[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5000 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5000

 To provide for post-conviction DNA testing, to make grants to States 
for carrying out DNA analyses for use in the Combined DNA Index System 
 of the Federal Bureau of Investigation, to provide for the collection 
and analysis of DNA samples from certain Federal, District of Columbia, 
 and military offenders for use in such system, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2000

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

_______________________________________________________________________

                                 A BILL


 
 To provide for post-conviction DNA testing, to make grants to States 
for carrying out DNA analyses for use in the Combined DNA Index System 
 of the Federal Bureau of Investigation, to provide for the collection 
and analysis of DNA samples from certain Federal, District of Columbia, 
 and military offenders for use in such system, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Criminal Justice 
Integrity and Law Enforcement Assistance Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
         TITLE I--POST-CONVICTION DNA TESTING IN FEDERAL COURT

Sec. 101. Post-conviction DNA testing.
Sec. 102. Repeal.
             TITLE II--CONVICTED OFFENDER DNA INDEX SYSTEM

Sec. 201. Authorization of grants.
Sec. 202. Collection and use of DNA identification information from 
                            certain Federal offenders.
Sec. 203. Collection and use of DNA identification information from 
                            certain District of Columbia offenders.
Sec. 204. Collection and use of DNA identification information from 
                            certain offenders in the Armed Forces.
Sec. 205. Expansion of DNA identification index.
Sec. 206. Conditions of release.
Sec. 207. Technical and conforming amendments.
Sec. 208. Authorization of appropriations.
Sec. 209. Privacy protection standards.

         TITLE I--POST-CONVICTION DNA TESTING IN FEDERAL COURT

SEC. 101. POST-CONVICTION DNA TESTING.

    (a) Federal Criminal Procedure.--
            (1) In general.--Part II of title 18, United States Code, 
        is amended by inserting after chapter 228 the following:

              ``CHAPTER 228A--POST-CONVICTION DNA TESTING

``Sec.
``3600. DNA testing.
``3600A. Prohibition on destruction of biological material.
``Sec. 3600. DNA testing
    ``(a) Motion.--During the 30-month period beginning on the date of 
enactment of this section, an individual serving a term of imprisonment 
for conviction in a court of the United States of a criminal offense 
(referred to in this section as the `applicant') may make a written 
motion to the court that entered the judgment of conviction for the 
performance of forensic DNA testing on specified evidence, if that 
evidence--
            ``(1) was secured in relation to the investigation or 
        prosecution that resulted in the conviction of the applicant; 
        and
            ``(2) was not subject to the DNA testing requested.
    ``(b) Notice to the Government.--Upon receipt of a motion under 
subsection (a), the court shall notify the Government and shall afford 
the Government an opportunity to respond to the motion.
    ``(c) Requirements.--In any motion under subsection (a), the 
applicant shall--
            ``(1) assert actual innocence of the offense for which the 
        applicant was convicted, under penalty of perjury;
            ``(2) identify the specific evidence (that was secured in 
        relation to the investigation or prosecution that resulted in 
        the conviction of the applicant) to be tested and a theory of 
        defense, not inconsistent with previously asserted theories, 
        that the requested DNA testing would support; and
            ``(3) present a prima facie showing that--
                    ``(A) the identity of the perpetrator was at issue 
                in the trial that resulted in the conviction of the 
                applicant; and
                    ``(B) DNA testing of the specified evidence would, 
                assuming exculpatory results, establish the actual 
                innocence of the applicant of--
                            ``(i) the offense for which the applicant 
                        was convicted; or
                            ``(ii) uncharged conduct, if the 
                        exoneration of the applicant of such conduct 
                        would result in a mandatory reduction in the 
                        sentence of the applicant.
    ``(d) Order.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        court shall order the testing requested in a motion under 
        subsection (a) under reasonable conditions designed to protect 
        the interests of the Government in the integrity of the 
        evidence and the testing process, upon a determination, after 
        review of the record of the trial of the applicant, that--
                    ``(A) the applicant has met the requirements of 
                subsection (c);
                    ``(B) the evidence to be tested is in the 
                possession of the Government or the court and has been 
                subject to a chain of custody sufficient to establish 
                that it has not been altered in any material respect; 
                and
                    ``(C) the motion is made in a timely manner and for 
                the purpose of demonstrating the actual innocence of 
                the applicant and not to delay the execution of 
                sentence or administration of justice.
            ``(2) Exception.--The court shall not order the testing 
        requested in a motion under subsection (a) if, after review of 
        the record of the trial of the applicant, the court determines 
        that there is no reasonable possibility that the testing will 
        produce exculpatory evidence that would establish the actual 
        innocence of the applicant of--
                    ``(A) the offense for which the applicant was 
                convicted; or
                    ``(B) uncharged conduct, if the exoneration of the 
                applicant of such conduct would result in a mandatory 
                reduction in the sentence of the applicant.
            ``(3) Final order.--An order under this subsection is a 
        final order for purposes of section 1291 of title 28, United 
        States Code.
    ``(e) Testing Procedures.--
            ``(1) Selection of laboratory.--Any DNA testing ordered 
        under this section shall be conducted by--
                    ``(A) a laboratory mutually selected by the 
                Government and the applicant; or
                    ``(B) if the Government and the applicant are 
                unable to agree on a laboratory, a laboratory selected 
                by the court that ordered the testing.
            ``(2) Costs.--The costs of any testing ordered under this 
        section shall be paid--
                    ``(A) by the applicant; or
                    ``(B) in the case of an applicant who is indigent, 
                by the court.
    ``(f) Time Limitation in Capital Cases.--In any case in which the 
applicant is sentenced to death--
            ``(1) any DNA testing ordered under this section shall be 
        completed not later than 120 days after the date on which the 
        Government responds to the motion under subsection (a); and
            ``(2) the court shall order any post-testing procedures 
        under subsection (g) not later than 30 days after the date on 
        which the DNA testing is completed.
    ``(g) Post-Testing Procedures.--
            ``(1) Results unfavorable to applicant.--If the DNA testing 
        conducted under this section produces inconclusive evidence or 
        evidence that is unfavorable to the applicant--
                    ``(A) the court shall--
                            ``(i) dismiss the application; and
                            ``(ii) forward the results of the testing 
                        to the appropriate parole board that would have 
                        jurisdiction over a request for parole by the 
                        applicant; and
                    ``(B) the Government shall compare the evidence to 
                DNA evidence from unsolved crimes in the Combined DNA 
                Index System (CODIS).
            ``(2) Results favorable to applicant.--If the DNA testing 
        conducted under this section produces exculpatory evidence--
                    ``(A) the applicant may, during the 60-day period 
                beginning on the date on which the applicant is 
                notified of the test results, make a motion to the 
                court that ordered the testing for a new trial based on 
                newly discovered evidence under rule 33 of the Federal 
                Rules of Criminal Procedure, notwithstanding any 
                provision of law that would bar such a motion as 
                untimely; and
                    ``(B) upon receipt of a motion under subparagraph 
                (A), the court that ordered the testing shall consider 
                the motion under rule 33 of the Federal Rules of 
                Criminal Procedure, notwithstanding any provision of 
                law that would bar such consideration as untimely.
    ``(h) Applicability to Federal Habeas Corpus.--The denial of post-
conviction DNA testing by a Federal or State court shall not be a 
ground for relief in any proceeding under Federal habeas corpus.
    ``(i) Counsel.--The court may appoint counsel for an indigent 
applicant under this section.
``Sec. 3600A. Prohibition on destruction of biological material
    ``(a) Prohibition.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, during the period described in paragraph (2), the 
        Government shall not destroy any biological material preserved 
        in any case in which the identity of the perpetrator was at 
        issue during trial, if the defendant is serving a term of 
        imprisonment following conviction in that case.
            ``(2) Period described.--The period described in this 
        paragraph is the period beginning on the date of enactment of 
        this section and ending on the later of--
                    ``(A) the expiration of the 30-month period 
                beginning on that date of enactment; or
                    ``(B) the date on which any proceedings under 
                section 3600 relating to the case are completed.
    ``(b) Sanctions for Intentional Violation.--The court may impose 
appropriate sanctions, including criminal contempt, for an intentional 
violation of subsection (a).''.
            (2) Technical and conforming amendment.--The analysis for 
        part II of title 18, United States Code, is amended by 
        inserting after the item relating to section 228 the following:

``228A. Post-conviction DNA testing.........................    3600''.
    (b) Applicability.--The amendments made by this section shall take 
effect on the date of the enactment of this title and shall apply with 
respect to any judgment of conviction entered before, on, or after that 
date of enactment.

SEC. 102. REPEAL.

    Effective 30 months after the date of the enactment of this title, 
this title and the amendments made by this title are repealed.

