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114th Congress }                                             {  Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                             { 114-893

======================================================================



 
                         RAPID DNA ACT OF 2016

                                _______
                                

 December 23, 2016.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Goodlatte, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 320]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 320) to establish a system for integration of Rapid 
DNA instruments for use by law enforcement to reduce violent 
crime and reduce the current DNA analysis backlog, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page

The Amendment....................................................     1
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
New Budget Authority and Tax Expenditures........................     4
Congressional Budget Office Cost Estimate........................     4
Duplication of Federal Programs..................................     5
Disclosure of Directed Rule Makings..............................     5
Performance Goals and Objectives.................................     5
Advisory on Earmarks.............................................     5
Section-by-Section Analysis......................................     5
Changes in Existing Law Made by the Bill, as Reported............     6


                             The Amendment

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Rapid DNA Act of 2016''.

SEC. 2. RAPID DNA INSTRUMENTS.

  (a) Standards.--Section 210303(a) of the DNA Identification Act of 
1994 (42 U.S.C. 14131(a)) is amended by adding at the end the 
following:
          ``(5)(A) In addition to issuing standards as provided in 
        paragraphs (1) through (4), the Director of the Federal Bureau 
        of Investigation shall issue standards and procedures for the 
        use of Rapid DNA instruments and resulting DNA analyses.
          ``(B) In this Act, the term `Rapid DNA instruments' means 
        instrumentation that carries out a fully automated process to 
        derive a DNA analysis from a DNA sample.''.
  (b) Index.--Paragraph (2) of section 210304(b) of the DNA 
Identification Act of 1994 (42 U.S.C. 14132(b)(2)) is amended to read 
as follows:
          ``(2) prepared by--
                  ``(A) laboratories that--
                          ``(i) have been accredited by a nonprofit 
                        professional association of persons actively 
                        involved in forensic science that is nationally 
                        recognized within the forensic science 
                        community; and
                          ``(ii) undergo external audits, not less than 
                        once every 2 years, that demonstrate compliance 
                        with standards established by the Director of 
                        the Federal Bureau of Investigation; or
                  ``(B) criminal justice agencies using Rapid DNA 
                instruments approved by the Director of the Federal 
                Bureau of Investigation in compliance with the 
                standards and procedures issued by the Director under 
                section 210303(a)(5); and''.

SEC. 3. CONFORMING AMENDMENTS RELATING TO COLLECTION OF DNA 
                    IDENTIFICATION INFORMATION.

  (a) From Certain Federal Offenders.--Section 3 of the DNA Analysis 
Backlog Elimination Act of 2000 (42 U.S.C. 14135a) is amended--
          (1) in subsection (b), by adding at the end the following: 
        ``The Director of the Federal Bureau of Investigation may waive 
        the requirements under this subsection if DNA samples are 
        analyzed by means of Rapid DNA instruments and the results are 
        included in CODIS.''; and
          (2) in subsection (c), by adding at the end the following:
          ``(3) The term `Rapid DNA instruments' means instrumentation 
        that carries out a fully automated process to derive a DNA 
        analysis from a DNA sample.''.
  (b) From Certain District of Columbia Offenders.--Section 4 of the 
DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135b) is 
amended--
          (1) in subsection (b), by adding at the end the following: 
        ``The Director of the Federal Bureau of Investigation may waive 
        the requirements under this subsection if DNA samples are 
        analyzed by means of Rapid DNA instruments and the results are 
        included in CODIS.''; and
          (2) in subsection (c), by adding at the end the following:
          ``(3) The term `Rapid DNA instruments' means instrumentation 
        that carries out a fully automated process to derive a DNA 
        analysis from a DNA sample.''.

                          Purpose and Summary

    H.R. 320 will establish a system for integration of Rapid 
DNA instruments for use by law enforcement to reduce violent 
crime and reduce the current DNA analysis backlog.

