[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4640 Introduced in House (IH)]
106th CONGRESS
2d Session
H. R. 4640
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 12, 2000
Mr. McCollum (for himself, Mr. Scott, Mr. Gilman, Mr. Kennedy of Rhode
Island, Mr. Weiner, and Mr. Chabot) introduced the following bill;
which was referred to the Committee 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 jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
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 Elimination Act
of 2000''.
SEC. 2. AUTHORIZATION OF GRANTS.
(a) Authorization of Grants.--The Attorney General may make grants
under this section to eligible States for use by the State to carry
out, for inclusion in the Combined DNA Index System of the Federal
Bureau of Investigation, DNA analyses of the following samples:
(1) Samples taken from individuals convicted of a
qualifying State offense (as determined under subsection
(b)(2)).
(2) Samples from crime scenes, or victims of crime.
(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 the State has determined,
by statute, rule, or regulation, those violent or sexual
offenses under State law that shall be considered for purposes
of this section as qualifying State offenses; and
(3) specify the allocation that the State, in using grant
amounts to carry out DNA analyses of samples, shall make as
between samples specified in subsection (a)(1) and samples
specified in subsection (a)(2).
(c) Preference.--Among States that propose to allocate grant
amounts under subsection (b)(3) to samples specified in subsection
(a)(2), the Attorney General shall give a preference to a State if that
State proposes to use such allocated amounts to conduct DNA analyses of
those samples that relate to crimes in connection with which there are
no suspects.
(d) Covered Samples.--
(1) In general.--Except as provided in paragraph (2), the
plan shall require the DNA analysis of each sample specified in
paragraphs (1) and (2) of subsection (a) collected before the
date of the enactment of this Act but not analyzed before such
date.
(2) Crimes for which statute of limitations has expired.--
In the case of a sample specified in paragraph (2) of
subsection (a), if the statute of limitations has expired for
each crime with respect 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 description 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 laboratory satisfies
quality assurance standards if the laboratory--
(i) satisfies the protocols and practices referred
to in subparagraph (A)(i); or
(ii) is accredited by a nonprofit professional
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 assistance is provided.
(2) 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.
(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 submit 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 application; 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 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.
(j) 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.
(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 INFORMATION FROM
VIOLENT AND SEXUAL 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
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 individual 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 applicable) 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 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.
(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
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 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 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 offenses 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 paragraph (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 INFORMATION 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 Columbia
shall collect a DNA sample from each individual in the
custody of the District of Columbia who is, or has
been, convicted of a qualifying District of Columbia
offense (as determined 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 subsection (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 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 Government, Director of the
Bureau of Prisons, Agency, or Trustee (as applicable) may (but
need not) collect a DNA sample from that individual.
(4) Collection procedures.--The Government, 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
individual 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 Government, 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
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.
(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 Offenses.--(1) Subject to
paragraphs (2) and (3), the Government 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 purposes of this
section as qualifying District of Columbia offenses.
(3) An offense that is equivalent to a qualifying Federal offense
(as determined under section 3(d)) shall be considered for purposes of
this section as a qualifying District 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 Columbia 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 INFORMATION FROM
VIOLENT AND SEXUAL OFFENDERS 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 section:
``Sec. 1565. DNA identification information: collection from violent
and sexual offenders; use
``(a) Collection of DNA Samples.--(1) The Secretary concerned shall
collect a DNA sample from each member of the armed forces under the
Secretary's jurisdiction who is, or has been, convicted of a qualifying
military offense (as determined under subsection (d)).
``(2) For each member described in paragraph (1), 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 member, the Secretary concerned may (but need not) collect a DNA
sample from that member.
``(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 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 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 violent or sexual offenses under the Uniform Code
of Military 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 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 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 offenders; use.''.
(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.
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 paragraph (2) and
inserting ``; and''; and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) 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 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 Elimination Act of 2000;
and
``(C) members of the Armed Forces convicted of a
qualifying military offense in accordance with section
1565 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 (a)--
(A) by inserting ``or victims of crime'' after
``crime scenes'' in paragraph (2);
(B) by striking ``and'' at the end of paragraph
(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 Elimination Act of 2000;
and
``(C) members of the Armed Forces convicted of a
qualifying military offense in accordance 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''; and
(3) by adding at the end the following new subsection:
``(d) Expungement of Records.--(1) The Director 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 overturned.
``(2) For purposes of this subsection, 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
determined under section 4 of the DNA Analysis Backlog
Elimination Act of 2000.
``(C) A qualifying military offense, as determined 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 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 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 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 or section 4 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.''.
(d) Conditions of Release Generally.--If the collection of a DNA
sample from an individual on probation, parole, or supervised release
(including an individual on parole pursuant to chapter 311 of title 18,
United States Code, as in effect on October 30, 1997) is authorized
pursuant to section 3 or 4 of this Act, and the sample has not
otherwise been collected, 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.--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 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 ``semiannual''.
(d) Quality of Laboratories Preparing DNA Information for Use in
CODIS.--Section 210304(b)(2) of the Violent Crime Control and Law
Enforcement 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 protocols
and practices that the Director of the Federal Bureau
of Investigation considers adequate to assure the
quality of a forensic laboratory, as maintained by the
Director under section 2 of the DNA Analysis Backlog
Elimination Act of 2000; or
``(B) accredited by a nonprofit professional
association of persons actively involved in forensic
science that is nationally recognized within the
forensic science community; and''.
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