H. R. 4640
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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
collection and analysis of DNA samples from certain violent and sexual offenders
for use in such system, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘DNA Analysis Backlog Elimi-
nation 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 Investigation, DNA analyses
of samples taken from individuals convicted of a qualifying
State offense (as determined under subsection (b)(3)).
(2) To carry out, for inclusion in such Combined 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 samples specified in paragraph
(2).
(b) ELIGIBILITY.—For a State to be eligible to receive a grant
under this section, the chief executive officer of the State shall
submit to the Attorney General an application in such form and
containing such information as the Attorney General may require.
The application shall—
(1) provide assurances that the State has implemented,
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 analysis 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 determined,
by statute, rule, or regulation, those offenses under State law
that shall be treated for purposes of this section as qualifying
State offenses;
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(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 subsection (a)(3).
(c) CRIMES WITHOUT SUSPECTS.—A State that proposes to allo-
cate grant amounts under paragraph (4) or (5) of subsection (b)
for the purposes specified in paragraph (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 description 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 laboratory satisfies the
quality control requirements described 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 PURPOSES.—A grant
for the purposes specified in paragraph (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 private
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 authorized 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 supplant State funds, but
shall be used to increase the amount of funds that would,
in the absence of Federal funds, be made available from State
sources for the purposes of this Act.
(2) ADMINISTRATIVE COSTS.—A State may not use more
than 3 percent of the funds it receives from this section for
administrative expenses.
(f ) REPORTS TO THE ATTORNEY GENERAL.—Each State which
receives a grant under this section shall submit 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 application; and
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(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 effective audit of the receipt and use
of grant funds received 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 District 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 author-
ized 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.
SEC. 3. COLLECTION AND USE OF DNA IDENTIFICATION INFORMATION
FROM CERTAIN FEDERAL OFFENDERS.
(a) COLLECTION OF DNA SAMPLES.—
(1) FROM INDIVIDUALS IN CUSTODY.—The Director of the
Bureau of Prisons shall collect a DNA sample from each indi-
vidual in the custody of the Bureau of Prisons who is, or
has been, convicted of a qualifying Federal offense (as deter-
mined 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
PROBA-
TION.—The probation office responsible for the supervision
under Federal law of an individual on probation, parole, or
supervised release shall collect a DNA sample from each such
individual 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.