H. R. 4640—4
(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 collected
from that individual under section 1565 of title 10, United
States Code, the Director of the Bureau 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 Director of the
Bureau of Prisons or the probation office 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
collection 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 responsible (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 information in a
bodily sample.
(d) QUALIFYING FEDERAL OFFENSES.—(1) The offenses 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 described 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).
H. R. 4640—5
(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, man-
slaughter, kidnapping, maiming, a felony 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 offenses
shall be made not later than 120 days after the date of the enact-
ment of this Act.
(e) REGULATIONS.—
(1) IN GENERAL.—Except as provided in paragraph (2), this
section shall be carried out under regulations prescribed by
the Attorney General.
(2) PROBATION OFFICERS.—The Director of the Administra-
tive Office of the United States Courts shall make available
model procedures for the activities of probation officers in car-
rying out this section.
(f ) COMMENCEMENT OF COLLECTION.—Collection of DNA sam-
ples under subsection (a) shall, subject to the availability of appro-
priations, 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 INFORMATION
FROM CERTAIN DISTRICT OF COLUMBIA 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 District of Columbia offense
(as determined under subsection (d)).
(2) FROM
INDIVIDUALS
ON
RELEASE, PAROLE, OR
PROBA-
TION.—The Director of the Court Services and Offender Super-
vision Agency for the District of Columbia shall collect a DNA
sample from each individual 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 Columbia
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 Director of the
Bureau of Prisons or Agency (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 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 private entities to provide for
H. R. 4640—6
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 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 information in a
bodily sample.
(d) QUALIFYING DISTRICT OF COLUMBIA OFFENSES.—The govern-
ment of the District of Columbia may determine those offenses
under the District of Columbia Code that shall be treated for
purposes of this section as qualifying District of Columbia offenses.
(e) COMMENCEMENT OF COLLECTION.—Collection of DNA sam-
ples under subsection (a) shall, subject to the availability of appro-
priations, 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 Columbia to carry out this section such
sums as may be necessary for each of fiscal years 2001 through
2005.
SEC. 5. 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 following new section:
‘‘§ 1565. DNA identification information: collection from cer-
tain offenders; use
‘‘(a) COLLECTION OF DNA SAMPLES.—(1) The Secretary con-
cerned shall collect a DNA sample from each member of the armed
forces under the Secretary’s jurisdiction who is, or has been, con-
victed of a qualifying military offense (as determined under sub-
section (d)).
‘‘(2) For each member described in paragraph (1), if the Com-
bined DNA Index System (in this section referred to as ‘CODIS’)
of the Federal Bureau of Investigation 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 con-
cerned may (but need not) collect a DNA sample from that member.
‘‘(3) The Secretary concerned may enter into agreements with
other Federal agencies, units of State or local government, or private
H. R. 4640—7
entities to provide for the collection of samples described in para-
graph (1).
‘‘(b) ANALYSIS AND USE OF SAMPLES.—The Secretary concerned
shall furnish each DNA sample collected under subsection (a) to
the Secretary of Defense. The Secretary of Defense shall—
(1) carry out a DNA analysis on each such DNA sample
in a manner that complies with the requirements 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:
‘‘(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 information in a
bodily sample.
‘‘(d) QUALIFYING MILITARY OFFENSES.—(1) Subject to paragraph
(2), the Secretary of Defense, in consultation with the Attorney
General, shall determine those felony or sexual offenses under
the Uniform Code of Military Justice that shall be treated for
purposes of this section 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 military offense.
‘‘(e) EXPUNGEMENT.—(1) The Secretary of Defense shall
promptly expunge, from the index described in subsection (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 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 ‘qualifying offense’
means any of the following offenses:
‘‘(A) A qualifying Federal offense, as determined under
section 3 of the DNA Analysis Backlog Elimination Act of
2000.
‘‘(B) A qualifying District of Columbia offense, as deter-
mined 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 Defense, 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.’’.