II
106TH CONGRESS
2D SESSION
H. R. 4640
IN THE SENATE OF THE UNITED STATES
OCTOBER 3 (legislative day, SEPTEMBER 22), 2000
Received
AN ACT
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 col-
lection and analysis of DNA samples from certain violent
and sexual offenders for use in such system, and for
other purposes.
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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 ‘‘DNA Analysis Backlog
Elimination Act of 2000’’.
SEC. 2. AUTHORIZATION OF GRANTS.
(a) AUTHORIZATION
OF GRANTS.—The Attorney
General may make grants to eligible States for use by the
State for the following purposes:
(1) To carry out, for inclusion in the Combined
DNA Index System of the Federal Bureau of Inves-
tigation, DNA analyses of samples taken from indi-
viduals convicted of a qualifying State offense (as
determined under subsection (b)(3)).
(2) To carry out, for inclusion in such Com-
bined DNA Index System, DNA analyses of samples
from crime scenes.
(3) To increase the capacity of laboratories
owned by the State or by units of local government
within the State to carry out DNA analyses of sam-
ples specified in paragraph (2).
(b) ELIGIBILITY.—For a State to be eligible to re-
ceive a grant under this section, the chief executive officer
of the State shall submit to the Attorney General an appli-
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cation in such form and containing such information as
the Attorney General may require. The application shall—
(1) provide assurances that the State has imple-
mented, or will implement not later than 120 days
after the date of such application, a comprehensive
plan for the expeditious DNA analysis of samples in
accordance with this section;
(2) include a certification that each DNA anal-
ysis carried out under the plan shall be maintained
pursuant to the privacy requirements described in
section 210304(b)(3) of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C.
14132(b)(3));
(3) include a certification that the State has de-
termined, by statute, rule, or regulation, those of-
fenses under State law that shall be treated for pur-
poses of this section as qualifying State offenses;
(4) specify the allocation that the State shall
make, in using grant amounts to carry out DNA
analyses of samples, as between samples specified in
subsection (a)(1) and samples specified in subsection
(a)(2); and
(5) specify that portion of grant amounts that
the State shall use for the purpose specified in sub-
section (a)(3).
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(c) CRIMES WITHOUT SUSPECTS.—A State that pro-
poses to allocate grant amounts under paragraph (4) or
(5) of subsection (b) for the purposes specified in para-
graph (2) or (3) of subsection (a) shall use such allocated
amounts to conduct or facilitate DNA analyses of those
samples that relate to crimes in connection with which
there are no suspects.
(d) ANALYSIS OF SAMPLES.—
(1) IN GENERAL.—The plan shall require that,
except as provided in paragraph (3), each DNA
analysis be carried out in a laboratory that satisfies
quality assurance standards and is—
(A) operated by the State or a unit of local
government within the State; or
(B) operated by a private entity pursuant
to a contract with the State or a unit of local
government within the State.
(2) QUALITY
ASSURANCE
STANDARDS.—(A)
The Director of the Federal Bureau of Investigation
shall maintain and make available to States a de-
scription of quality assurance protocols and practices
that the Director considers adequate to assure the
quality of a forensic laboratory.
(B) For purposes of this section, a laboratory
satisfies quality assurance standards if the labora-
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tory satisfies the quality control requirements de-
scribed in paragraphs (1) and (2) of section
210304(b) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14132(b)).
(3) USE
OF
VOUCHERS
FOR
CERTAIN
PUR-
POSES.—A grant for the purposes specified in para-
graph (1) or (2) of subsection (a) may be made in
the form of a voucher for laboratory services, which
may be redeemed at a laboratory operated by a pri-
vate entity approved by the Attorney General that
satisfies quality assurance standards. The Attorney
General may make payment to such a laboratory for
the analysis of DNA samples using amounts author-
ized for those purposes under subsection (j).
(e) RESTRICTIONS ON USE OF FUNDS.—
(1) NONSUPPLANTING.—Funds made available
pursuant to this section shall not be used to sup-
plant State funds, but shall be used to increase the
amount of funds that would, in the absence of Fed-
eral funds, be made available from State sources for
the purposes of this Act.
(2) ADMINISTRATIVE COSTS.—A State may not
use more than three percent of the funds it receives
from this section for administrative expenses.
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(f) REPORTS TO THE ATTORNEY GENERAL.—Each
State which receives a grant under this section shall sub-
mit to the Attorney General, for each year in which funds
from a grant received under this section is expended, a
report at such time and in such manner as the Attorney
General may reasonably require, which contains—
(1) a summary of the activities carried out
under the grant and an assessment of whether such
activities are meeting the needs identified in the ap-
plication; and
(2) such other information as the Attorney
General may require.
(g) REPORTS TO CONGRESS.—Not later than 90 days
after the end of each fiscal year for which grants are made
under this section, the Attorney General shall submit to
the Congress a report that includes—
(1) the aggregate amount of grants made under
this section to each State for such fiscal year; and
(2) a summary of the information provided by
States receiving grants under this section.
(h) EXPENDITURE RECORDS.—
(1) IN GENERAL.—Each State which receives a
grant under this section shall keep records as the
Attorney General may require to facilitate an effec-
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tive audit of the receipt and use of grant funds re-
ceived under this section.
