected and ana-
lyzed under the plan be accessible only—
(A) to criminal justice agencies for law en-
forcement identification purposes;
(B) in judicial proceedings, if otherwise ad-
missible pursuant to applicable statutes or
rules;
(C) for criminal defense purposes, to a de-
fendant, who shall have access to samples and
analyses performed in connection with the case
in which such defendant is charged; or
(D) for validation studies and protocol de-
velopment purposes, if personally identifiable
information is removed.
(c) IMPLEMENTATION
OF PLAN.—Subject to the
availability of appropriations under subsection (d), the Di-
rector of the Federal Bureau of Investigation shall imple-
ment the plan developed pursuant to subsection (a) with
States that elect to participate.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Director of the
Federal Bureau of Investigation to carry out this section
$15,000,000 for each of fiscal years 2000 and 2001.
SEC. 3. ELIMINATION OF STATE AND LOCAL UNSOLVED
CASEWORK DNA BACKLOG.
(a) DEVELOPMENT OF PLAN.—
(1) IN GENERAL.—Not later than 45 days after
the date of the enactment of this Act, the Attorney
General, in coordination with the Director of the
Federal Bureau of Investigation and after consulta-
tion with representatives of the States and of appro-
priate Federal agencies, shall develop a plan to as-
sist States in performing DNA analyses of crime
scene evidence in casework for which there are no
suspects.
(2) OBJECTIVE.—The objective of the plan de-
veloped under paragraph (1) shall be to effectively
eliminate the backlog of crime scene evidence await-
ing DNA analysis in State or local forensic labora-
tory storage, including evidence that needs to be re-
analyzed using upgraded methods, in an efficient,
expeditious manner that will provide for the entry of
those analyses into the combined DNA Indexing
System (CODIS).
(3) PREFERENCE IN FUNDING.—In providing
assistance to States under the plan, the Attorney
General shall give a preference in assistance to those
States that have developed a comprehensive program
for the DNA analysis of crime scene evidence in
casework for which there are no suspects.
(b) PLAN CONDITIONS.—The plan developed under
subsection (a) shall require the following:
(1) That the Attorney General, in coordination
with the Director of the Federal Bureau of Inves-
tigation, establish—
(A) requirements for the performance of
DNA analyses by State and local forensic lab-
oratories, including quality assurance standards
issued by the Director, state-of-the-art testing
methods, and other requirements that the Di-
rector considers appropriate;
(B) procedures under which a State may
apply for assistance under the plan; and
(C) guidelines for the use by a State of
any assistance under the plan.
(2) That the Attorney General provide assist-
ance under the plan only by making grants to a
State, to be used by the chief executive officer of the
State, in conjunction with units of local government,
other States, or any combination thereof, to carry
out a project consistent with the plan.
(3) That the State, as a condition of receiving
assistance under the plan, shall—
(A) use the assistance only for the DNA
analysis of crime scene evidence in casework for
which there are no suspects; and
(B) provide assurances that it will submit
a report to the Attorney General containing a
summary of the activities carried out using the
assistance provided.
(4) That the Federal share of assistance pro-
vided under the plan with respect to a project may
not exceed 75 percent of the total costs of the
project.
(5) That each DNA sample collected and ana-
lyzed under the plan be accessible only—
(A) to criminal justice agencies for law en-
forcement identification purposes;
(B) in judicial proceedings, if otherwise ad-
missible pursuant to applicable statutes or
rules;
(C) for criminal defense purposes, to a de-
fendant, who shall have access to samples and
analyses performed in connection with the case
in which such defendant is charged; or
(D) for validation studies and protocol de-
velopment purposes, if personally identifiable
information is removed.
(c) IMPLEMENTATION
OF PLAN.—Subject to the
availability of appropriations under subsection (d), the At-
torney General shall implement the plan developed pursu-
ant to subsection (a).
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Attorney General
to carry out this section $24,500,000 for each of fiscal
years 2000 and 2001.
SEC. 4. ELIMINATION OF FBI UNSOLVED CASEWORK DNA
BACKLOG.
(a) DEVELOPMENT OF PLAN.—Not later than 45
days after the date of the enactment of this Act, the Direc-
tor of the Federal Bureau of Investigation shall develop
a plan to effectively eliminate the backlog of crime scene
evidence awaiting DNA analysis in forensic laboratory
storage of the Bureau, including evidence that needs to
be reanalyzed using upgraded methods, in an efficient, ex-
peditious manner that will provide for the entry of those
analyses into the combined DNA Indexing System
(CODIS).
