[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4640 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4640

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 12, 2000

Mr. McCollum (for himself, Mr. Scott, Mr. Gilman, Mr. Kennedy of Rhode 
  Island, Mr. Weiner, and Mr. Chabot) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
  to the Committee on Armed Services, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

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

SEC. 2. AUTHORIZATION OF GRANTS.

    (a) Authorization of Grants.--The Attorney General may make grants 
under this section to eligible States for use by the State to carry 
out, for inclusion in the Combined DNA Index System of the Federal 
Bureau of Investigation, DNA analyses of the following samples:
            (1) Samples taken from individuals convicted of a 
        qualifying State offense (as determined under subsection 
        (b)(2)).
            (2) Samples from crime scenes, or victims of crime.
    (b) Eligibility.--For a State to be eligible to receive a grant 
under this section, the chief executive officer of the State shall 
submit to the Attorney General an application in such form and 
containing such information as the Attorney General may require. The 
application shall--
            (1) provide assurances that the State has implemented, or 
        will implement not later than 120 days after the date of such 
        application, a comprehensive plan for the expeditious DNA 
        analysis of samples in accordance with this section;
            (2) include a certification that the State has determined, 
        by statute, rule, or regulation, those violent or sexual 
        offenses under State law that shall be considered for purposes 
        of this section as qualifying State offenses; and
            (3) specify the allocation that the State, in using grant 
        amounts to carry out DNA analyses of samples, shall make as 
        between samples specified in subsection (a)(1) and samples 
        specified in subsection (a)(2).
    (c) Preference.--Among States that propose to allocate grant 
amounts under subsection (b)(3) to samples specified in subsection 
(a)(2), the Attorney General shall give a preference to a State if that 
State proposes to use such allocated amounts to conduct DNA analyses of 
those samples that relate to crimes in connection with which there are 
no suspects.
    (d) Covered Samples.--
            (1) In general.--Except as provided in paragraph (2), the 
        plan shall require the DNA analysis of each sample specified in 
        paragraphs (1) and (2) of subsection (a) collected before the 
        date of the enactment of this Act but not analyzed before such 
        date.
            (2) Crimes for which statute of limitations has expired.--
        In the case of a sample specified in paragraph (2) of 
        subsection (a), if the statute of limitations has expired for 
        each crime with respect to which the sample might reasonably be 
        used as evidence in a court of law, the plan may (but need not) 
        require the DNA analysis of that sample.
    (e) Analysis of Samples.--
            (1) In general.--The plan shall require that each DNA 
        analysis be carried out in a laboratory that satisfies quality 
        assurance standards and is--
                    (A) operated by the State; or
                    (B) operated by a private entity pursuant to a 
                contract with the State.
            (2) Quality assurance standards.--(A) The Director of the 
        Federal Bureau of Investigation shall maintain and make 
        available to States a description of quality assurance 
        protocols and practices that the Director considers adequate to 
        assure the quality of a forensic laboratory.
            (B) For purposes of paragraph (1), a laboratory satisfies 
        quality assurance standards if the laboratory--
                    (i) satisfies the protocols and practices referred 
                to in subparagraph (A)(i); or
                    (ii) is accredited by a nonprofit professional 
                association of persons actively involved in forensic 
                science that is nationally recognized within the 
                forensic science community.
    (f) Restrictions on Use of Funds.--
            (1) Federal share.--The Federal share of a grant received 
        under this section may not exceed 75 percent of the total costs 
        of the plan described in the application for the fiscal year 
        for which the assistance is provided.
            (2) Nonsupplanting.--Funds made available pursuant to this 
        section shall not be used to supplant State funds, but shall be 
        used to increase the amount of funds that would, in the absence 
        of Federal funds, be made available from State sources.
            (3) Administrative costs.--A State may not use more than 
        three percent of the funds it receives from this section for 
        administrative expenses.
    (g) Reports to the Attorney General.--Each State which receives a 
grant under this section shall submit to the Attorney General, for each 
year in which funds from a grant received under this section is 
expended, a report at such time and in such manner as the Attorney 
General may reasonably require, which contains--
            (1) a summary of the activities carried out under the grant 
        and an assessment of whether such activities are meeting the 
needs identified in the application; and
            (2) such other information as the Attorney General may 
        require.
    (h) Reports to Congress.--Not later than 90 days after the end of 
each fiscal year for which grants are made under this section, the 
Attorney General shall submit to the Congress a report that includes--
            (1) the aggregate amount of grants made under this section 
        to each State for such fiscal year; and
            (2) a summary of the information provided by States 
        receiving grants under this section.
    (i) Expenditure Records.--
            (1) In general.--Each State which receives a grant under 
        this section shall keep records as the Attorney General may 
        require to facilitate an effective audit of the receipt and use 
        of grant funds received under this section.
            (2) Access.--Each State which receives a grant under this 
        section shall make available, for the purpose of audit and 
        examination, such records as are related to the receipt or use 
        of any such grant.
    (j) Definition.--For purposes of this section, the term ``State'' 
means a State of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States Virgin Islands, American 
Samoa, Guam, and the Northern Mariana Islands.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General to carry out this section the 
following:
            (1) $10,000,000 for fiscal year 2001.
            (2) $10,000,000 for fiscal year 2002.
            (3) $10,000,000 for fiscal year 2003.
            (4) $10,000,000 for fiscal year 2004.
            (5) $10,000,000 for fiscal year 2005.

