DNA Analysis Backlog Elimination Act of 2000
PL 106-546 (H.R.4640), enacted 12/19/2000

114 STAT. 2726 
PUBLIC LAW 106-546—DEC. 19, 2000 
Public Law 106-546 
106th Congress 
Dec. 19, 2000 
[H.R. 4640] 
DNA Analysis 
Backlog 
Elimination Act 
of 2000. 
42 u s e 13701 
note. 
42 u s e 14135. 
Deadline. 
An Act 
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 violent and sexual offenders 
for use in such system, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "DNA Analysis Backlog Elimi-
nation Act of 2000". 
SEC. 2. 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 Investigation, DNA analyses 
of samples taken from individuals convicted of a qualifying 
State offense (as determined under subsection (b)(3)). 
(2) To carry out, for inclusion in such Combined 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 samples specified in paragraph 
(2). 
(b) ELIGIBILITY.—For a State to be eligible to receive a grant 
under this section, the chief executive officer of the State shall 
submit to the Attorney General an application in such form and 
containing such information as the Attorney General may require. 
The application shall— 
(1) provide assurances that the State has implemented, 
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 analysis 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 determined, 
by statute, rule, or regulation, those offenses under State law 
that shall be treated for purposes of this section as qualifying 
State offenses; 
PUBLIC LAW 106-546—DEC. 19, 2000 
114 STAT. 2727 
(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 subsection (a)(3). 
(c) CRIMES WITHOUT SUSPECTS.—A State that proposes to allo-
cate grant amounts under paragraph (4) or (5) of subsection (b) 
for the purposes specified in paragraph (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 description 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 laboratory satisfies the 
quality control requirements described 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 PURPOSES.—^A grant 
for the purposes specified in paragraph (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 private 
entity approved by the Attorney Greneral that satisfies quality 
assurance standards. The Attorney Greneral may make payment 
to such a laboratory for the analysis of DNA samples using 
amounts authorized 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 supplant State funds, but 
shall be used to increase the amount of funds that would, 
in the absence of Federal funds, be made available from State 
sources for the purposes of this Act. 
(2) ADMINISTRATIVE COSTS.—^A State may not use more 
than 3 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 submit to the Attorney 
Grenersd, 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 application; and 
114 STAT. 2728 
PUBLIC LAW 106-546—DEC. 19, 2000 
(2) such other information as the Attorney General may 
require. 
DeadHne. 
(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 effective audit of the receipt and use 
of grant funds received 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 District 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 author-
ized to be appropriated to the Attorney General for grants under 
subsection (a) as follows: 
(1) For grants for the purposes specified in paragraph 
(l)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. 
42 use 14135a. 
SEC. 3. COLLECTION AND USE OF DNA IDENTIFICATION INFORMATION 
FROM CERTAIN FEDERAL 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 qualifjang Federal offense (as deter-
mined 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 PROBA-
TION.—^The probation office responsible for the supervision 
under Federal law of an individual on probation, 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 (d)) or a qualifying 
military offense, as determined under section 1565 of title 10, 
United States Code. 
PUBLIC LAW 106-546—DEC. 19, 2000 
114 STAT. 2729 
(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). 
114 STAT. 2730 
PUBLIC LAW 106-546—DEC. 19, 2000 
Deadline. 
Deadline. 
42 use 14135b. 
(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 sifter 
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 FederaT 
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 
PUBLIC LAW 106-546—DEC. 19, 2000 
114 STAT. 2731 
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 
deox3a:ibonucleic 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- 
Deadline. 
pies 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 
114 STAT. 2732 
PUBLIC LAW 106-546—DEC. 19, 2000 
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 qualif3dng 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.". 
PUBLIC LAW 106-546—DEC. 19, 2000 
114 STAT. 2733 
(b) 
INITIAL 
DETERMINATION 
OF 
QUALIFYING 
MILITARY Deadline. 
OFFENSES.—^The initial determination of qualifying military offenses 
10 USC 1565 
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- 
lo use i565 
pies under section 1565(a) of such title, as added by subsection J^ote. 
(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 qualif3dng 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. 
114 STAT. 2734 
PUBLIC LAW 106-546—DEC. 19, 2000 
42 u s e 14135c. 
"(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 EHmination 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 
PUBLIC LAW 106-546—DEC. 19, 2000 
114 STAT. 2735 
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 
42 use 14135d. 
42 use 14135e. 
42 use 14135 
note. 
79-194 O - 00 - 22 : QL 3 Part 4 
114 STAT. 2736 
PUBLIC LAW 106-546—DEC. 19, 2000 
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 
PUBLIC LAW 106-546—DEC. 19, 2000 
114 STAT. 2737 
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. 
Approved December 19, 2000. 
LEGISLATIVE HISTORY—H.R. 4640: 
HOUSE REPORTS: No. 106-900, Pt. 1 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
Oct. 2, considered and passed House. 
Dec. 6, considered and passed Senate, amended. 
Dec. 7, House concurred in Senate amendment.