             TITLE II--CONVICTED OFFENDER DNA INDEX SYSTEM

SEC. 201. AUTHORIZATION OF GRANTS.

    (a) Authorization of Grants.--The Attorney General may make grants 
to eligible States for use by the State for the following purposes:
            (1) To carry out, for inclusion in the Combined DNA Index 
        System of the Federal Bureau of Investigation, DNA analyses of 
        samples taken from individuals convicted of a qualifying State 
        offense (as determined under subsection (b)(2)).
            (2) To carry out, for inclusion in such Combined DNA Index 
        System, DNA analyses of samples from crime scenes.
            (3) To increase the capacity of laboratories owned by the 
        State or by units of local government within the State to carry 
        out DNA analyses of samples specified in paragraph (2).
    (b) Eligibility.--For a State to be eligible to receive a grant 
under this section, the chief executive officer of the State shall 
submit to the Attorney General an application in such form and 
containing such information as the Attorney General may require. The 
application shall--
            (1) provide assurances that the State has implemented, or 
        will implement not later than 120 days after the date of such 
        application, a comprehensive plan for the expeditious DNA 
        analysis of samples in accordance with this section;
            (2) include a certification that each DNA analysis carried 
        out under the plan shall be maintained pursuant to the privacy 
        requirements described in section 210304(b)(3) of the Violent 
        Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
        14132(b)(3));
            (3) include a certification that the State has determined, 
        by statute, rule, or regulation, those offenses under State law 
        that shall be treated for purposes of this section as 
        qualifying State offenses;
            (4) specify the allocation that the State shall make, in 
        using grant amounts to carry out DNA analyses of samples, as 
        between samples specified in subsection (a)(1) and samples 
        specified in subsection (a)(2); and
            (5) specify that portion of grant amounts that the State 
        shall use for the purpose specified in subsection (a)(3).
    (c) Crimes Without Suspects.--A State that proposes to allocate 
grant amounts under paragraph (4) or (5) of subsection (b) for the 
purposes specified in paragraph (2) or (3) of subsection (a) shall use 
such allocated amounts to conduct or facilitate DNA analyses of those 
samples that relate to crimes in connection with which there are no 
suspects.
    (d) Analysis of Samples.--
            (1) In general.--The plan shall require that, except as 
        provided in paragraph (3), each DNA analysis be carried out in 
        a laboratory that satisfies quality assurance standards and 
        is--
                    (A) operated by the State or a unit of local 
                government within the State; or
                    (B) operated by a private entity pursuant to a 
                contract with the State or a unit of local government 
                within the State.
            (2) Quality assurance standards.--(A) The Director of the 
        Federal Bureau of Investigation shall maintain and make 
        available to States a description of quality assurance 
        protocols and practices that the Director considers adequate to 
        assure the quality of a forensic laboratory.
            (B) For purposes of this section, a laboratory satisfies 
        quality assurance standards if the laboratory satisfies the 
        quality control requirements described in paragraphs (1) and 
        (2) of section 210304(b) of the Violent Crime Control and Law 
        Enforcement Act of 1994 (42 U.S.C. 14132(b)).
            (3) Use of vouchers for certain purposes.--A grant for the 
        purposes specified in paragraph (1) or (2) of subsection (a) 
        may be made in the form of a voucher for laboratory services, 
        which may be redeemed at a laboratory operated by a private 
        entity approved by the Attorney General that satisfies quality 
        assurance standards. The Attorney General may make payment to 
        such a laboratory for the analysis of DNA samples using amounts 
        authorized for those purposes under subsection (j).
    (e) Restrictions on Use of Funds.--
            (1) Nonsupplanting.--Funds made available pursuant to this 
        section shall not be used to supplant State funds, but shall be 
        used to increase the amount of funds that would, in the absence 
        of Federal funds, be made available from State sources for the 
        purposes of this title.
            (2) Administrative costs.--A State may not use more than 
        three percent of the funds it receives from this section for 
        administrative expenses.
    (f) Reports to the Attorney General.--Each State which receives a 
grant under this section shall submit to the Attorney General, for each 
year in which funds from a grant received under this section is 
expended, a report at such time and in such manner as the Attorney 
General may reasonably require, which contains--
            (1) a summary of the activities carried out under the grant 
        and an assessment of whether such activities are meeting the 
        needs identified in the application; and
            (2) such other information as the Attorney General may 
        require.
    (g) Reports to Congress.--Not later than 90 days after the end of 
each fiscal year for which grants are made under this section, the 
Attorney General shall submit to the Congress a report that includes--
            (1) the aggregate amount of grants made under this section 
        to each State for such fiscal year; and
            (2) a summary of the information provided by States 
        receiving grants under this section.
    (h) Expenditure Records.--
            (1) In general.--Each State which receives a grant under 
        this section shall keep records as the Attorney General may 
        require to facilitate an effective audit of the receipt and use 
        of grant funds received under this section.
            (2) Access.--Each State which receives a grant under this 
        section shall make available, for the purpose of audit and 
        examination, such records as are related to the receipt or use 
        of any such grant.
    (i) Definition.--For purposes of this section, the term ``State'' 
means a State of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States Virgin Islands, American 
Samoa, Guam, and the Northern Mariana Islands.
    (j) Authorization of Appropriations.--Amounts are authorized to be 
appropriated to the Attorney General for grants under subsection (a) as 
follows:
            (1) For grants for the purposes specified in paragraph (1) 
        of such subsection--
                    (A) $15,000,000 for fiscal year 2001;
                    (B) $15,000,000 for fiscal year 2002; and
                    (C) $15,000,000 for fiscal year 2003.
            (2) For grants for the purposes specified in paragraphs (2) 
        and (3) of such subsection--
                    (A) $25,000,000 for fiscal year 2001;
                    (B) $50,000,000 for fiscal year 2002;
                    (C) $25,000,000 for fiscal year 2003; and
                    (D) $25,000,000 for fiscal year 2004.