                Background and Need for the Legislation

    The DNA Identification Act of 1994 established Federal DNA 
labs and authorized the FBI to begin compiling DNA information 
into a central database. This database is known as the National 
DNA Index System (NDIS) and the system for analyzing and 
communicating the data is known as the Combined DNA Index 
System (CODIS). The 1994 bill allowed DNA testing to be done by 
accredited state labs with results from state labs being 
uploaded to CODIS.
    DNA technology has advanced a great deal in the intervening 
years since the 1994 bill. What once took days or weeks to 
ascertain, DNA testing can now be completed in a matter of 
hours. There is current technology that allows for DNA testing 
and identification on a small, copier-sized machine in a number 
of hours. This is known as Rapid DNA technology. A DNA sample 
is taken--often times a cheek swab--placed into a cartridge 
that slides into the Rapid DNA machine, and reports back the 
DNA profile in approximately ninety minutes. The FBI, working 
with the forensics community, is hopeful that this technology 
can be used in a booking station, to help identify suspects in 
the same way a finger print is currently used. To be clear, 
Rapid DNA technology can only be used for identification 
purposes at this time, not crime scene analysis.
    Unfortunately, the 1994 act creating CODIS does not allow 
for the use of this technology since only state labs are 
allowed access to CODIS. Currently, booking stations have to 
send their DNA samples off to state labs and wait weeks for the 
results. This has created a backlog that impacts all crime 
investigations using forensics, not just forensics used for 
identification purposes. The short turnaround time of Rapid DNA 
would help to quickly eliminate potential suspects, help to 
capture those who have committed a previous crime and left DNA 
evidence, as well as free up current DNA profilers to do the 
advanced forensic DNA analysis such as crime scene analysis and 
rape-kits. The Rapid DNA Act would modify the current law 
regarding DNA testing and access to CODIS, which restricts it 
to only state labs.
    This bill would allow local police to submit DNA records 
that are generated by Rapid DNA systems outside an accredited 
laboratory to be uploaded to NDIS. Within one to 2 years 
following passage of this legislation, the FBI intends to 
develop and implement the necessary interfaces for booking 
stations to access CODIS. This will allow law enforcement 
agencies to determine if submitted DNA samples are a positive 
match or not within a matter of hours rather than the days or 
weeks that it currently takes.

                                Hearings

    The Judiciary Committee's Subcommittee on Crime, Terrorism, 
Homeland Security and Investigations held 1 day of hearings on 
H.R. 320 on June 18, 2015. Testimony was received from:

        1. LMs. Amy Hess, Executive Assistant Director of 
        Science and Technology, Federal Bureau of 
        Investigation.

        2. LMs. Jody Wolf, Assistant Crime Laboratory 
        Administrator, Phoenix Police Department Crime 
        Laboratory, President, American Society of Criminal 
        Laboratory Directors

        3. LMs. Natasha Alexenko, Founder, Natasha's Justice 
        Project

                        Committee Consideration

    On July 7, 2016, the Committee met in open session and 
ordered the bill H.R. 320 favorably reported, with an 
amendment, by voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 320.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 320, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 29, 2016.
Hon. Bob Goodlatte, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 320, the ``Rapid 
DNA Act of 2016.''
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                                Keith Hall,
                                                  Director.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member



                    H.R. 320--Rapid DNA Act of 2016.

      As ordered reported by the House Committee on the Judiciary 
                            on July 7, 2016.



    H.R. 320 would direct the Federal Bureau of Investigation 
(FBI) to issue standards and procedures for the use of certain 
automated processes to analyze DNA samples. The agency is 
currently undertaking activities to prepare for increased use 
of such enhanced analyses. Based on information from the FBI, 
CBO estimates that enacting the bill would cost less than 
$500,000 annually; such spending would be subject to the 
availability of appropriated funds.
    Enacting the legislation would not affect direct spending 
or revenues; therefore, pay-as-you-go procedures do not apply. 
CBO estimates that enacting H.R. 320 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    H.R. 320 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    On June 14, 2016, CBO transmitted a cost estimate for S. 
2348, the Rapid DNA Act of 2016, as ordered reported by the 
Senate Committee on the Judiciary on May 12, 2016. That 
legislation is similar to H.R. 320 and CBO's estimates of the 
budgetary effects are the same.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                    Duplication of Federal Programs

