[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5000 Introduced in House (IH)]
106th CONGRESS
2d Session
H. R. 5000
To provide for post-conviction DNA testing, 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 Federal, District of Columbia,
and military offenders for use in such system, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2000
Mr. McCollum 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 provide for post-conviction DNA testing, 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 Federal, District of Columbia,
and military 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Criminal Justice
Integrity and Law Enforcement Assistance Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--POST-CONVICTION DNA TESTING IN FEDERAL COURT
Sec. 101. Post-conviction DNA testing.
Sec. 102. Repeal.
TITLE II--CONVICTED OFFENDER DNA INDEX SYSTEM
Sec. 201. Authorization of grants.
Sec. 202. Collection and use of DNA identification information from
certain Federal offenders.
Sec. 203. Collection and use of DNA identification information from
certain District of Columbia offenders.
Sec. 204. Collection and use of DNA identification information from
certain offenders in the Armed Forces.
Sec. 205. Expansion of DNA identification index.
Sec. 206. Conditions of release.
Sec. 207. Technical and conforming amendments.
Sec. 208. Authorization of appropriations.
Sec. 209. Privacy protection standards.
TITLE I--POST-CONVICTION DNA TESTING IN FEDERAL COURT
SEC. 101. POST-CONVICTION DNA TESTING.
(a) Federal Criminal Procedure.--
(1) In general.--Part II of title 18, United States Code,
is amended by inserting after chapter 228 the following:
``CHAPTER 228A--POST-CONVICTION DNA TESTING
``Sec.
``3600. DNA testing.
``3600A. Prohibition on destruction of biological material.
``Sec. 3600. DNA testing
``(a) Motion.--During the 30-month period beginning on the date of
enactment of this section, an individual serving a term of imprisonment
for conviction in a court of the United States of a criminal offense
(referred to in this section as the `applicant') may make a written
motion to the court that entered the judgment of conviction for the
performance of forensic DNA testing on specified evidence, if that
evidence--
``(1) was secured in relation to the investigation or
prosecution that resulted in the conviction of the applicant;
and
``(2) was not subject to the DNA testing requested.
``(b) Notice to the Government.--Upon receipt of a motion under
subsection (a), the court shall notify the Government and shall afford
the Government an opportunity to respond to the motion.
``(c) Requirements.--In any motion under subsection (a), the
applicant shall--
``(1) assert actual innocence of the offense for which the
applicant was convicted, under penalty of perjury;
``(2) identify the specific evidence (that was secured in
relation to the investigation or prosecution that resulted in
the conviction of the applicant) to be tested and a theory of
defense, not inconsistent with previously asserted theories,
that the requested DNA testing would support; and
``(3) present a prima facie showing that--
``(A) the identity of the perpetrator was at issue
in the trial that resulted in the conviction of the
applicant; and
``(B) DNA testing of the specified evidence would,
assuming exculpatory results, establish the actual
innocence of the applicant of--
``(i) the offense for which the applicant
was convicted; or
``(ii) uncharged conduct, if the
exoneration of the applicant of such conduct
would result in a mandatory reduction in the
sentence of the applicant.
``(d) Order.--
``(1) In general.--Except as provided in paragraph (2), the
court shall order the testing requested in a motion under
subsection (a) under reasonable conditions designed to protect
the interests of the Government in the integrity of the
evidence and the testing process, upon a determination, after
review of the record of the trial of the applicant, that--
``(A) the applicant has met the requirements of
subsection (c);
``(B) the evidence to be tested is in the
possession of the Government or the court and has been
subject to a chain of custody sufficient to establish
that it has not been altered in any material respect;
and
``(C) the motion is made in a timely manner and for
the purpose of demonstrating the actual innocence of
the applicant and not to delay the execution of
sentence or administration of justice.
``(2) Exception.--The court shall not order the testing
requested in a motion under subsection (a) if, after review of
the record of the trial of the applicant, the court determines
that there is no reasonable possibility that the testing will
produce exculpatory evidence that would establish the actual
innocence of the applicant of--
``(A) the offense for which the applicant was
convicted; or
``(B) uncharged conduct, if the exoneration of the
applicant of such conduct would result in a mandatory
reduction in the sentence of the applicant.
``(3) Final order.--An order under this subsection is a
final order for purposes of section 1291 of title 28, United
States Code.
``(e) Testing Procedures.--
``(1) Selection of laboratory.--Any DNA testing ordered
under this section shall be conducted by--
``(A) a laboratory mutually selected by the
Government and the applicant; or
``(B) if the Government and the applicant are
unable to agree on a laboratory, a laboratory selected
by the court that ordered the testing.
``(2) Costs.--The costs of any testing ordered under this
section shall be paid--
``(A) by the applicant; or
``(B) in the case of an applicant who is indigent,
by the court.
