of limitations has expired for each crime with re-
spect to which the sample might reasonably be used
as evidence in a court of law, the plan may (but
need not) require the DNA analysis of that sample.
(e) ANALYSIS OF SAMPLES.—
(1) IN GENERAL.—The plan shall require that
each DNA analysis be carried out in a laboratory
that satisfies quality assurance standards and is—
(A) operated by the State; or
(B) operated by a private entity pursuant
to a contract with 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 paragraph (1), a labora-
tory satisfies quality assurance standards if the
laboratory—
(i) satisfies the protocols and practices re-
ferred to in subparagraph (A)(i); or
(ii) is accredited by a nonprofit profes-
sional association of persons actively involved in
forensic science that is nationally recognized
within the forensic science community.
(f) RESTRICTIONS ON USE OF FUNDS.—
(1) FEDERAL SHARE.—The Federal share of a
grant received under this section may not exceed 75
percent of the total costs of the plan described in the
application for the fiscal year for which the assist-
ance is provided.
(2) 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.
(3) ADMINISTRATIVE COSTS.—A State may not
use more than three percent of the funds it receives
from this section for administrative expenses.
(g) 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.
(h) 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.
(i) 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.
(j) 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.
(k) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Attorney General
to carry out this section the following:
(1) $10,000,000 for fiscal year 2001.
(2) $10,000,000 for fiscal year 2002.
(3) $10,000,000 for fiscal year 2003.
(4) $10,000,000 for fiscal year 2004.
(5) $10,000,000 for fiscal year 2005.
SEC. 3. COLLECTION AND USE OF DNA IDENTIFICATION IN-
FORMATION FROM VIOLENT AND SEXUAL
FEDERAL 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 Federal offense (as determined under
subsection (d)).
(2) FROM INDIVIDUALS ON RELEASE, PAROLE,
OR
PROBATION.—The probation office responsible
for the supervision under Federal law of an indi-
vidual on 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 (e)).
(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 the probation office responsible (as appli-
cable) may (but need not) collect a DNA sample
from that individual.
(4) COLLECTION PROCEDURES.—The Director
of the Bureau of Prisons or the probation office re-
sponsible (as applicable) may use or authorize the
use of such means as are reasonably necessary to de-
tain, restrain, and collect a DNA sample from an in-
dividual who refuses to cooperate in the collection of
the sample.
(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 considered 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) 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.—
(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.—Subsection
(a) of this section shall take effect 180 days after the date
of the enactment of this Act.
SEC. 4. COLLECTION AND USE OF DNA IDENTIFICATION IN-
FORMATION FROM VIOLENT AND SEXUAL
DISTRICT OF COLUMBIA OFFENDERS.
(a) COLLECTION OF DNA SAMPLES.—
(1) FROM INDIVIDUALS IN CUSTODY.—
(A) The Government of the District of Co-
lumbia shall collect a DNA sample from each
individual in the custody of the District of Co-
lumbia who is, or has been, convicted of a quali-
fying District of Columbia offense (as deter-
mined under subsection (e)).
(B) The Director 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 determined under sub-
section (e)).
(2) FROM INDIVIDUALS ON RELEASE, PAROLE,
OR PROBATION.—The Director of the Court Services
and Offender Supervision Agency for the District of
Columbia, or the Trustee appointed under section
11232(a) of the Balanced Budget Act of 1997, as
appropriate, shall collect a DNA sample from each
individual under the supervision of the Agency or
Trustee (as applicable) who is on supervised release,
parole, or probation who is, or has been, convicted
of a qualifying District of Columbia offense (as de-
termined under subsection (e)).
(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 Government, Director of the
Bureau of Prisons, Agency, or Trustee (as applica-
ble) may (but need not) collect a DNA sample from
that individual.
(4) COLLECTION
PROCEDURES.—The Govern-
ment, Director of the Bureau of Prisons, Agency, or
Trustee (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 indi-
vidual who refuses to cooperate in the collection of
the sample.
(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 Govern-
ment, Director of the Bureau of Prisons, Agency, or
Trustee (as applicable) shall furnish each DNA sample
collected under subsection (a) to the Director of the Fed-
eral 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.
(3) The term ‘‘individual in the custody of the
District of Columbia’’ includes any individual in the
custody of, or under supervision by, any agency of
the Government of the District of Columbia, but
does not include—
(A) an individual referred to in subsection
(a)(2); or
(B) an individual who is in the custody of,
or is to be placed in the custody of, the Director
of the Bureau of Prisons.
(d) QUALIFYING
DISTRICT
OF
COLUMBIA
OF-
FENSES.—(1) Subject to paragraphs (2) and (3), the Gov-
ernment of the District of Columbia shall determine those
violent or sexual offenses under the District of Columbia
Code that shall be considered for purposes of this section
as qualifying District of Columbia offenses.