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

    (a) Collection of DNA Samples.--
            (1) From individuals in custody.--The Director of the 
        Bureau of Prisons shall collect a DNA sample from each 
        individual in the custody of the Bureau of Prisons who is, or 
        has been, convicted of a qualifying Federal offense (as 
        determined under subsection (d)).
            (2) From individuals on release, parole, or probation.--The 
        probation office responsible for the supervision under Federal 
        law of an individual on parole or supervised release shall 
        collect a DNA sample from each such individual who is, or has 
        been, convicted of a qualifying Federal offense (as determined 
        under subsection (e)).
            (3) Individuals already in codis.--For each individual 
        described in paragraph (1) or (2), if the Combined DNA Index 
        System (in this section referred to as ``CODIS'') of the 
        Federal Bureau of Investigation contains a DNA analysis with 
        respect to that individual, the Director of the Bureau of 
        Prisons or the probation office responsible (as applicable) may 
        (but need not) collect a DNA sample from that individual.
            (4) Collection procedures.--The Director of the Bureau of 
        Prisons or the probation office responsible (as applicable) may 
        use or authorize the use of such means as are reasonably 
        necessary to detain, restrain, and collect a DNA sample from an 
        individual who refuses to cooperate in the collection of the 
        sample.
            (5) Criminal penalty.--An individual from whom the 
        collection of a DNA sample is authorized under this subsection 
        who fails to cooperate in the collection of that sample shall 
        be--
                    (A) guilty of a class A misdemeanor; and
                    (B) punished in accordance with title 18, United 
                States Code.
    (b) Analysis and Use of Samples.--The Director of the Bureau of 
Prisons or the probation office responsible (as applicable) shall 
furnish each DNA sample collected under subsection (a) to the Director 
of the Federal Bureau of Investigation, who shall carry out a DNA 
analysis on each such DNA sample and include the results in CODIS.
    (c) Definitions.--In this section:
            (1) The term ``DNA sample'' means a tissue, fluid, or other 
        bodily sample of an individual on which a DNA analysis can be 
        carried out.
            (2) The term ``DNA analysis'' means analysis of the 
        deoxyribonucleic acid (DNA) identification information in a 
        bodily sample.
    (d) Qualifying Federal Offenses.--(1) The offenses that shall be 
considered for purposes of this section as qualifying Federal offenses 
are the following offenses under title 18, United States Code, as 
determined by the Attorney General:
            (A) Murder (as described in section 1111 of such title), 
        voluntary manslaughter (as described in section 1112 of such 
        title), or other offense relating to homicide (as described in 
        chapter 51 of such title, sections 1113, 1114, 1116, 1118, 
        1119, 1120, and 1121).
            (B) An offense relating to sexual abuse (as described in 
        chapter 109A of such title, sections 2241 through 2245), to 
        sexual exploitation or other abuse of children (as described in 
        chapter 110 of such title, sections 2251 through 2252A), or to 
        transportation for illegal sexual activity (as described in 
        chapter 117 of such title, sections 2421, 2422, 2423, and 
        2425).
            (C) Kidnapping (as defined in section 3559(c)(2)(E) of such 
        title).
            (D) Attempt or conspiracy to commit any of the above 
        offenses.
    (2) The initial determination of qualifying Federal offenses shall 
be made not later than 120 days after the date of the enactment of this 
Act.
    (e) Regulations.--
            (1) In general.--Except as provided in paragraph (2), this 
        section shall be carried out under regulations prescribed by 
        the Attorney General.
            (2) Probation officers.--The Director of the Administrative 
        Office of the United States Courts shall make available model 
        procedures for the activities of probation officers in carrying 
        out this section.
    (f) Commencement of Collection.--Subsection (a) of this section 
shall take effect 180 days after the date of the enactment of this Act.