``(f) Time Limitation in Capital Cases.--In any case in which the
applicant is sentenced to death--
``(1) any DNA testing ordered under this section shall be
completed not later than 120 days after the date on which the
Government responds to the motion under subsection (a); and
``(2) the court shall order any post-testing procedures
under subsection (g) not later than 30 days after the date on
which the DNA testing is completed.
``(g) Post-Testing Procedures.--
``(1) Results unfavorable to applicant.--If the DNA testing
conducted under this section produces inconclusive evidence or
evidence that is unfavorable to the applicant--
``(A) the court shall--
``(i) dismiss the application; and
``(ii) forward the results of the testing
to the appropriate parole board that would have
jurisdiction over a request for parole by the
applicant; and
``(B) the Government shall compare the evidence to
DNA evidence from unsolved crimes in the Combined DNA
Index System (CODIS).
``(2) Results favorable to applicant.--If the DNA testing
conducted under this section produces exculpatory evidence--
``(A) the applicant may, during the 60-day period
beginning on the date on which the applicant is
notified of the test results, make a motion to the
court that ordered the testing for a new trial based on
newly discovered evidence under rule 33 of the Federal
Rules of Criminal Procedure, notwithstanding any
provision of law that would bar such a motion as
untimely; and
``(B) upon receipt of a motion under subparagraph
(A), the court that ordered the testing shall consider
the motion under rule 33 of the Federal Rules of
Criminal Procedure, notwithstanding any provision of
law that would bar such consideration as untimely.
``(h) Applicability to Federal Habeas Corpus.--The denial of post-
conviction DNA testing by a Federal or State court shall not be a
ground for relief in any proceeding under Federal habeas corpus.
``(i) Counsel.--The court may appoint counsel for an indigent
applicant under this section.
``Sec. 3600A. Prohibition on destruction of biological material
``(a) Prohibition.--
``(1) In general.--Notwithstanding any other provision of
law, during the period described in paragraph (2), the
Government shall not destroy any biological material preserved
in any case in which the identity of the perpetrator was at
issue during trial, if the defendant is serving a term of
imprisonment following conviction in that case.
``(2) Period described.--The period described in this
paragraph is the period beginning on the date of enactment of
this section and ending on the later of--
``(A) the expiration of the 30-month period
beginning on that date of enactment; or
``(B) the date on which any proceedings under
section 3600 relating to the case are completed.
``(b) Sanctions for Intentional Violation.--The court may impose
appropriate sanctions, including criminal contempt, for an intentional
violation of subsection (a).''.
(2) Technical and conforming amendment.--The analysis for
part II of title 18, United States Code, is amended by
inserting after the item relating to section 228 the following:
``228A. Post-conviction DNA testing......................... 3600''.
(b) Applicability.--The amendments made by this section shall take
effect on the date of the enactment of this title and shall apply with
respect to any judgment of conviction entered before, on, or after that
date of enactment.
SEC. 102. REPEAL.
Effective 30 months after the date of the enactment of this title,
this title and the amendments made by this title are repealed.
TITLE II--CONVICTED OFFENDER DNA INDEX SYSTEM
SEC. 201. 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)(2)).
(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;
(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 allocate
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 General that satisfies quality
assurance standards. The Attorney General 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 title.
(2) Administrative costs.--A State may not use more than
three 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 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.
(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 authorized to be
appropriated to the Attorney General for grants under subsection (a) as
follows:
(1) For grants for the purposes specified in paragraph (1)
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.
SEC. 202. 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
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)) or a qualifying military
offense, as determined under section 1565 of title 10, United
States Code.
(2) From individuals on release, parole, or probation.--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.
(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 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) Burglary.
(E) 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
title.
(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.--Collection of DNA samples under
subsection (a) shall, subject to the availability of appropriations,
commence not later than the date that is 180 days after the date of the
enactment of this title.
SEC. 203. 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
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 (d)).
(2) From individuals on release, parole, or probation.--The
Director of the Court Services and Offender Supervision Agency
for the District of Columbia shall collect a DNA sample from
each individual under the supervision of the Agency who is on
supervised release, parole, or probation who is, or has been,
convicted of a qualifying District of Columbia offense (as
determined under subsection (d)).
(3) Individuals already in codis.--For each individual
described in paragraph (1) or (2), if the Combined DNA Index
System (in this section referred to as ``CODIS'') of the
Federal Bureau of Investigation contains a DNA analysis with
respect to that individual, the Director of the Bureau of
Prisons or Agency (as applicable) may (but need not) collect a
DNA sample from that individual.
(4) Collection procedures.--(A) The Director of the Bureau
of Prisons or Agency (as applicable) may use or authorize the
use of such means as are reasonably necessary to detain,
restrain, and collect a DNA sample from an individual who
refuses to cooperate in the collection of the sample.
