I
106TH CONGRESS
2D SESSION
H. R. 5000
To provide for post-conviction DNA testing, 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 Federal, District of Columbia,
and military offenders for use in such system, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 27, 2000
Mr. MCCOLLUM 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 provide for post-conviction DNA testing, 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 Federal, District of Colum-
bia, and military offenders for use in such system, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
‘‘CHAPTER 228A—POST-CONVICTION DNA
TESTING
‘‘Sec.
‘‘3600. DNA testing.
‘‘3600A. Prohibition on destruction of biological material.
‘‘§ 3600. DNA testing
‘‘(a) MOTION.—During the 30-month period begin-
ning on the date of enactment of this section, an individual
serving a term of imprisonment for conviction in a court
of the United States of a criminal offense (referred to in
this section as the ‘applicant’) may make a written motion
to the court that entered the judgment of conviction for
the performance of forensic DNA testing on specified evi-
dence, if that evidence—
‘‘(1) was secured in relation to the investigation
or prosecution that resulted in the conviction of the
applicant; and
‘‘(2) was not subject to the DNA testing re-
quested.
‘‘(b) NOTICE TO THE GOVERNMENT.—Upon receipt
of a motion under subsection (a), the court shall notify
the Government and shall afford the Government an op-
portunity to respond to the motion.
‘‘(c) REQUIREMENTS.—In any motion under sub-
section (a), the applicant shall—
‘‘(1) assert actual innocence of the offense for
which the applicant was convicted, under penalty of
perjury;
‘‘(2) identify the specific evidence (that was se-
cured in relation to the investigation or prosecution
that resulted in the conviction of the applicant) to
be tested and a theory of defense, not inconsistent
with previously asserted theories, that the requested
DNA testing would support; and
‘‘(3) present a prima facie showing that—
‘‘(A) the identity of the perpetrator was at
issue in the trial that resulted in the conviction
of the applicant; and
‘‘(B) DNA testing of the specified evidence
would, assuming exculpatory results, establish
the actual innocence of the applicant of—
‘‘(i) the offense for which the appli-
cant was convicted; or
‘‘(ii) uncharged conduct, if the exon-
eration of the applicant of such conduct
would result in a mandatory reduction in
the sentence of the applicant.
‘‘(d) ORDER.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the court shall order the testing requested
in a motion under subsection (a) under reasonable
conditions designed to protect the interests of the
Government in the integrity of the evidence and the
testing process, upon a determination, after review
of the record of the trial of the applicant, that—
‘‘(A) the applicant has met the require-
ments of subsection (c);
‘‘(B) the evidence to be tested is in the
possession of the Government or the court and
has been subject to a chain of custody sufficient
to establish that it has not been altered in any
material respect; and
‘‘(C) the motion is made in a timely man-
ner and for the purpose of demonstrating the
actual innocence of the applicant and not to
delay the execution of sentence or administra-
tion of justice.
‘‘(2) EXCEPTION.—The court shall not order
the testing requested in a motion under subsection
(a) if, after review of the record of the trial of the
applicant, the court determines that there is no rea-
sonable possibility that the testing will produce ex-
culpatory evidence that would establish the actual
innocence of the applicant of—
‘‘(A) the offense for which the applicant
was convicted; or
‘‘(B) uncharged conduct, if the exoneration
of the applicant of such conduct would result in
a mandatory reduction in the sentence of the
applicant.
‘‘(3) FINAL ORDER.—An order under this sub-
section is a final order for purposes of section 1291
of title 28, United States Code.
‘‘(e) TESTING PROCEDURES.—
‘‘(1) SELECTION OF LABORATORY.—Any DNA
testing ordered under this section shall be conducted
by—
‘‘(A) a laboratory mutually selected by the
Government and the applicant; or
‘‘(B) if the Government and the applicant
are unable to agree on a laboratory, a labora-
tory selected by the court that ordered the test-
ing.
‘‘(2) COSTS.—The costs of any testing ordered
under this section shall be paid—
‘‘(A) by the applicant; or
‘‘(B) in the case of an applicant who is in-
digent, by the court.
‘‘(f) TIME LIMITATION IN CAPITAL CASES.—In any
case in which the applicant is sentenced to death—
‘‘(1) any DNA testing ordered under this sec-
tion shall be completed not later than 120 days after
the date on which the Government responds to the
motion under subsection (a); and
‘‘(2) the court shall order any post-testing pro-
cedures under subsection (g) not later than 30 days
after the date on which the DNA testing is com-
pleted.
‘‘(g) POST-TESTING PROCEDURES.—
‘‘(1) RESULTS UNFAVORABLE TO APPLICANT.—
If the DNA testing conducted under this section
produces inconclusive evidence or evidence that is
unfavorable to the applicant—
‘‘(A) the court shall—
‘‘(i) dismiss the application; and
‘‘(ii) forward the results of the testing
to the appropriate parole board that would
have jurisdiction over a request for parole
by the applicant; and
‘‘(B) the Government shall compare the
evidence to DNA evidence from unsolved crimes
in the Combined DNA Index System (CODIS).
‘‘(2) RESULTS FAVORABLE TO APPLICANT.—If
the DNA testing conducted under this section pro-
duces exculpatory evidence—
‘‘(A) the applicant may, during the 60-day
period beginning on the date on which the ap-
plicant is notified of the test results, make a
motion to the court that ordered the testing for
a new trial based on newly discovered evidence
under rule 33 of the Federal Rules of Criminal
Procedure, notwithstanding any provision of law
that would bar such a motion as untimely; and
‘‘(B) upon receipt of a motion under sub-
paragraph (A), the court that ordered the test-
ing shall consider the motion under rule 33 of
the Federal Rules of Criminal Procedure, not-
withstanding any provision of law that would
bar such consideration as untimely.