SEC. 4. COLLECTION AND USE OF DNA IDENTIFICATION INFORMATION FROM 
              VIOLENT AND SEXUAL DISTRICT OF COLUMBIA OFFENDERS.

    (a) Collection of DNA Samples.--
            (1) From individuals in custody.--
                    (A) The Government of the District of Columbia 
                shall collect a DNA sample from each individual in the 
                custody of the District of Columbia who is, or has 
                been, convicted of a qualifying District of Columbia 
                offense (as determined under subsection (e)).
                    (B) The Director of the Bureau of Prisons shall 
                collect a DNA sample from each individual in the 
                custody of the Bureau of Prisons who is, or has been, 
                convicted of a qualifying District of Columbia offense 
                (as determined under subsection (e)).
            (2) From individuals on release, parole, or probation.--The 
        Director of the Court Services and Offender Supervision Agency 
        for the District of Columbia, or the Trustee appointed under 
        section 11232(a) of the Balanced Budget Act of 1997, as 
        appropriate, shall collect a DNA sample from each individual 
        under the supervision of the Agency or Trustee (as applicable) 
        who is on supervised release, parole, or probation who is, or 
        has been, convicted of a qualifying District of Columbia 
        offense (as determined under subsection (e)).
            (3) Individuals already in codis.--For each individual 
        described in paragraph (1) or (2), if the Combined DNA Index 
        System (in this section referred to as ``CODIS'') of the 
        Federal Bureau of Investigation contains a DNA analysis with 
        respect to that individual, the Government, Director of the 
        Bureau of Prisons, Agency, or Trustee (as applicable) may (but 
        need not) collect a DNA sample from that individual.
            (4) Collection procedures.--The Government, Director of the 
        Bureau of Prisons, Agency, or Trustee (as applicable) may use 
        or authorize the use of such means as are reasonably necessary 
        to detain, restrain, and collect a DNA sample from an 
        individual who refuses to cooperate in the collection of the 
        sample.
            (5) Criminal penalty.--An individual from whom the 
        collection of a DNA sample is authorized under this subsection 
        who fails to cooperate in the collection of that sample shall 
        be--
                    (A) guilty of a class A misdemeanor; and
                    (B) punished in accordance with title 18, United 
                States Code.
    (b) Analysis and Use of Samples.--The Government, Director of the 
Bureau of Prisons, Agency, or Trustee (as applicable) shall furnish 
each DNA sample collected under subsection (a) to the Director of the 
Federal Bureau of Investigation, who shall carry out a DNA analysis on 
each such DNA sample and include the results in CODIS.
    (c) Definitions.--In this section:
            (1) The term ``DNA sample'' means a tissue, fluid, or other 
        bodily sample of an individual on which a DNA analysis can be 
        carried out.
            (2) The term ``DNA analysis'' means analysis of the 
        deoxyribonucleic acid (DNA) identification information in a 
        bodily sample.
            (3) The term ``individual in the custody of the District of 
        Columbia'' includes any individual in the custody of, or under 
        supervision by, any agency of the Government of the District of 
        Columbia, but does not include--
                    (A) an individual referred to in subsection (a)(2); 
                or
                    (B) an individual who is in the custody of, or is 
                to be placed in the custody of, the Director of the 
                Bureau of Prisons.
    (d) Qualifying District of Columbia Offenses.--(1) Subject to 
paragraphs (2) and (3), the Government of the District of Columbia 
shall determine those violent or sexual offenses under the District of 
Columbia Code that shall be considered for purposes of this section as 
qualifying District of Columbia offenses.
    (2) The initial determination of qualifying District of Columbia 
offenses under paragraph (1) shall be made not later than 120 days 
after the date of the enactment of this Act. However, if such initial 
determination is not made before the end of that period, the Attorney 
General shall determine those violent or sexual offenses under the 
District of Columbia Code that shall be considered for purposes of this 
section as qualifying District of Columbia offenses.
    (3) An offense that is equivalent to a qualifying Federal offense 
(as determined under section 3(d)) shall be considered for purposes of 
this section as a qualifying District of Columbia offense.
    (e) Commencement of Collection.--Subsection (a) of this section 
shall take effect 180 days after the date of the enactment of this Act.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Court Services and Offender Supervision Agency for 
the District of Columbia or the Trustee appointed under section 
11232(a) of the Balanced Budget Act of 1997, as appropriate, to carry 
out this section such sums as may be necessary for each of fiscal years 
2001 through 2005.

