I
106TH CONGRESS
1ST SESSION
H. R. 2810
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
SEPTEMBER 8, 1999
Mr. KENNEDY of Rhode Island (for himself, Mr. CHABOT, and Mr. VIS-
CLOSKY) introduced the following bill; which was referred to the Com-
mittee 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 jurisdic-
tion 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 ‘‘Violent Offender DNA
Identification Act of 1999’’.
SEC. 2. ELIMINATION OF CONVICTED OFFENDER DNA
BACKLOG.
(a) DEVELOPMENT OF PLAN.—
(1) IN GENERAL.—Not later than 45 days after
the date of enactment of this Act, the Director of
the Federal Bureau of Investigation, in coordination
with the Assistant Attorney General of the Office of
Justice Programs at the Department of Justice, and
after consultation with representatives of State and
local forensic laboratories, shall develop a voluntary
plan to assist State and local forensic laboratories 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 their entry
into the Combined DNA Indexing System (CODIS).
(b) PLAN CONDITIONS.—The plan developed under
subsection (a) shall require that—
(1) each laboratory performing DNA analyses
satisfy quality assurance standards and utilize state-
of-the-art testing methods, as set forth by the Direc-
tor of the Federal Bureau of Investigation, in co-
ordination with the Assistant Attorney General of
the Office of Justice Programs of the Department of
Justice;
(2) each DNA sample collected and analyzed 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; and
(3) as a condition of receiving any funds under
this section, a State in which a participating forensic
laboratory is located must provide for automatic re-
moval of DNA analysis records when the underlying
conviction for the qualifying offense is vitiated or ex-
punged by appeal or otherwise.
(c) IMPLEMENTATION
OF PLAN.—Subject to the
availability of appropriations under subsection (d), the Di-
rector of the Federal Bureau of Investigation, in coordina-
tion with the Assistant Attorney General of the Office of
Justice Programs at the Department of Justice, shall im-
plement the plan developed pursuant to subsection (a)
with State and local forensic laboratories that elect to par-
ticipate.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Department of
Justice to carry out this section $15,000,000 for each of
fiscal years 2000 and 2001.
SEC. 3. 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 under Federal law, the Uniform
Code of Military Justice, and the District of Colum-
bia Code, in accordance 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, including qualifying of-
fenses (as defined in subsection (d)(1))’’;
(2) in subsection (b)(2), by striking ‘‘, at reg-
ular intervals of not to exceed 180 days,’’ and insert-
ing ‘‘semiannual’’; and
(3) by adding at the end the following:
‘‘(d) INCLUSION OF DNA INFORMATION RELATING
TO VIOLENT OFFENDERS.—
‘‘(1) DEFINITIONS.—In this subsection—
‘‘(A) the term ‘serious violent felony’ has
the meaning given such term in section
3559(c)(1)(F) of title 18, United States Code
and also includes offenses under section
2123(a), 2251, or 2251A of such title;
‘‘(B) the term ‘burglary’ means an offense
under chapter 103 of title 18, United States
Code, or any State offense in the nature of bur-
glary; and
‘‘(C) the term ‘qualifying offense’ means a
criminal offense included on the list established
by the Director of the Federal Bureau of Inves-
tigation 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-
politan Police Department of the District of Co-
lumbia, shall by regulation establish—
‘‘(i) a list of qualifying offenses; and
‘‘(ii) standards and procedures for—
‘‘(I) the analysis of DNA samples
collected from individuals convicted of
a qualifying offense;
‘‘(II) the inclusion in the index
established by this section of the DNA
identification records and DNA anal-
yses relating to the DNA samples de-
scribed in subclause (I); and
‘‘(III) the automatic removal of
DNA identification records and DNA
analyses described in subclause (II)
from the index established by this sec-
tion in any circumstance in which the
underlying conviction for the quali-
fying offense is vitiated or expunged
by appeal or otherwise.
‘‘(B) OFFENSES INCLUDED.—The list es-
tablished under subparagraph (A)(i) shall
include—
‘‘(i) each criminal offense under Fed-
eral law that constitutes a serious violent
felony or burglary; and
‘‘(ii) each criminal offense under the
District of Columbia Code that would, if
committed in the special maritime and ter-
ritorial jurisdiction of the United States,
constitute a serious violent felony or bur-
glary.
