[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4640 Enrolled Bill (ENR)]

        H.R.4640

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
 To make grants to States for carrying out DNA analyses for use in the 
  Combined DNA Index System of the Federal Bureau of Investigation, to 
  provide for the collection and analysis of DNA samples from certain 
   violent and sexual offenders for use in such system, and for other 
                                purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DNA Analysis Backlog Elimination Act 
of 2000''.

SEC. 2. AUTHORIZATION OF GRANTS.

    (a) Authorization of Grants.--The Attorney General may make grants 
to eligible States for use by the State for the following purposes:
        (1) To carry out, for inclusion in the Combined DNA Index 
    System of the Federal Bureau of Investigation, DNA analyses of 
    samples taken from individuals convicted of a qualifying State 
    offense (as determined under subsection (b)(3)).
        (2) To carry out, for inclusion in such Combined DNA Index 
    System, DNA analyses of samples from crime scenes.
        (3) To increase the capacity of laboratories owned by the State 
    or by units of local government within the State to carry out DNA 
    analyses of samples specified in paragraph (2).
    (b) Eligibility.--For a State to be eligible to receive a grant 
under this section, the chief executive officer of the State shall 
submit to the Attorney General an application in such form and 
containing such information as the Attorney General may require. The 
application shall--
        (1) provide assurances that the State has implemented, or will 
    implement not later than 120 days after the date of such 
    application, a comprehensive plan for the expeditious DNA analysis 
    of samples in accordance with this section;
        (2) include a certification that each DNA analysis carried out 
    under the plan shall be maintained pursuant to the privacy 
    requirements described in section 210304(b)(3) of the Violent Crime 
    Control and Law Enforcement Act of 1994 (42 U.S.C. 14132(b)(3));
        (3) include a certification that the State has determined, by 
    statute, rule, or regulation, those offenses under State law that 
    shall be treated for purposes of this section as qualifying State 
    offenses;
        (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 Act.
        (2) Administrative costs.--A State may not use more than 3 
    percent of the funds it receives from this section for 
    administrative expenses.
    (f) Reports to the Attorney General.--Each State which receives a 
grant under this section shall submit to the Attorney 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. 3. COLLECTION AND USE OF DNA IDENTIFICATION INFORMATION FROM 
              CERTAIN FEDERAL OFFENDERS.

    (a) Collection of DNA Samples.--
        (1) From individuals in custody.--The Director of the Bureau of 
    Prisons shall collect a DNA sample from each 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 2252), or to 
    transportation for illegal sexual activity (as described in chapter 
    117 of such title, sections 2421, 2422, 2423, and 2425).
        (C) An offense relating to peonage and slavery (as described in 
    chapter 77 of such title).
        (D) Kidnapping (as defined in section 3559(c)(2)(E) of such 
    title).
        (E) An offense involving robbery or burglary (as described in 
    chapter 103 of such title, sections 2111 through 2114, 2116, and 
    2118 through 2119).
        (F) Any violation of section 1153 involving murder, 
    manslaughter, kidnapping, maiming, a felony offense relating to 
    sexual abuse (as described in chapter 109A), incest, arson, 
    burglary, or robbery.
        (G) Any attempt or conspiracy to commit any of the above 
    offenses.
    (2) The initial determination of qualifying Federal offenses shall 
be made not later than 120 days after the date of the 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.--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.
    (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 Act.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Court Services and Offender Supervision Agency for 
the District of Columbia to carry out this section such sums as may be 
necessary for each of fiscal years 2001 through 2005.

SEC. 5. COLLECTION AND USE OF DNA IDENTIFICATION INFORMATION FROM 
              CERTAIN OFFENDERS IN THE ARMED FORCES.

    (a) In General.--(1) Chapter 80 of title 10, United States Code, is 
amended by adding at the end the following new section:

``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 3(a) of the DNA Analysis Backlog Elimination 
Act of 2000, 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--
        (1) carry out a DNA analysis on each such DNA sample in a 
    manner that complies with the requirements for inclusion of that 
    analysis in CODIS; and
        (2) furnish the results of each such analysis to the Director 
    of the Federal Bureau of Investigation for inclusion in CODIS.
    ``(c) Definitions.--In this section:
        ``(1) The term `DNA sample' means a tissue, fluid, or other 
    bodily sample of an individual on which a DNA analysis can be 
    carried out.
        ``(2) The term `DNA analysis' means analysis of the 
    deoxyribonucleic acid (DNA) identification information in a bodily 
    sample.
    ``(d) Qualifying Military Offenses.--(1) Subject to paragraph (2), 
the Secretary of Defense, in consultation with the Attorney General, 
shall determine those felony or sexual offenses under the Uniform Code 
of Military Justice that shall be treated for purposes of this section 
as qualifying military offenses.
    ``(2) An offense under the Uniform Code of Military Justice that is 
comparable to a qualifying Federal offense (as determined under section 
3(d) of the DNA Analysis Backlog Elimination Act of 2000), as 
determined by the Secretary in consultation with the Attorney General, 
shall be treated for purposes of this section as a qualifying military 
offense.
    ``(e) Expungement.--(1) The Secretary of Defense shall promptly 
expunge, from the index described in subsection (a) of section 210304 
of the Violent Crime Control and Law Enforcement Act of 1994, the DNA 
analysis of a person included in the index on the basis of a qualifying 
military offense if the Secretary receives, for each conviction of the 
person of a qualifying offense, a certified copy of a final court order 
establishing that such conviction has been overturned.
    ``(2) For purposes of paragraph (1), the term `qualifying offense' 
means any of the following offenses:
        ``(A) A 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.
    ``(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 Act.
    (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. 6. EXPANSION OF DNA IDENTIFICATION INDEX.

    (a) Use of Certain Funds.--Section 811(a)(2) of the Antiterrorism 
and Effective Death Penalty Act of 1996 (28 U.S.C. 531 note) is amended 
to read as follows:
        ``(2) the Director of the Federal Bureau of Investigation shall 
    expand the combined DNA Identification System (CODIS) to include 
    analyses of DNA samples collected from--
            ``(A) individuals convicted of a qualifying Federal 
        offense, as determined under section 3(d) of the DNA Analysis 
        Backlog Elimination Act of 2000;
            ``(B) individuals convicted of a qualifying District of 
        Columbia offense, as determined under section 4(d) of the DNA 
        Analysis Backlog Elimination Act of 2000; and
            ``(C) members of the Armed Forces convicted of a 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), by striking ``, at regular intervals 
    of not to exceed 180 days,'' and inserting ``semiannual'';
        (3) in subsection (b)(3), by inserting after ``criminal justice 
    agencies'' in the matter preceding subparagraph (A) the 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) By director.--(A) The Director of the Federal Bureau of 
    Investigation shall promptly expunge from the index described in 
    subsection (a) the DNA analysis of a person included in the index 
    on the basis of a qualifying Federal offense or a qualifying 
    District of Columbia offense (as determined under sections 3 and 4 
    of the DNA Analysis Backlog Elimination Act of 2000, respectively) 
    if the Director receives, for each conviction of the person of a 
    qualifying offense, a certified copy of a final court order 
    establishing that such conviction has been overturned.
        ``(B) For purposes of subparagraph (A), the term `qualifying 
    offense' means any of the following offenses:
            ``(i) A qualifying Federal offense, as determined under 
        section 3 of the DNA Analysis Backlog Elimination Act of 2000.
            ``(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 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.
        ``(B) For purposes of subparagraph (A), a court order is not 
    `final' if time remains for an appeal or application for 
    discretionary review with respect to the order.''.

SEC. 7. CONDITIONS OF RELEASE.

    (a) Conditions of Probation.--Section 3563(a) of title 18, United 
States Code, is amended--
        (1) in paragraph (7), by striking ``and'' at the end;
        (2) in paragraph (8), by striking the period at the end and 
    inserting ``; and''; and
        (3) by inserting after paragraph (8) the following:
        ``(9) that the defendant cooperate in the collection of a DNA 
    sample from the defendant if the collection of such a sample is 
    authorized pursuant to section 3 of the DNA Analysis Backlog 
    Elimination Act of 2000.''.
    (b) Conditions of Supervised Release.--Section 3583(d) of title 18, 
United States Code, is amended by inserting before ``The court shall 
also order'' the following: ``The court shall order, as an explicit 
condition of supervised release, that the defendant cooperate in the 
collection of a DNA sample from the defendant, if the collection of 
such a sample is authorized pursuant to section 3 of the DNA Analysis 
Backlog Elimination Act of 2000.''.
    (c) Conditions of Parole.--Section 4209 of title 18, United States 
Code, insofar as such section remains in effect with respect to certain 
individuals, is amended by inserting before ``In every case, the 
Commission shall also impose'' the following: ``In every case, the 
Commission shall impose as a condition of parole that the parolee 
cooperate in the collection of a DNA sample from the parolee, if the 
collection of such a sample is authorized pursuant to section 3 or 
section 4 of the DNA Analysis Backlog Elimination Act of 2000 or 
section 1565 of title 10.''.
    (d) Conditions of Release Generally.--If the collection of a DNA 
sample from an individual on probation, parole, or supervised release 
is authorized pursuant to section 3 or 4 of this Act or section 1565 of 
title 10, United States Code, the individual shall cooperate in the 
collection of a DNA sample as a condition of that probation, parole, or 
supervised release.