(B) The Director of the Bureau of Prisons or Agency, as
appropriate, may enter into agreements with units of State or
local government or with private entities to provide for the
collection of the samples described in paragraph (1) or (2).
(5) Criminal penalty.--An individual from whom the
collection of a DNA sample is authorized under this subsection
who fails to cooperate in the collection of that sample shall
be--
(A) guilty of a class A misdemeanor; and
(B) punished in accordance with title 18, United
States Code.
(b) Analysis and Use of Samples.--The Director of the Bureau of
Prisons or Agency (as applicable) shall furnish each DNA sample
collected under subsection (a) to the Director of the Federal Bureau of
Investigation, who shall carry out a DNA analysis on each such DNA
sample and include the results in CODIS.
(c) Definitions.--In this section:
(1) The term ``DNA sample'' means a tissue, fluid, or other
bodily sample of an individual on which a DNA analysis can be
carried out.
(2) The term ``DNA analysis'' means analysis of the
deoxyribonucleic acid (DNA) identification information in a
bodily sample.
(d) Qualifying District of Columbia Offenses.--The Government 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 samples under
subsection (a) shall, subject to the availability of appropriations,
commence not later than the date that is 180 days after the date of the
enactment of this title.
(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. 204. 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:
``Sec. 1565. DNA identification information: collection from certain
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, or if a DNA sample has been or is to be collected from
that member under section 202(a) of the Criminal Justice Integrity and
Law Enforcement Assistance Act, the Secretary concerned 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
entities to provide for the collection of samples described in
paragraph (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 carry out a DNA analysis on
each such DNA sample and 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
202(d) of the Criminal Justice Integrity and Law Enforcement Assistance
Act), as determined by the Secretary in consultation with the Attorney
General, shall be treated for purposes of this section as a qualifying
military offense.
``(e) Expungement.--(1) The Secretary of Defense shall promptly
expunge, from the index described in subsection (a) of section 210304
of the Violent Crime Control and Law Enforcement Act of 1994, the DNA
analysis of a person included in the index on the basis of a qualifying
military offense if the Secretary receives, for each conviction of the
person of a qualifying offense, a certified copy of a final court order
establishing that such conviction has been overturned.
``(2) For purposes of paragraph (1), the term `qualifying offense'
means any of the following offenses:
``(A) A qualifying Federal offense, as determined under
section 202 of the Criminal Justice Integrity and Law
Enforcement Assistance Act.
``(B) A qualifying District of Columbia offense, as
determined under section 203 of the Criminal Justice Integrity
and Law Enforcement Assistance Act.
``(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.''.
(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 title.
(c) Commencement of Collection.--Collection of DNA samples 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. 205. 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 202(d) of the
Criminal Justice Integrity and Law Enforcement
Assistance Act;
``(B) individuals convicted of a qualifying
District of Columbia offense, as determined under
section 203(d) of the Criminal Justice Integrity and
Law Enforcement Assistance Act; and
``(C) members of the Armed Forces convicted of a
qualifying 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 accordance with section 1565 of title 10, United States
Code)'';
(2) in subsection (b)(2)--
(A) by striking ``, at regular intervals of not to
exceed 180 days,'' and inserting ``semiannual''; and
(B) by inserting before the semicolon the
following: `` (or prepared by the Secretary of Defense
in accordance with section 1565 of title 10, United
States Code)'';
(3) in subsection (b)(3), by inserting after ``criminal
justice agency'' the following: ``(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) 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 determined under section 202 and 203 of the
Criminal Justice Integrity and Law Enforcement Assistance Act,
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.
``(2) For purposes of paragraph (1), the term `qualifying offense'
means any of the following offenses:
``(A) A qualifying Federal offense, as determined under
section 202 of the Criminal Justice Integrity and Law
Enforcement Assistance Act.
``(B) A qualifying District of Columbia offense, as
determined under section 203 of the Criminal Justice Integrity
and Law Enforcement Assistance Act.
``(C) A qualifying military offense, as determined under
section 1565 of title 10, United States Code.
``(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.''.
SEC. 206. 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 202 of the Criminal
Justice Integrity and Law Enforcement Assistance Act.''.
(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 202 of the Criminal
Justice Integrity and Law Enforcement Assistance Act.''.
(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 202 or
section 203 of the Criminal Justice Integrity and Law Enforcement
Assistance Act 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 supervised release
is authorized pursuant to section 202 or 203 of this title 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. 207. 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''.
SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attorney General to
carry out this title (including to reimburse the Federal judiciary for
any reasonable costs incurred in implementing such title, as determined
by the Attorney General) such sums as may be necessary.
SEC. 209. 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 201, 202, or 203 may be used only for a purpose specified in
such section.
(b) Permissive Uses.--A sample or result described in subsection
(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.
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