tion 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 ‘quali-
fying offense’ means any of the following offenses:
‘‘(A) A qualifying Federal offense, as deter-
mined 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 De-
fense, 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.’’.
(b) INITIAL DETERMINATION OF QUALIFYING MILI-
TARY 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 avail-
ability of appropriations, commence not later than the
date that is 60 days after the date of the initial determina-
tion 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 In-
vestigation shall expand the combined DNA Identi-
fication 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 Back-
log Elimination Act of 2000; and
‘‘(C) members of the Armed Forces con-
victed of a qualifying military offense, as deter-
mined under section 1565(d) of title 10, United
States Code.’’.
(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 (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 reg-
ular intervals of not to exceed 180 days,’’ and insert-
ing ‘‘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 sub-
section:
‘‘(d) EXPUNGEMENT OF RECORDS.—
‘‘(1) BY DIRECTOR.—(A) The Director of the
Federal Bureau of Investigation shall promptly ex-
punge 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 quali-
fying District of Columbia offense (as determined
under sections 3 and 4 of the DNA Analysis Back-
log Elimination Act of 2000, respectively) if the Di-
rector 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 deter-
mined under section 3 of the DNA Analysis
Backlog Elimination Act of 2000.
‘‘(ii) A qualifying District of Columbia of-
fense, as determined under section 4 of the
DNA Analysis Backlog Elimination Act of
2000.
‘‘(iii) A qualifying military offense, as de-
termined 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 ap-
peal or application for discretionary review with re-
spect 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 fol-
lowing:
‘‘(9) that the defendant cooperate in the collec-
tion of a DNA sample from the defendant if the col-
lection 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 super-
vised release, that the defendant cooperate in the collec-
tion 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 Commis-
sion shall impose as a condition of parole that the parolee
cooperate in the collection of a DNA sample from the pa-
rolee, if the collection of such a sample is authorized pur-
suant to section 3 or section 4 of the DNA Analysis Back-
log 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 proba-
tion, 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 proba-
tion, 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 Safe Streets Act of 1968 (42 U.S.C.
3753(a)(12)(C)) is amended by striking ‘‘, at regular in-
tervals of not to exceed 180 days,’’ and inserting ‘‘semi-
annual’’.
(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