    No provision of H.R. 320 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 320 specifically directs 
to be completed no specific rule makings within the meaning of 
5 U.S.C. Sec. 551.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
320, is designed to establish a system for integration of Rapid 
DNA instruments for use by law enforcement to reduce violent 
crime and reduce the current DNA analysis backlog.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 320 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                      Section-by-Section Analysis

    Section 1. Short Title. This section cites the short title 
of the bill as the ``Rapid DNA Act of 2016.''
    Section 2. Rapid DNA Instruments. This section requires the 
Director of the FBI to issue standards and procedures for the 
use of Rapid DNA instruments and resulting analyses. It also 
amends the DNA Identification Act of 1994 to include 
laboratories that are independently accredited and undergo 
external audits not less than every 2 years.
    Section 3. Conforming Amendments Relating to Collection of 
DNA Identification Information. This section amends the DNA 
Analysis Backlog Elimination Act of 2000 by allowing the 
Director of the FBI to waive certain requirements under the Act 
if the DNA samples are analyzed by means of Rapid DNA 
instruments and the results are included in CODIS.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

DNA IDENTIFICATION ACT OF 1994

           *       *       *       *       *       *       *


TITLE XXI--STATE AND LOCAL LAW ENFORCEMENT

           *       *       *       *       *       *       *


Subtitle C--DNA Identification

           *       *       *       *       *       *       *


SEC. 210303. QUALITY ASSURANCE AND PROFICIENCY TESTING STANDARDS.

  (a) Publication of Quality Assurance and Proficiency Testing 
Standards.--(1)(A) Not later than 180 days after the date of 
enactment of this Act, the Director of the Federal Bureau of 
Investigation shall appoint an advisory board on DNA quality 
assurance methods from among nominations proposed by the head 
of the National Academy of Sciences and professional societies 
of crime laboratory officials.
  (B) The advisory board shall include as members scientists 
from State, local, and private forensic laboratories, molecular 
geneticists and population geneticists not affiliated with a 
forensic laboratory, and a representative from the National 
Institute of Standards and Technology.
  (C) The advisory board shall develop, and if appropriate, 
periodically revise, recommended standards for quality 
assurance, including standards for testing the proficiency of 
forensic laboratories, and forensic analysts, in conducting 
analyses of DNA.
  (2) The Director of the Federal Bureau of Investigation, 
after taking into consideration such recommended standards, 
shall issue (and revise from time to time) standards for 
quality assurance, including standards for testing the 
proficiency of forensic laboratories, and forensic analysts, in 
conducting analyses of DNA.
  (3) The standards described in paragraphs (1) and (2) shall 
specify criteria for quality assurance and proficiency tests to 
be applied to the various types of DNA analyses used by 
forensic laboratories. The standards shall also include a 
system for grading proficiency testing performance to determine 
whether a laboratory is performing acceptably.
  (4) Until such time as the advisory board has made 
recommendations to the Director of the Federal Bureau of 
Investigation and the Director has acted upon those 
recommendations, the quality assurance guidelines adopted by 
the technical working group on DNA analysis methods shall be 
deemed the Director's standards for purposes of this section.
          (5)(A) In addition to issuing standards as provided 
        in paragraphs (1) through (4), the Director of the 
        Federal Bureau of Investigation shall issue standards 
        and procedures for the use of Rapid DNA instruments and 
        resulting DNA analyses.
          (B) In this Act, the term ``Rapid DNA instruments'' 
        means instrumentation that carries out a fully 
        automated process to derive a DNA analysis from a DNA 
        sample.
  (b) Administration of the Advisory Board.--(1) For 
administrative purposes, the advisory board appointed under 
subsection (a) shall be considered an advisory board to the 
Director of the Federal Bureau of Investigation.
  (2) Section 14 of the Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply with respect to the advisory board 
appointed under subsection (a).
  (3) The DNA advisory board established under this section 
shall be separate and distinct from any other advisory board 
administered by the FBI, and is to be administered separately.
  (4) The board shall cease to exist on the date 5 years after 
the initial appointments are made to the board, unless the 
existence of the board is extended by the Director of the 
Federal Bureau of Investigation.
  (c) Proficiency Testing Program.--(1) Not later than 1 year 
after the effective date of this Act, the Director of the 
National Institute of Justice shall certify to the Committees 
on the Judiciary of the House and Senate that--
          (A) the Institute has entered into a contract with, 
        or made a grant to, an appropriate entity for 
        establishing, or has taken other appropriate action to 
        ensure that there is established, not later than 2 
        years after the date of enactment of this Act, a blind 
        external proficiency testing program for DNA analyses, 
        which shall be available to public and private 
        laboratories performing forensic DNA analyses;
          (B) a blind external proficiency testing program for 
        DNA analyses is already readily available to public and 
        private laboratories performing forensic DNA analyses; 
        or
          (C) it is not feasible to have blind external testing 
        for DNA forensic analyses.
  (2) As used in this subsection, the term ``blind external 
proficiency test'' means a test that is presented to a forensic 
laboratory through a second agency and appears to the analysts 
to involve routine evidence.
  (3) Notwithstanding any other provision of law, the Attorney 
General shall make available to the Director of the National 
Institute of Justice during the first fiscal year in which 
funds are distributed under this subtitle up to $250,000 from 
the funds available under part X of Title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 to carry out this 
subsection.