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

    (a) In General.--(1) Chapter 80 of title 10, United States Code, is 
amended by adding after section 1564, as added by section 542(a)(1), 
the end the following new section:
``Sec. 1565. DNA identification information: collection from violent 
              and sexual offenders; use
    ``(a) Collection of DNA Samples.--(1) The Secretary concerned shall 
collect a DNA sample from each member of the armed forces under the 
Secretary's jurisdiction who is, or has been, convicted of a qualifying 
military offense (as determined under subsection (d)).
    ``(2) For each member described in paragraph (1), if the Combined 
DNA Index System (in this section referred to as `CODIS') of the 
Federal Bureau of Investigation contains a DNA analysis with respect to 
that member, the Secretary concerned may (but need not) collect a DNA 
sample from that member.
    ``(b) Analysis and Use of Samples.--The Secretary concerned shall 
furnish each DNA sample collected under subsection (a) to the Secretary 
of Defense. The Secretary of Defense shall furnish each DNA sample to 
the Director of the Federal Bureau of Investigation, who shall carry 
out a DNA analysis on each such DNA sample and include the results in 
CODIS.
    ``(c) Definitions.--In this section:
            ``(1) The term `DNA sample' means a tissue, fluid, or other 
        bodily sample of an individual on which a DNA analysis can be 
        carried out.
            ``(2) The term `DNA analysis' means analysis of the 
        deoxyribonucleic acid (DNA) identification information in a 
        bodily sample.
    ``(d) Qualifying Military Offenses.--(1) Subject to paragraph (2), 
the Secretary of Defense, in consultation with the Attorney General, 
shall determine those violent or sexual offenses under the Uniform Code 
of Military Justice that shall be considered for purposes of this 
section as qualifying military offenses.
    ``(2) An offense under the Uniform Code of Military Justice that is 
equivalent to a qualifying Federal offense (as determined under section 
3(d) of the DNA Analysis Backlog Elimination Act of 2000), as 
determined by the Secretary in consultation with the Attorney General, 
shall be considered for purposes of this section as a qualifying 
military offense.
    ``(e) Regulations.--This section shall be carried out under 
regulations prescribed by the Secretary of Defense, in consultation 
with the Secretary of Transportation and the Attorney General. Those 
regulations shall apply, to the extent practicable, uniformly 
throughout the armed forces.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding after the item relating to section 1564, as added by 
section 542(a)(2), the following new item:

``1565. DNA identification information: collection from violent and 
                            sexual offenders; use.''.
    (b) Initial Determination of Qualifying Military Offenses.--The 
initial determination of qualifying military offenses under section 
1565(d) of title 10, United States Code, as added by subsection (a)(1), 
shall be made not later than 120 days after the date of the enactment 
of this Act.

SEC. 6. EXPANSION OF DNA IDENTIFICATION INDEX.

    (a) Use of Antiterrorism Funds.--Section 811(a) of the 
Antiterrorism and Effective Death Penalty Act of 1996 (28 U.S.C. 531 
note) is amended--
            (1) by striking ``and'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) the Director of the Federal Bureau of Investigation 
        shall expand the combined DNA Identification System (CODIS) to 
        include analyses of DNA samples collected from--
                    ``(A) individuals convicted of a qualifying Federal 
                offense in accordance with section 3 of the DNA 
                Analysis Backlog Elimination Act of 2000;
                    ``(B) individuals convicted of a qualifying 
                District of Columbia offense in accordance with section 
                4 of the DNA Analysis Backlog Elimination Act of 2000; 
                and
                    ``(C) members of the Armed Forces convicted of a 
                qualifying military offense in accordance with section 
                1565 of title 10, United States Code.''.
    (b) Index To Facilitate Law Enforcement Exchange of DNA 
Identification Information.--Section 210304 of the Violent Crime 
Control and Law Enforcement Act of 1994 (42 U.S.C. 14132) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``or victims of crime'' after 
                ``crime scenes'' in paragraph (2);
                    (B) by striking ``and'' at the end of paragraph 
                (3);
                    (C) by striking the period at the end of paragraph 
                (4) and inserting ``; and''; and
                    (D) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) analyses of DNA samples collected from--
                    ``(A) individuals convicted of a qualifying Federal 
                offense in accordance with section 3 of the DNA 
                Analysis Backlog Elimination Act of 2000;
                    ``(B) individuals convicted of a qualifying 
                District of Columbia offense in accordance with section 
                4 of the DNA Analysis Backlog Elimination Act of 2000; 
                and
                    ``(C) members of the Armed Forces convicted of a 
                qualifying military offense in accordance with section 
                1565 of title 10, United States Code.'';
            (2) in subsection (b)(2), by striking ``, at regular 
        intervals of not to exceed 180 days,'' and inserting 
        ``semiannual''; and
            (3) by adding at the end the following new subsection:
    ``(d) Expungement of Records.--(1) The Director of the Federal 
Bureau of Investigation shall promptly expunge from the index described 
in subsection (a) the DNA analysis of a person if the Director 
receives, for each conviction of the person of a qualifying offense, a 
certified copy of a final court order (the time for appeal of which has 
run) evidencing that such conviction has been overturned.
    ``(2) For purposes of this subsection, the term `qualifying 
offense' means any of the following offenses:
            ``(A) A qualifying Federal offense, as determined under 
        section 3 of the DNA Analysis Backlog Elimination Act of 2000.
            ``(B) A qualifying District of Columbia offense, as 
        determined under section 4 of the DNA Analysis Backlog 
        Elimination Act of 2000.
            ``(C) A qualifying military offense, as determined under 
        section 1565 of title 10, United States Code.''.