(b) CONDITION OF PLAN.—The plan developed under
subsection (a) shall require that each DNA sample col-
lected and analyzed under the plan be accessible only—
(1) to criminal justice agencies for law enforce-
ment identification purposes;
(2) in judicial proceedings, if otherwise admis-
sible pursuant to applicable statutes or rules;
(3) for criminal defense purposes, to a defend-
ant, who shall have access to samples and analyses
performed in connection with the case in which such
defendant is charged; or
(4) for validation studies and protocol develop-
ment purposes, if personally identifiable information
is removed.
(c) IMPLEMENTATION
OF PLAN.—Subject to the
availability of appropriations under subsection (d), the Di-
rector of the Federal Bureau of Investigation shall imple-
ment the plan developed pursuant to subsection (a).
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Director of the
Federal Bureau of Investigation to carry out this section
$500,000 for fiscal year 2000, to remain available until
expended.
SEC. 5. MISSING PERSONS DATABASE.
(a) IN GENERAL.—The Director of the Federal Bu-
reau of Investigation may expand the combined DNA In-
dexing System (CODIS) to include information on missing
persons, including analyses of DNA samples voluntarily
contributed from relatives of missing persons.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Director of the
Federal Bureau of Investigation to carry out this section
$2,835,000 for fiscal year 2000, to remain available until
expended.
SEC. 6. DNA IDENTIFICATION OF FEDERAL, DISTRICT OF
COLUMBIA, AND MILITARY VIOLENT OFFEND-
ERS.
(a) EXPANSION OF DNA IDENTIFICATION INDEX.—
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 In-
vestigation shall expand the combined DNA Identi-
fication System (CODIS) to include information on
DNA identification records and analyses related to
criminal offenses and acts of juvenile delinquency
under Federal law, the Uniform Code of Military
Justice, and the District of Columbia Code, in ac-
cordance with section 210304 of the Violent Crime
Control and Law Enforcement Act of 1994 (42
U.S.C. 14132).’’.
(b) INDEX TO FACILITATE LAW ENFORCEMENT EX-
CHANGE OF DNA IDENTIFICATION INFORMATION.—Sec-
tion 210304 of the Violent Crime Control and Law En-
forcement Act of 1994 (42 U.S.C. 14132) is amended—
(1) in subsection (a)(1), by striking ‘‘persons
convicted of crimes’’ and inserting ‘‘individuals con-
victed of criminal offenses or adjudicated delinquent
for acts of juvenile delinquency, including qualifying
offenses (as defined in subsection (d)(1))’’;
(2) in subsection (a)(2), by striking ‘‘and’’;
(3) in subsection (a)(3), by striking the period
and inserting ‘‘; and’’;
(4) by adding at the end of subsection (a) the
following new paragraph:
‘‘(4) analyses of DNA samples voluntarily con-
tributed from relatives of missing persons.’’;
(5) in subsection (b)(2), by striking ‘‘, at reg-
ular intervals of not to exceed 180 days,’’ and insert-
ing ‘‘semiannual’’; and
(6) by adding at the end the following:
‘‘(d) INCLUSION OF DNA INFORMATION RELATING
TO VIOLENT OFFENDERS.—
‘‘(1) DEFINITIONS.—In this subsection—
‘‘(A) the term ‘crime of violence’ has the
meaning given such term in section 924(c)(3) of
title 18, United States Code; and
‘‘(B) the term ‘qualifying offense’ means a
criminal offense or act of juvenile delinquency
included on the list established by the Director
of the Federal Bureau of Investigation under
paragraph (2)(A)(i).
‘‘(2) REGULATIONS.—
‘‘(A) IN
GENERAL.—Not later than 90
days after the date of enactment of this sub-
section, and at the discretion of the Director
thereafter, the Director of the Federal Bureau
of Investigation, in consultation with the Direc-
tor of the Bureau of Prisons, the Director of
the Court Services and Offender Supervision
Agency for the District of Columbia or the
Trustee appointed under section 11232(a) of
the Balanced Budget Act of 1997 (as appro-
priate), and the Chief of Police of the Metro-