‘‘(3) FEDERAL OFFENDERS.—
‘‘(A) COLLECTION OF SAMPLES FROM FED-
ERAL PRISONERS.—Beginning 180 days after
the date of enactment of this subsection, the
Director of the Bureau of Prisons shall collect
a DNA sample from each individual in the cus-
tody of the Bureau of Prisons who has been
convicted of a qualifying offense.
‘‘(B) COLLECTION
OF
SAMPLES
FROM
FEDERAL
OFFENDERS
ON
SUPERVISED
RE-
LEASE, PAROLE, OR
PROBATION.—Beginning
180 days after the date of enactment of this
subsection, the agency responsible for the su-
pervision under Federal law of an individual on
supervised release, parole, or probation (other
than an individual described in paragraph
(4)(B)(i)) shall collect a DNA sample from each
individual who has been convicted of a quali-
fying offense.
‘‘(4) DISTRICT OF COLUMBIA OFFENDERS.—
‘‘(A) OFFENDERS
IN
CUSTODY
OF
DIS-
TRICT OF COLUMBIA.—
‘‘(i) IN GENERAL.—The Government
of the District of Columbia may collect a
DNA sample from each individual in the
custody of the District of Columbia as a
result of a conviction for a qualifying of-
fense.
‘‘(ii) 
AUTOMATIC
REMOVAL.—The
DNA identification records described in
clause (i) shall be automatically removed
when the underlying conviction for the
qualifying offense is vitiated or expunged
by appeal or otherwise.
‘‘(iii) DEFINITION.—In this subpara-
graph, the term ‘individual in the custody
of the District of Columbia’—
‘‘(I) includes any individual in
the custody of, or under supervision
by, any agency of the Government of
the District of Columbia; and
‘‘(II) does not include an indi-
vidual who is under the supervision of
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.
‘‘(B) OFFENDERS
ON
SUPERVISED
RE-
LEASE, PROBATION, OR
PAROLE.—Beginning
180 days after the date of enactment of this
subsection, the Director of the Court Services
and Offender Supervision Agency for the Dis-
trict of Columbia, or the Trustee appointed
under section 11232(a) of the Balanced Budget
Act of 1997, as appropriate, shall collect a
DNA sample from each individual under the su-
pervision of the Agency or Trustee, respectively,
who is on supervised release, parole, or proba-
tion who has been convicted of a qualifying of-
fense.
‘‘(5) WAIVER; 
COLLECTION
PROCEDURES.—
Notwithstanding any other provision of this sub-
section, a person or agency responsible for the col-
lection of DNA samples under this subsection may—
‘‘(A) waive the collection of a sample from
an individual under this subsection if another
person or agency has collected such a sample
from the individual under this subsection or
subsection (e); and
‘‘(B) use or authorize the use of such
means as are necessary to restrain and collect
a DNA sample from an individual who refuses
to cooperate in the collection of the sample.
‘‘(e) INCLUSION OF DNA INFORMATION RELATING
TO VIOLENT MILITARY OFFENDERS.—
‘‘(1) IN GENERAL.—Not later than 120 days
after the date of enactment of this subsection, the
Secretary of Defense shall prescribe regulations
that—
‘‘(A) specify categories of conduct punish-
able under the Uniform Code of Military Jus-
tice (referred to in this subsection as ‘qualifying
military offenses’) that are comparable to quali-
fying offenses (as defined in subsection (d)(1));
and
‘‘(B) set forth standards and procedures
for—
‘‘(i) the analysis of DNA samples col-
lected from individuals convicted of a
qualifying military offense;
‘‘(ii) the inclusion in the index estab-
lished by this section of the DNA identi-
fication records and DNA analyses relating
to the DNA samples described in clause
(i); and
‘‘(iii) the automatic removal of DNA
identification records and DNA analyses
described in clause (ii) from the index es-
tablished by this section in any cir-
cumstance in which the underlying convic-
tion for the qualifying military offense is
vitiated or expunged by appeal or other-
wise.
‘‘(2) COLLECTION
OF
SAMPLES.—Beginning
180 days after the date of enactment of this sub-
section, the Secretary of Defense shall collect a
DNA sample from each individual under the juris-
diction of the Secretary of a military department
who has been convicted of a qualifying military of-
fense.
‘‘(3) WAIVER; 
COLLECTION
PROCEDURES.—
Notwithstanding any other provision of this sub-
section, the Secretary of Defense may—
‘‘(A) waive the collection of a sample from
an individual under this subsection if another
person or agency has collected such a sample
from the individual under subsection (d); and
‘‘(B) use or authorize the use of such
means as are necessary to restrain and collect
a DNA sample from an individual who refuses
to cooperate in the collection of the sample.