SEC. 7. CONDITIONS OF RELEASE.

    (a) Conditions of Probation.--Section 3563(a) of title 18, United 
States Code, is amended--
            (1) in paragraph (7), by striking ``and'' at the end;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
            (3) by inserting after paragraph (8) the following:
            ``(9) that the defendant cooperate in the collection of a 
        DNA sample from the defendant if the collection of such a 
        sample is authorized pursuant to section 3 or section 4 of the 
        DNA Analysis Backlog Elimination Act of 2000.''.
    (b) Conditions of Supervised Release.--Section 3583(d) of title 18, 
United States Code, is amended by inserting before ``The court shall 
also order'' the following: ``The court shall order, as an explicit 
condition of supervised release, that the defendant cooperate in the 
collection of a DNA sample from the defendant, if the collection of 
such a sample is authorized pursuant to section 3 or section 4 of the 
DNA Analysis Backlog Elimination Act of 2000.''.
    (c) Conditions of Parole.--Section 4209 of title 18, United States 
Code, insofar as such section remains in effect with respect to certain 
individuals, is amended by inserting before ``In every case, the 
Commission shall also impose'' the following: ``In every case, the 
Commission shall impose as a condition of parole that the parolee 
cooperate in the collection of a DNA sample from the parolee, if the 
collection of such a sample is authorized pursuant to section 3 or 
section 4 of the DNA Analysis Backlog Elimination Act of 2000.''.
    (d) Conditions of Release Generally.--If the collection of a DNA 
sample from an individual on probation, parole, or supervised release 
(including an individual on parole pursuant to chapter 311 of title 18, 
United States Code, as in effect on October 30, 1997) is authorized 
pursuant to section 3 or 4 of this Act, and the sample has not 
otherwise been collected, the individual shall cooperate in the 
collection of a DNA sample as a condition of that probation, parole, or 
supervised release.

SEC. 8. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Drug Control and System Improvement Grants.--Section 
503(a)(12)(C) of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3753(a)(12)(C)) is amended by striking ``, at 
regular intervals of not to exceed 180 days,'' and inserting 
``semiannual''.
    (b) DNA Identification Grants.--Section 2403(3) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796kk-
2(3)) is amended by striking ``, at regular intervals not exceeding 180 
days,'' and inserting ``semiannual''.
    (c) Federal Bureau of Investigation.--Section 210305(a)(1)(A) of 
the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14133(a)(1)(A)) is amended by striking ``, at regular intervals of not 
to exceed 180 days,'' and inserting ``semiannual''.
    (d) Quality of Laboratories Preparing DNA Information for Use in 
CODIS.--Section 210304(b)(2) of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 14132(b)(2) is amended to read as 
follows:
            ``(2) prepared by laboratories--
                    ``(A) satisfying the quality assurance protocols 
                and practices that the Director of the Federal Bureau 
                of Investigation considers adequate to assure the 
                quality of a forensic laboratory, as maintained by the 
                Director under section 2 of the DNA Analysis Backlog 
                Elimination Act of 2000; or
                    ``(B) accredited by a nonprofit professional 
                association of persons actively involved in forensic 
                science that is nationally recognized within the 
                forensic science community; and''.
                                 <all>