(2) ACCESS.—Each State which receives a
grant under this section shall make available, for the
purpose of audit and examination, such records as
are related to the receipt or use of any such grant.
(i) DEFINITION.—For purposes of this section, the
term ‘‘State’’ means a State of the United States, the Dis-
trict of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam,
and the Northern Mariana Islands.
(j) AUTHORIZATION OF APPROPRIATIONS.—Amounts
are authorized to be appropriated to the Attorney General
for grants under subsection (a) as follows:
(1) For grants for the purposes specified in
paragraph (1) of such subsection—
(A) $15,000,000 for fiscal year 2001;
(B) $15,000,000 for fiscal year 2002; and
(C) $15,000,000 for fiscal year 2003.
(2) For grants for the purposes specified in
paragraphs (2) and (3) of such subsection—
(A) $25,000,000 for fiscal year 2001;
(B) $50,000,000 for fiscal year 2002;
(C) $25,000,000 for fiscal year 2003; and
(D) $25,000,000 for fiscal year 2004.
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SEC. 3. COLLECTION AND USE OF DNA IDENTIFICATION IN-
FORMATION FROM CERTAIN FEDERAL OF-
FENDERS.
(a) COLLECTION OF DNA SAMPLES.—
(1) FROM INDIVIDUALS IN CUSTODY.—The Di-
rector of the Bureau of Prisons shall collect a DNA
sample from each individual in the custody of the
Bureau of Prisons who is, or has been, convicted of
a qualifying Federal offense (as determined under
subsection (d)) or a qualifying military offense, as
determined under section 1565 of title 10, United
States Code.
(2) FROM INDIVIDUALS ON RELEASE, PAROLE,
OR
PROBATION.—The probation office responsible
for the supervision under Federal law of an indi-
vidual on probation, parole, or supervised release
shall collect a DNA sample from each such indi-
vidual who is, or has been, convicted of a qualifying
Federal offense (as determined under subsection (d))
or a qualifying military offense, as determined under
section 1565 of title 10, United States Code.
(3) INDIVIDUALS
ALREADY
IN
CODIS.—For
each individual described in paragraph (1) or (2), if
the Combined DNA Index System (in this section
referred to as ‘‘CODIS’’) of the Federal Bureau of
Investigation contains a DNA analysis with respect
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to that individual, or if a DNA sample has been col-
lected from that individual under section 1565 of
title 10, United States Code, the Director of the Bu-
reau of Prisons or the probation office responsible
(as applicable) may (but need not) collect a DNA
sample from that individual.
(4) COLLECTION PROCEDURES.—(A) The Di-
rector of the Bureau of Prisons or the probation of-
fice responsible (as applicable) may use or authorize
the use of such means as are reasonably necessary
to detain, restrain, and collect a DNA sample from
an individual who refuses to cooperate in the collec-
tion of the sample.
(B) The Director of the Bureau of Prisons or
the probation office, as appropriate, may enter into
agreements with units of State or local government
or with private entities to provide for the collection
of the samples described in paragraph (1) or (2).
(5) CRIMINAL PENALTY.—An individual from
whom the collection of a DNA sample is authorized
under this subsection 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.
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(b) ANALYSIS AND USE OF SAMPLES.—The Director
of the Bureau of Prisons or the probation office respon-
sible (as applicable) shall furnish each DNA sample col-
lected under subsection (a) to the Director of the Federal
Bureau of Investigation, who shall carry out a DNA anal-
ysis on each such DNA sample and include the results
in CODIS.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘DNA sample’’ means a tissue,
fluid, or other bodily sample of an individual on
which a DNA analysis can be carried out.
(2) The term ‘‘DNA analysis’’ means analysis
of the deoxyribonucleic acid (DNA) identification in-
formation in a bodily sample.
(d) QUALIFYING FEDERAL OFFENSES.—(1) The of-
fenses that shall be treated for purposes of this section
as qualifying Federal offenses are the following offenses
under title 18, United States Code, as determined by the
Attorney General:
(A) Murder (as described in section 1111 of
such title), voluntary manslaughter (as described in
section 1112 of such title), or other offense relating
to homicide (as described in chapter 51 of such title,
sections 1113, 1114, 1116, 1118, 1119, 1120, and
1121).
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(B) An offense relating to sexual abuse (as de-
scribed in chapter 109A of such title, sections 2241
through 2245), to sexual exploitation or other abuse
of children (as described in chapter 110 of such title,
sections 2251 through 2252), or to transportation
for illegal sexual activity (as described in chapter
117 of such title, sections 2421, 2422, 2423, and
2425).
(C) An offense relating to peonage and slavery
(as described in chapter 77 of such title).
(D) 
Kidnapping 
(as 
defined 
in 
section
3559(c)(2)(E) of such title).
(E) An offense involving robbery or burglary
(as described in chapter 103 of such title, sections
2111 through 2114, 2116, and 2118 through 2119).
(F) Any violation of section 1153 involving
murder, manslaughter, kidnapping, maiming, a fel-
ony offense relating to sexual abuse (as described in
chapter 109A), incest, arson, burglary, or robbery.
(G) Any attempt or conspiracy to commit any
of the above offenses.
(2) The initial determination of qualifying Federal of-
fenses shall be made not later than 120 days after the
date of the enactment of this Act.
(e) REGULATIONS.—