SEC. 8. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Drug Control and System Improvement Grants.--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. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Attorney General to 
carry out this Act (including to reimburse the Federal judiciary for 
any reasonable costs incurred in implementing such Act, as determined 
by the Attorney General) such sums as may be necessary.

SEC. 10. PRIVACY PROTECTION STANDARDS.

    (a) In General.--Except as provided in subsection (b), any sample 
collected under, or any result of any analysis carried out under, 
section 2, 3, or 4 may be used only for a purpose specified in such 
section.
    (b) Permissive Uses.--A sample or result described in 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.

SEC. 11. SENSE OF THE CONGRESS REGARDING THE OBLIGATION OF GRANTEE 
              STATES TO ENSURE ACCESS TO POST-CONVICTION DNA TESTING 
              AND COMPETENT COUNSEL IN CAPITAL CASES.

    (a) Findings.--Congress finds that--
        (1) over the past decade, deoxyribo-nucleic acid testing 
    (referred to in this section as ``DNA testing'') has emerged as the 
    most reliable forensic technique for identifying criminals when 
    biological material is left at a crime scene;
        (2) because of its scientific precision, DNA testing can, in 
    some cases, conclusively establish the guilt or innocence of a 
    criminal defendant;
        (3) in other cases, DNA testing may not conclusively establish 
    guilt or innocence, but may have significant probative value to a 
    finder of fact;
        (4) DNA testing was not widely available in cases tried prior 
    to 1994;
        (5) new forensic DNA testing procedures have made it possible 
    to get results from minute samples that could not previously be 
    tested, and to obtain more informative and accurate results than 
    earlier forms of forensic DNA testing could produce, resulting in 
    some cases of convicted inmates being exonerated by new DNA tests 
    after earlier tests had failed to produce definitive results;
        (6) DNA testing can and has resulted in the post-conviction 
    exoneration of more than 75 innocent men and women, including some 
    under sentence of death;
        (7) in more than a dozen cases, post-conviction DNA testing 
    that has exonerated an innocent person has also enhanced public 
    safety by providing evidence that led to the apprehension of the 
    actual perpetrator;
        (8) experience has shown that it is not unduly burdensome to 
    make DNA testing available to inmates in appropriate cases;
        (9) under current Federal and State law, it is difficult to 
    obtain post-conviction DNA testing because of time limits on 
    introducing newly discovered evidence;
        (10) the National Commission on the Future of DNA Evidence, a 
    Federal panel established by the Department of Justice and 
    comprised of law enforcement, judicial, and scientific experts, has 
    urged that post-conviction DNA testing be permitted in the 
    relatively small number of cases in which it is appropriate, 
    notwithstanding procedural rules that could be invoked to preclude 
    such testing, and notwithstanding the inability of an inmate to pay 
    for the testing;
        (11) only a few States have adopted post-conviction DNA testing 
    procedures;
        (12) States have received millions of dollars in DNA-related 
    grants, and more funding is needed to improve State forensic 
    facilities and to reduce the nationwide backlog of DNA samples from 
    convicted offenders and crime scenes that need to be tested or 
    retested using upgraded methods;
        (13) States that accept such financial assistance should not 
    deny the promise of truth and justice for both sides of our 
    adversarial system that DNA testing offers;
        (14) post-conviction DNA testing and other post-conviction 
    investigative techniques have shown that innocent people have been 
    sentenced to death in the United States;
        (15) a constitutional error in capital cases is incompetent 
    defense lawyers who fail to present important evidence that the 
    defendant may have been innocent or does not deserve to be 
    sentenced to death; and
        (16) providing quality representation to defendants facing the 
    loss of liberty or life is essential to fundamental due process and 
    the speedy final resolution of judicial proceedings.
    (b) Sense of the Congress.--It is the sense of the Congress that--
        (1) Congress should condition forensic science-related grants 
    to a State or State forensic facility on the State's agreement to 
    ensure post-conviction DNA testing in appropriate cases; and
        (2) Congress should work with the States to improve the quality 
    of legal representation in capital cases through the establishment 
    of standards that will assure the timely appointment of competent 
    counsel with adequate resources to represent defendants in capital 
    cases at each stage of those proceedings.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.