SEC. 210304. INDEX TO FACILITATE LAW ENFORCEMENT EXCHANGE OF DNA 
                    IDENTIFICATION INFORMATION.

  (a) Establishment of Index.--The Director of the Federal 
Bureau of Investigation may establish an index of--
          (1) DNA identification records of--
                  (A) persons convicted of crimes;
                  (B) persons who have been charged in an 
                indictment or information with a crime; and
                  (C) other persons whose DNA samples are 
                collected under applicable legal authorities, 
                provided that DNA samples that are voluntarily 
                submitted solely for elimination purposes shall 
                not be included in the National DNA Index 
                System;
          (2) analyses of DNA samples recovered from crime 
        scenes;
          (3) analyses of DNA samples recovered from 
        unidentified human remains; and
          (4) analyses of DNA samples voluntarily contributed 
        from relatives of missing persons.
  (b) Information.--The index described in subsection (a) shall 
include only information on DNA identification records and DNA 
analyses that are--
          (1) based on analyses performed by or on behalf of a 
        criminal justice agency (or the Secretary of Defense in 
        accordance with section 1565 of title 10, United States 
        Code) in accordance with publicly available standards 
        that satisfy or exceed the guidelines for a quality 
        assurance program for DNA analysis, issued by the 
        Director of the Federal Bureau of Investigation under 
        section 210303;
          [(2) prepared by laboratories that--
                  [(A) not later than 2 years after the date of 
                enactment of the DNA Sexual Assault Justice Act 
                of 2004, have been accredited by a nonprofit 
                professional association of persons actively 
                involved in forensic science that is nationally 
                recognized within the forensic science 
                community; and
                  [(B) undergo external audits, not less than 
                once every 2 years, that demonstrate compliance 
                with standards established by the Director of 
                the Federal Bureau of Investigation; and]
          (2) prepared by--
                  (A) laboratories that--
                          (i) have been accredited by a 
                        nonprofit professional association of 
                        persons actively involved in forensic 
                        science that is nationally recognized 
                        within the forensic science community; 
                        and
                          (ii) undergo external audits, not 
                        less than once every 2 years, that 
                        demonstrate compliance with standards 
                        established by the Director of the 
                        Federal Bureau of Investigation; or
                  (B) criminal justice agencies using Rapid DNA 
                instruments approved by the Director of the 
                Federal Bureau of Investigation in compliance 
                with the standards and procedures issued by the 
                Director under section 210303(a)(5); and
          (3) maintained by Federal, State, and local criminal 
        justice agencies (or the Secretary of Defense in 
        accordance with section 1565 of title 10, United States 
        Code) pursuant to rules that allow disclosure of stored 
        DNA samples and DNA analyses only--
                  (A) to criminal justice agencies for law 
                enforcement identification purposes;
                  (B) in judicial proceedings, if otherwise 
                admissible pursuant to applicable statutes or 
                rules;
                  (C) for criminal defense purposes, to a 
                defendant, who shall have access to samples and 
                analyses performed in connection with the case 
                in which such defendant is charged; or
                  (D) if personally identifiable information is 
                removed, for a population statistics database, 
                for identification research and protocol 
                development purposes, or for quality control 
                purposes.
  (c) Failure To Comply.--Access to the index established by 
this section is subject to cancellation if the quality control 
and privacy requirements described in subsection (b) are not 
met.
  (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--
                          (i) on the basis of conviction for a 
                        qualifying Federal offense or a 
                        qualifying District of Columbia offense 
                        (as determined under sections 3 and 4 
                        of the DNA Analysis Backlog Elimination 
                        Act of 2000 (42 U.S.C. 14135a, 14135b), 
                        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; or
                          (ii) on the basis of an arrest under 
                        the authority of the United States, if 
                        the Attorney General receives, for each 
                        charge against the person on the basis 
                        of which the analysis was or could have 
                        been included in the index, a certified 
                        copy of a final court order 
                        establishing that such charge has been 
                        dismissed or has resulted in an 
                        acquittal or that no charge was filed 
                        within the applicable time period.
          (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.
                  (ii) A qualifying District of Columbia 
                offense, as determined under section 4 of the 
                DNA Analysis Backlog Elimination 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--
                  (i) 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 
                overturned; or
                  (ii) the person has not been convicted of an 
                offense on the basis of which that analysis was 
                or could have been included in the index, and 
                the responsible agency or official of that 
                State receives, for each charge against the 
                person on the basis of which the analysis was 
                or could have been included in the index, a 
                certified copy of a final court order 
                establishing that such charge has been 
                dismissed or has resulted in an acquittal or 
                that no charge was filed within the applicable 
                time period.
          (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.