‘‘(h) APPLICABILITY
TO FEDERAL HABEAS COR-
PUS.—The denial of post-conviction DNA testing by a
Federal or State court shall not be a ground for relief in
any proceeding under Federal habeas corpus.
‘‘(i) COUNSEL.—The court may appoint counsel for
an indigent applicant under this section.
‘‘§ 3600A. Prohibition on destruction of biological ma-
terial
‘‘(a) PROHIBITION.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law, during the period described in
paragraph (2), the Government shall not destroy any
biological material preserved in any case in which
the identity of the perpetrator was at issue during
trial, if the defendant is serving a term of imprison-
ment following conviction in that case.
‘‘(2) PERIOD
DESCRIBED.—The period de-
scribed in this paragraph is the period beginning on
the date of enactment of this section and ending on
the later of—
‘‘(A) the expiration of the 30-month period
beginning on that date of enactment; or
‘‘(B) the date on which any proceedings
under section 3600 relating to the case are
completed.
‘‘(b) SANCTIONS FOR INTENTIONAL VIOLATION.—
The court may impose appropriate sanctions, including
criminal contempt, for an intentional violation of sub-
section (a).’’.
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The analysis for part II of title 18, United
States Code, is amended by inserting after the item
relating to section 228 the following:
‘‘228A. Post-conviction DNA testing ........................................... 3600’’.
(b) APPLICABILITY.—The amendments made by this
section shall take effect on the date of the enactment of
this title and shall apply with respect to any judgment of
conviction entered before, on, or after that date of enact-
ment.
SEC. 102. REPEAL.
Effective 30 months after the date of the enactment
of this title, this title and the amendments made by this
title are repealed.
TITLE II—CONVICTED
OFFENDER DNA INDEX SYSTEM
SEC. 201. 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)(2)).
(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-
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).
(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-
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 title.
(2) ADMINISTRATIVE COSTS.—A State may not
use more than three 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 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-
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.
SEC. 202. COLLECTION AND USE OF DNA IDENTIFICATION
INFORMATION 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
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.
(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).
(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 2252A), or to transportation
for illegal sexual activity (as described in chapter
117 of such title, sections 2421, 2422, 2423, and
2425).
(C) 
Kidnapping 
(as 
defined 
in 
section
3559(c)(2)(E) of such title).
(D) Burglary.
(E) 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 title.
(e) REGULATIONS.—
(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 title.
SEC. 203. COLLECTION AND USE OF DNA IDENTIFICATION
INFORMATION FROM CERTAIN DISTRICT OF
COLUMBIA 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
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).
(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.
(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 title.
(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. 204. COLLECTION AND USE OF DNA IDENTIFICATION
INFORMATION 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-
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 202(a) of the Criminal Justice
Integrity and Law Enforcement Assistance Act, the Sec-
retary concerned may (but need not) collect a DNA sam-
ple from that member.
‘‘(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 carry out a DNA analysis on each
such DNA sample and furnish the results of each such
analysis to the Director of the Federal Bureau of Inves-
tigation for inclusion 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 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 202(d) of the Criminal Jus-
tice Integrity and Law Enforcement Assistance Act), as
determined by the Secretary in consultation with the At-
torney General, shall be treated for purposes of this sec-
tion as a qualifying military 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-
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 202 of the Criminal Justice In-
tegrity and Law Enforcement Assistance Act.
‘‘(B) A qualifying District of Columbia offense,
as determined under section 203 of the Criminal
Justice Integrity and Law Enforcement Assistance
Act.
‘‘(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 title.
(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. 205. 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
202(d) of the Criminal Justice Integrity and
Law Enforcement Assistance Act;
‘‘(B) individuals convicted of a qualifying
District of Columbia offense, as determined
under section 203(d) of the Criminal Justice
Integrity and Law Enforcement Assistance Act;
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)—
(A) by striking ‘‘, at regular intervals of
not to exceed 180 days,’’ and inserting ‘‘semi-
annual’’; and
(B) by inserting before the semicolon the
following: ‘‘ (or prepared by the Secretary of
Defense in accordance with section 1565 of title
10, United States Code)’’;
(3) in subsection (b)(3), by inserting after
‘‘criminal justice agency’’ 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) The Direc-
tor of the Federal Bureau of Investigation shall promptly
expunge 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 qualifying Dis-
trict of Columbia offense (as determined under section
202 and 203 of the Criminal Justice Integrity and Law
Enforcement Assistance Act, respectively) if the Director
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.
‘‘(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 202 of the Criminal Justice In-
tegrity and Law Enforcement Assistance Act.
‘‘(B) A qualifying District of Columbia offense,
as determined under section 203 of the Criminal
Justice Integrity and Law Enforcement Assistance
Act.
‘‘(C) A qualifying military offense, as deter-
mined under section 1565 of title 10, United States
Code.
‘‘(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.’’.
SEC. 206. 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 202 of the Criminal Justice Integrity and
Law Enforcement Assistance Act.’’.
(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 202
of the Criminal Justice Integrity and Law Enforcement
Assistance Act.’’.
(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 202 or section 203 of the Criminal Justice
Integrity and Law Enforcement Assistance Act 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 202 or 203 of this title 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 pro-
bation, parole, or supervised release.
SEC. 207. 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
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. 208. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attor-
ney General to carry out this title (including to reimburse
the Federal judiciary for any reasonable costs incurred in
implementing such title, as determined by the Attorney
General) such sums as may be necessary.
SEC. 209. 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 201, 202, or 203 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—
(1) discloses a sample or result described in
subsection (a) in any manner to any person not au-
thorized to receive it; or
(2) obtains, without authorization, a sample or
result described in subsection (a),
shall be fined not more than $100,000.
Æ