SEC. 202. COLLECTION AND USE OF DNA IDENTIFICATION INFORMATION FROM 
              CERTAIN FEDERAL OFFENDERS.

    (a) Collection of DNA Samples.--
            (1) From individuals in custody.--The Director of the 
        Bureau of Prisons shall collect a DNA sample from each 
        individual in the custody of the Bureau of Prisons who is, or 
        has been, convicted of a qualifying Federal offense (as 
        determined under subsection (d)) or a qualifying military 
        offense, as determined under section 1565 of title 10, United 
        States Code.
            (2) From individuals on release, parole, or probation.--The 
        probation office responsible for the supervision under Federal 
        law of an individual on probation, parole, or supervised 
        release shall collect a DNA sample from each such individual 
        who is, or has been, convicted of a qualifying Federal offense 
        (as determined under subsection (d)) or a qualifying military 
        offense, as determined under section 1565 of title 10, United 
        States Code.
            (3) Individuals already in codis.--For each individual 
        described in paragraph (1) or (2), if the Combined DNA Index 
        System (in this section referred to as ``CODIS'') of the 
        Federal Bureau of Investigation contains a DNA analysis with 
        respect to that individual, or if a DNA sample has been 
        collected from that individual under section 1565 of title 10, 
        United States Code, the Director of the Bureau of Prisons or 
        the probation office responsible (as applicable) may (but need 
        not) collect a DNA sample from that individual.
            (4) Collection procedures.--(A) The Director of the Bureau 
        of Prisons or the probation office responsible (as applicable) 
        may use or authorize the use of such means as are reasonably 
        necessary to detain, restrain, and collect a DNA sample from an 
        individual who refuses to cooperate in the collection of the 
        sample.
            (B) The Director of the Bureau of Prisons or the probation 
        office, as appropriate, may enter into agreements with units of 
        State or local government or with private entities to provide 
        for the collection of the samples described in paragraph (1) or 
        (2).
            (5) Criminal penalty.--An individual from whom the 
        collection of a DNA sample is authorized under this subsection 
        who fails to cooperate in the collection of that sample shall 
        be--
                    (A) guilty of a class A misdemeanor; and
                    (B) punished in accordance with title 18, United 
                States Code.
    (b) Analysis and Use of Samples.--The Director of the Bureau of 
Prisons or the probation office responsible (as applicable) shall 
furnish each DNA sample collected under subsection (a) to the Director 
of the Federal Bureau of Investigation, who shall carry out a DNA 
analysis on each such DNA sample and include the results in CODIS.
    (c) Definitions.--In this section:
            (1) The term ``DNA sample'' means a tissue, fluid, or other 
        bodily sample of an individual on which a DNA analysis can be 
        carried out.
            (2) The term ``DNA analysis'' means analysis of the 
        deoxyribonucleic acid (DNA) identification information in a 
        bodily sample.
    (d) Qualifying Federal Offenses.--(1) The offenses that shall be 
treated for purposes of this section as qualifying Federal offenses are 
the following offenses under title 18, United States Code, as 
determined by the Attorney General:
            (A) Murder (as described in section 1111 of such title), 
        voluntary manslaughter (as described in section 1112 of such 
        title), or other offense relating to homicide (as described in 
        chapter 51 of such title, sections 1113, 1114, 1116, 1118, 
        1119, 1120, and 1121).
            (B) An offense relating to sexual abuse (as described in 
        chapter 109A of such title, sections 2241 through 2245), to 
        sexual exploitation or other abuse of children (as described in 
        chapter 110 of such title, sections 2251 through 2252A), or to 
        transportation for illegal sexual activity (as described in 
        chapter 117 of such title, sections 2421, 2422, 2423, and 
        2425).
            (C) Kidnapping (as defined in section 3559(c)(2)(E) of such 
        title).
            (D) Burglary.
            (E) Attempt or conspiracy to commit any of the above 
        offenses.
    (2) The initial determination of qualifying Federal offenses shall 
be made not later than 120 days after the date of the enactment of this 
title.
    (e) Regulations.--
            (1) In general.--Except as provided in paragraph (2), this 
        section shall be carried out under regulations prescribed by 
        the Attorney General.
            (2) Probation officers.--The Director of the Administrative 
        Office of the United States Courts shall make available model 
        procedures for the activities of probation officers in carrying 
        out this section.
    (f) Commencement of Collection.--Collection of DNA samples under 
subsection (a) shall, subject to the availability of appropriations, 
commence not later than the date that is 180 days after the date of the 
enactment of this title.

