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(1) IN GENERAL.—Except as provided in para-
graph (2), this section shall be carried out under
regulations prescribed by the Attorney General.
(2) PROBATION
OFFICERS.—The Director of
the Administrative Office of the United States
Courts shall make available model procedures for the
activities of probation officers in carrying out this
section.
(f) COMMENCEMENT OF COLLECTION.—Collection of
DNA samples under subsection (a) shall, subject to the
availability of appropriations, commence not later than the
date that is 180 days after the date of the enactment of
this Act.
SEC. 4. COLLECTION AND USE OF DNA IDENTIFICATION IN-
FORMATION FROM CERTAIN DISTRICT OF CO-
LUMBIA OFFENDERS.
(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 District of Columbia offense (as deter-
mined under subsection (d)).
(2) FROM INDIVIDUALS ON RELEASE, PAROLE,
OR PROBATION.—The Director of the Court Services
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and Offender Supervision Agency for the District of
Columbia shall collect a DNA sample from each in-
dividual under the supervision of the Agency who is
on supervised release, parole, or probation who is, or
has been, convicted of a qualifying District of Co-
lumbia offense (as determined under subsection (d)).
(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
to that individual, the Director of the Bureau of
Prisons or Agency (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 Agency (as appli-
cable) 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 re-
fuses to cooperate in the collection of the sample.
(B) The Director of the Bureau of Prisons or
Agency, as appropriate, may enter into agreements
with units of State or local government or with pri-
vate entities to provide for the collection of the sam-
ples described in paragraph (1) or (2).
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(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.
(b) ANALYSIS AND USE OF SAMPLES.—The Director
of the Bureau of Prisons or Agency (as applicable) shall
furnish each DNA sample collected under subsection (a)
to the Director of the Federal Bureau of Investigation,
who shall carry out a DNA analysis 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
DISTRICT
OF
COLUMBIA
OF-
FENSES.—The Government of the District of Columbia
may determine those offenses under the District of Colum-
bia Code that shall be treated for purposes of this section
as qualifying District of Columbia offenses.
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(e) COMMENCEMENT OF COLLECTION.—Collection of
DNA samples under subsection (a) shall, subject to the
availability of appropriations, commence not later than the
date that is 180 days after the date of the enactment of
this Act.
(f) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Court Services
and Offender Supervision Agency for the District of Co-
lumbia to carry out this section such sums as may be nec-
essary for each of fiscal years 2001 through 2005.
SEC. 5. COLLECTION AND USE OF DNA IDENTIFICATION IN-
FORMATION FROM CERTAIN OFFENDERS IN
THE ARMED FORCES.
(a) IN GENERAL.—(1) Chapter 80 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 1565. DNA identification information: collection
from certain offenders; use
‘‘(a) COLLECTION OF DNA SAMPLES.—(1) The Sec-
retary concerned shall collect a DNA sample from each
member of the armed forces under the Secretary’s juris-
diction who is, or has been, convicted of a qualifying mili-
tary offense (as determined under subsection (d)).
‘‘(2) For each member described in paragraph (1),
if the Combined DNA Index System (in this section re-
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ferred to as ‘CODIS’) of the Federal Bureau of Investiga-
tion contains a DNA analysis with respect to that member,
or if a DNA sample has been or is to be collected from
that member under section 3(a) of the DNA Analysis
Backlog Elimination Act of 2000, the Secretary concerned
may (but need not) collect a DNA sample from that mem-
ber.
‘‘(3) The Secretary concerned may enter into agree-
ments with other Federal agencies, units of State or local
government, or private entities to provide for the collection
of samples described in paragraph (1).
‘‘(b) ANALYSIS AND USE OF SAMPLES.—The Sec-
retary concerned shall furnish each DNA sample collected
under subsection (a) to the Secretary of Defense. The Sec-
retary of Defense shall—
(1) carry out a DNA analysis on each such
DNA sample in a manner that complies with the re-
quirements for inclusion of that analysis in CODIS;
and
(2) furnish the results of each such analysis to
the Director of the Federal Bureau of Investigation
for inclusion in CODIS.
‘‘(c) DEFINITIONS.—In this section:
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‘‘(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 MILITARY OFFENSES.—(1) Sub-
ject to paragraph (2), the Secretary of Defense, in con-
sultation with the Attorney General, shall determine those
felony or sexual offenses under the Uniform Code of Mili-
tary Justice that shall be treated for purposes of this sec-
tion as qualifying military offenses.
‘‘(2) An offense under the Uniform Code of Military
Justice that is comparable to a qualifying Federal offense
(as determined under section 3(d) of the DNA Analysis
Backlog Elimination Act of 2000), as determined by the
Secretary in consultation with the Attorney General, shall
be treated for purposes of this section as a qualifying mili-
tary offense.
‘‘(e) EXPUNGEMENT.—(1) The Secretary of Defense
shall promptly expunge, from the index described in sub-
section (a) of section 210304 of the Violent Crime Control
and Law Enforcement Act of 1994, the DNA analysis of
a person included in the index on the basis of a qualifying
military offense if the Secretary receives, for each convic-
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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.’’.
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(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;
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‘‘(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
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(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.
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‘‘(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—
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(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
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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
Backlog 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’’.
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(c) FEDERAL BUREAU OF INVESTIGATION.—Section
210305(a)(1)(A) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14133(a)(1)(A)) is
amended by striking ‘‘, at regular intervals of not to ex-
ceed 180 days,’’ and inserting ‘‘semiannual’’.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attor-
ney General to carry out this Act (including to reimburse
the Federal judiciary for any reasonable costs incurred in
implementing such Act, as determined by the Attorney
General) such sums as may be necessary.
SEC. 10. PRIVACY PROTECTION STANDARDS.
(a) IN GENERAL.—Except as provided in subsection
(b), any sample collected under, or any result of any anal-
ysis carried out under, section 2, 3, or 4 may be used only
for a purpose specified in such section.
(b) PERMISSIVE USES.—A sample or result described
in subsection (a) may be disclosed under the cir-
cumstances under which disclosure of information in-
cluded in the Combined DNA Index System is allowed,
as specified in subparagraphs (A) through (D) of section
210304(b)(3) of the Violent Crime Control and Law En-
forcement Act of 1994 (42 U.S.C. 14132(b)(3)).
(c) CRIMINAL PENALTY.—A person who knowingly—