H. R. 4640—8
(b) 
INITIAL
DETERMINATION
OF
QUALIFYING
MILITARY
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 sam-
ples under section 1565(a) of such title, as added by subsection
(a)(1), shall, subject to the availability of appropriations, commence
not later than the date that is 60 days after the date of the
initial determination 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 Investigation
shall expand the combined DNA Identification 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 Anal-
ysis Backlog Elimination Act of 2000;
‘‘(B) individuals convicted of a qualifying District of
Columbia offense, as determined under section 4(d) of the
DNA Analysis Backlog Elimination Act of 2000; and
‘‘(C) members of the Armed Forces convicted of a quali-
fying military offense, as determined under section 1565(d)
of title 10, United States Code.’’.
(b) INDEX TO FACILITATE LAW ENFORCEMENT EXCHANGE OF
DNA IDENTIFICATION INFORMATION.—Section 210304 of the Violent
Crime Control and Law Enforcement 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 accord-
ance with section 1565 of title 10, United States Code)’’;
(2) in subsection (b)(2), by striking ‘‘, at regular intervals
of not to exceed 180 days,’’ and inserting ‘‘semiannual’’;
(3) in subsection (b)(3), by inserting after ‘‘criminal justice
agencies’’ in the matter preceding subparagraph (A) the fol-
lowing: ‘‘(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 subsection:
‘‘(d) EXPUNGEMENT OF RECORDS.—
‘‘(1) BY DIRECTOR.—(A) The Director 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 District of Columbia offense (as deter-
mined under sections 3 and 4 of the DNA Analysis Backlog
Elimination Act of 2000, 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.
‘‘(B) For purposes of subparagraph (A), the term ‘qualifying
offense’ means any of the following offenses:
‘‘(i) A qualifying Federal offense, as determined under
section 3 of the DNA Analysis Backlog Elimination Act
of 2000.
H. R. 4640—9
‘‘(ii) A qualifying District of Columbia offense, as deter-
mined under section 4 of the DNA Analysis Backlog Elimi-
nation Act of 2000.
‘‘(iii) A qualifying military offense, as determined 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 over-
turned.
‘‘(B) 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.’’.
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 following:
‘‘(9) that the defendant cooperate in the collection 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.’’.
(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 supervised release, that the defendant
cooperate in the collection 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 Commission shall impose as a condition of parole that
the parolee cooperate in the collection of a DNA sample from
the parolee, if the collection of such a sample is authorized pursuant
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 probation, parole, or super-
vised 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 probation, parole, or supervised release.
SEC. 8. TECHNICAL AND CONFORMING AMENDMENTS.
(a) DRUG CONTROL AND SYSTEM IMPROVEMENT GRANTS.—Sec-
tion 503(a)(12)(C) of title I of the Omnibus Crime Control and
H. R. 4640—10
Safe Streets Act of 1968 (42 U.S.C. 3753(a)(12)(C)) is amended
by striking ‘‘, at regular intervals of not to exceed 180 days,’’
and inserting ‘‘semiannual’’.
(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 exceed 180 days,’’ and inserting ‘‘semi-
annual’’.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attorney 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 nec-
essary.
SEC. 10. PRIVACY PROTECTION STANDARDS.
(a) IN GENERAL.—Except as provided in subsection (b), any
sample collected under, or any result of any analysis 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 sub-
section (a) may be disclosed under the circumstances under which
disclosure of information included 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
Enforcement 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 authorized to receive
it; or
(2) obtains, without authorization, a sample or result
described in subsection (a),
shall be fined not more than $100,000.
SEC. 11. SENSE OF THE CONGRESS REGARDING THE OBLIGATION OF
GRANTEE STATES TO ENSURE ACCESS TO POST-CONVIC-
TION DNA TESTING AND COMPETENT COUNSEL IN CAP-
ITAL CASES.
(a) FINDINGS.—Congress finds that—
(1) over the past decade, deoxyribo-nucleic acid testing
(referred to in this section as ‘‘DNA testing’’) has emerged
as the most reliable forensic technique for identifying criminals
when biological material is left at a crime scene;
(2) because of its scientific precision, DNA testing can,
in some cases, conclusively establish the guilt or innocence
of a criminal defendant;
(3) in other cases, DNA testing may not conclusively estab-
lish guilt or innocence, but may have significant probative
value to a finder of fact;
(4) DNA testing was not widely available in cases tried
prior to 1994;
(5) new forensic DNA testing procedures have made it
possible to get results from minute samples that could not
H. R. 4640—11
previously be tested, and to obtain more informative and
accurate results than earlier forms of forensic DNA testing
could produce, resulting in some cases of convicted inmates
being exonerated by new DNA tests after earlier tests had
failed to produce definitive results;
(6) DNA testing can and has resulted in the post-conviction
exoneration of more than 75 innocent men and women,
including some under sentence of death;
(7) in more than a dozen cases, post-conviction DNA testing
that has exonerated an innocent person has also enhanced
public safety by providing evidence that led to the apprehension
of the actual perpetrator;
(8) experience has shown that it is not unduly burdensome
to make DNA testing available to inmates in appropriate cases;
(9) under current Federal and State law, it is difficult
to obtain post-conviction DNA testing because of time limits
on introducing newly discovered evidence;
(10) the National Commission on the Future of DNA Evi-
dence, a Federal panel established by the Department of Justice
and comprised of law enforcement, judicial, and scientific
experts, has urged that post-conviction DNA testing be per-
mitted in the relatively small number of cases in which it
is appropriate, notwithstanding procedural rules that could be
invoked to preclude such testing, and notwithstanding the
inability of an inmate to pay for the testing;
(11) only a few States have adopted post-conviction DNA
testing procedures;
(12) States have received millions of dollars in DNA-related
grants, and more funding is needed to improve State forensic
facilities and to reduce the nationwide backlog of DNA samples
from convicted offenders and crime scenes that need to be
tested or retested using upgraded methods;
(13) States that accept such financial assistance should
not deny the promise of truth and justice for both sides of
our adversarial system that DNA testing offers;
(14) post-conviction DNA testing and other post-conviction
investigative techniques have shown that innocent people have
been sentenced to death in the United States;
(15) a constitutional error in capital cases is incompetent
defense lawyers who fail to present important evidence that
the defendant may have been innocent or does not deserve
to be sentenced to death; and
(16) providing quality representation to defendants facing
the loss of liberty or life is essential to fundamental due process
and the speedy final resolution of judicial proceedings.
(b) SENSE OF THE CONGRESS.—It is the sense of the Congress
that—
(1) Congress should condition forensic science-related
grants to a State or State forensic facility on the State’s agree-
ment to ensure post-conviction DNA testing in appropriate
cases; and
(2) Congress should work with the States to improve the
quality of legal representation in capital cases through the
H. R. 4640—12
establishment of standards that will assure the timely appoint-
ment of competent counsel with adequate resources to represent
defendants in capital cases at each stage of those proceedings.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.