‘‘(f) CRIMINAL PENALTY.—
‘‘(1) IN GENERAL.—An individual from whom
the collection of a DNA sample is required under
subsection (d) 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.
‘‘(2) MILITARY
OFFENDERS.—An individual
from whom the collection of a DNA sample is re-
quired under subsection (e) who fails to cooperate in
the collection of that sample may be punished as a
court martial may direct as a violation of the Uni-
form Code of Military Justice.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated—
‘‘(1) to the Department of Justice to carry out
subsection (d) of this section (including to reimburse
the Federal judiciary for any reasonable costs in-
curred in implementing such subsection, as deter-
mined by the Attorney General) and section 3(d) of
the Violent Offender DNA Identification Act of
1999—
‘‘(A) $6,600,000 for fiscal year 2000; and
‘‘(B) such sums as may be necessary for
each of fiscal years 2001 through 2004;
‘‘(2) to the Court Services and Offender Super-
vision Agency for the District of Columbia or the
Trustee appointed under section 11232(a) of the
Balanced Budget Act of 1997 (as appropriate), such
sums as may be necessary for each of fiscal years
2000 through 2004; and
‘‘(3) to the Department of Defense to carry out
subsection (e)—
‘‘(A) $600,000 for fiscal year 2000; and
‘‘(B) $300,000 for each of fiscal years
2001 through 2004.’’.
(c) CONDITIONS OF RELEASE.—
(1) 
CONDITIONS
OF
PROBATION.—Section
3563(a) of title 18, United States Code, is
amended—
(A) in paragraph (7), by striking ‘‘and’’ at
the end;
(B) in paragraph (8), by striking the pe-
riod at the end and inserting ‘‘; and’’; and
(C) by inserting after paragraph (8) the
following:
‘‘(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 required pursuant to sec-
tion 210304 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14132).’’.
(2) 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 de-
fendant cooperate in the collection of a DNA sample
from the defendant, if the collection of such a sam-
ple is required pursuant to section 210304 of the
Violent Crime Control and Law Enforcement Act of
1994 (42 U.S.C. 14132).’’.
(3) CONDITIONS OF RELEASE GENERALLY.—If
the collection of a DNA sample from an individual
on probation, parole, or supervised release (including
an individual on parole pursuant to chapter 311 of
title 18, United States Code, as in effect on October
30, 1997) is required pursuant to section 210304 of
the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14132), and the sample has
not otherwise been collected, the individual shall co-
operate in the collection of a DNA sample as a con-
dition of that probation, parole, or supervised re-
lease.
(d) REPORT AND EVALUATION.—Not later than one
year after the date of enactment of this Act, the Attorney
General, acting through the Assistant Attorney General
for the Office of Justice Programs of the Department of
Justice and the Director of the Federal Bureau of Inves-
tigation, shall—
(1) conduct an evaluation to—
(A) identify criminal offenses, including of-
fenses other than qualifying offenses (as defined
in section 210304(d)(1) of the Violent Crime
Control and Law Enforcement Act of 1994 (42
U.S.C. 14132(d)(1)), as added by this section)
that, if serving as a basis for the mandatory
collection of a DNA sample under section
210304 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14132) or
under State law, are likely to yield DNA
matches, and the relative degree of such likeli-
hood with respect to each such offense; and
(B) determine the number of investigations
aided (including the number of suspects
cleared), and the rates of prosecution and con-
viction of suspects identified through DNA
matching; and
(2) submit to Congress a report describing the
results of the evaluation under paragraph (1).
(e) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) DRUG
CONTROL
AND
SYSTEM
IMPROVE-
MENT 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 intervals of not to exceed 180
days,’’ and inserting ‘‘semiannual’’.
(2) 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 ex-
ceeding 180 days,’’ and inserting ‘‘semiannual’’.
(3) FEDERAL
BUREAU
OF
INVESTIGATION.—
Section 210305(a)(1)(A) of the Violent Crime Con-
trol and Law Enforcement Act of 1994 (42 U.S.C.
14133(a)(1)(A)) is amended by striking ‘‘, at reg-
ular intervals of not to exceed 180 days,’’ and insert-
ing ‘‘semiannual’’.
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