(2) The initial determination of qualifying District of
Columbia offenses under paragraph (1) shall be made not
later than 120 days after the date of the enactment of
this Act. However, if such initial determination is not
made before the end of that period, the Attorney General
shall determine those violent or sexual offenses under the
District of Columbia Code that shall be considered for pur-
poses of this section as qualifying District of Columbia
offenses.
(3) An offense that is equivalent to a qualifying Fed-
eral offense (as determined under section 3(d)) shall be
considered for purposes of this section as a qualifying Dis-
trict of Columbia offense.
(e) COMMENCEMENT OF COLLECTION.—Subsection
(a) of this section shall take effect 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 or the Trustee appointed under section 11232(a)
of the Balanced Budget Act of 1997, as appropriate, 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 IN-
FORMATION FROM VIOLENT AND SEXUAL OF-
FENDERS IN THE ARMED FORCES.
(a) IN GENERAL.—(1) Chapter 80 of title 10, United
States Code, is amended by adding after section 1564, as
added by section 542(a)(1), the end the following new sec-
tion:
‘‘§ 1565. DNA identification information: collection
from violent and sexual 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,
the Secretary concerned may (but need not) collect a DNA
sample from that member.
‘‘(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 furnish each DNA sample 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 MILITARY OFFENSES.—(1) Sub-
ject to paragraph (2), the Secretary of Defense, in con-
sultation with the Attorney General, shall determine those
violent or sexual offenses under the Uniform Code of Mili-
tary Justice that shall be considered for purposes of this
section as qualifying military offenses.
‘‘(2) An offense under the Uniform Code of Military
Justice that is equivalent 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 considered for purposes of this section as a qualifying
military offense.
‘‘(e) 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 after the item relating to
section 1564, as added by section 542(a)(2), the following
new item:
‘‘1565. DNA identification information: collection from violent and sexual of-
fenders; 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 Act.
SEC. 6. EXPANSION OF DNA IDENTIFICATION INDEX.
(a) USE
OF
ANTITERRORISM
FUNDS.—Section
811(a) of the Antiterrorism and Effective Death Penalty
Act of 1996 (28 U.S.C. 531 note) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(1);
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (2) the fol-
lowing new paragraph:
‘‘(3) 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 in accordance with section 3 of
the DNA Analysis Backlog Elimination Act of
2000;
‘‘(B) individuals convicted of a qualifying
District of Columbia offense in accordance with
section 4 of the DNA Analysis Backlog Elimi-
nation Act of 2000; and
‘‘(C) members of the Armed Forces con-
victed of a qualifying military offense in accord-
ance with section 1565 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 (a)—
(A) by inserting ‘‘or victims of crime’’
after ‘‘crime scenes’’ in paragraph (2);
(B) by striking ‘‘and’’ at the end of para-
graph (3);
(C) by striking the period at the end of
paragraph (4) and inserting ‘‘; and’’; and
(D) by inserting after paragraph (4) the
following new paragraph:
‘‘(5) analyses of DNA samples collected from—
‘‘(A) individuals convicted of a qualifying
Federal offense in accordance with section 3 of
the DNA Analysis Backlog Elimination Act of
2000;
‘‘(B) individuals convicted of a qualifying
District of Columbia offense in accordance with
section 4 of the DNA Analysis Backlog Elimi-
nation Act of 2000; and
‘‘(C) members of the Armed Forces con-
victed of a qualifying military offense in accord-
ance 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’’; and
(3) 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 if the Director receives, for each
conviction of the person of a qualifying offense, a certified
copy of a final court order (the time for appeal of which
has run) evidencing that such conviction has been over-
turned.
‘‘(2) For purposes of this subsection, 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, as deter-
mined under section 1565 of title 10, United States
Code.’’.
SEC. 7. 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 3 or section 4 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-
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’’.
(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’’.
(d) QUALITY OF LABORATORIES PREPARING DNA
INFORMATION
FOR
USE
IN
CODIS.—Section
210304(b)(2) of the Violent Crime Control and Law En-
forcement Act of 1994 (42 U.S.C. 14132(b)(2) is amended
to read as follows:
‘‘(2) prepared by laboratories—
‘‘(A) satisfying the quality assurance pro-
tocols and practices that the Director of the
Federal Bureau of Investigation considers ade-
quate to assure the quality of a forensic labora-
tory, as maintained by the Director under sec-
tion 2 of the DNA Analysis Backlog Elimi-
nation Act of 2000; or
‘‘(B) accredited by a nonprofit professional
association of persons actively involved in foren-
sic science that is nationally recognized within
the forensic science community; and’’.
Æ