           *       *       *       *       *       *       *

                              ----------                              


DNA ANALYSIS BACKLOG ELIMINATION ACT OF 2000

           *       *       *       *       *       *       *


SEC. 3. COLLECTION AND USE OF DNA IDENTIFICATION INFORMATION FROM 
                    CERTAIN FEDERAL OFFENDERS.

  (a) Collection of DNA Samples.--
          (1) From individuals in custody.--
                  (A) The Attorney General may, as prescribed 
                by the Attorney General in regulation, collect 
                DNA samples from individuals who are arrested, 
                facingcharges, or convicted or from non-United 
                States persons who are detained under the 
                authority of the United States. The Attorney 
                General may delegate this function within the 
                Department of Justice as provided in section 
                510 of title 28, United States Code, and may 
                also authorize and direct any other agency of 
                the United States that arrests or detains 
                individuals or supervises individuals facing 
                charges to carry out any function and exercise 
                any power of the Attorney General under this 
                section.
                  (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 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 Attorney General, 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 Attorney General, 
        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 Attorney General, 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 Attorney General, 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. The 
Director of the Federal Bureau of Investigation may waive the 
requirements under this subsection if DNA samples are analyzed 
by means of Rapid DNA instruments and the results are included 
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 ``Rapid DNA instruments'' means 
        instrumentation that carries out a fully automated 
        process to derive a DNA analysis from a DNA sample.
  (d) Qualifying Federal Offenses.--The offenses that shall be 
treated for purposes of this section as qualifying Federal 
offenses are the following offenses, as determined by the 
Attorney General:
          (1) Any felony.
          (2) Any offense under chapter 109A of title 18, 
        United States Code.
          (3) Any crime of violence (as that term is defined in 
        section 16 of title 18, United States Code).
          (4) Any attempt or conspiracy to commit any of the 
        offenses in paragraphs (1) through (3).
  (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 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 
        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. The Director of the Federal Bureau of Investigation may 
waive the requirements under this subsection if DNA samples are 
analyzed by means of Rapid DNA instruments and the results are 
included 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 ``Rapid DNA instruments'' means 
        instrumentation that carries out a fully automated 
        process to derive a DNA analysis from a DNA 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 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.

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