SEC. 203. COLLECTION AND USE OF DNA IDENTIFICATION INFORMATION FROM 
              CERTAIN DISTRICT OF COLUMBIA OFFENDERS.

    (a) Collection of DNA Samples.--
            (1) From individuals in custody.--The Director of the 
        Bureau of Prisons shall collect a DNA sample from each 
        individual in the custody of the Bureau of Prisons who is, or 
        has been, convicted of a qualifying District of Columbia 
        offense (as determined under subsection (d)).
            (2) From individuals on release, parole, or probation.--The 
        Director of the Court Services and Offender Supervision Agency 
        for the District of Columbia shall collect a DNA sample from 
        each individual under the supervision of the Agency who is on 
        supervised release, parole, or probation who is, or has been, 
        convicted of a qualifying District of Columbia offense (as 
        determined under subsection (d)).
            (3) Individuals already in codis.--For each individual 
        described in paragraph (1) or (2), if the Combined DNA Index 
        System (in this section referred to as ``CODIS'') of the 
        Federal Bureau of Investigation contains a DNA analysis with 
        respect to that individual, the Director of the Bureau of 
        Prisons or Agency (as applicable) may (but need not) collect a 
        DNA sample from that individual.
            (4) Collection procedures.--(A) The Director of the Bureau 
        of Prisons or Agency (as applicable) may use or authorize the 
        use of such means as are reasonably necessary to detain, 
        restrain, and collect a DNA sample from an individual who 
        refuses to cooperate in the collection of the sample.
            (B) The Director of the Bureau of Prisons or Agency, as 
        appropriate, may enter into agreements with units of State or 
        local government or with private entities to provide for the 
        collection of the samples described in paragraph (1) or (2).
            (5) Criminal penalty.--An individual from whom the 
        collection of a DNA sample is authorized under this subsection 
        who fails to cooperate in the collection of that sample shall 
        be--
                    (A) guilty of a class A misdemeanor; and
                    (B) punished in accordance with title 18, United 
                States Code.
    (b) Analysis and Use of Samples.--The Director of the Bureau of 
Prisons or Agency (as applicable) shall furnish each DNA sample 
collected under subsection (a) to the Director of the Federal Bureau of 
Investigation, who shall carry out a DNA analysis on each such DNA 
sample and include the results in CODIS.
    (c) Definitions.--In this section:
            (1) The term ``DNA sample'' means a tissue, fluid, or other 
        bodily sample of an individual on which a DNA analysis can be 
        carried out.
            (2) The term ``DNA analysis'' means analysis of the 
        deoxyribonucleic acid (DNA) identification information in a 
        bodily sample.
    (d) Qualifying District of Columbia Offenses.--The Government of 
the District of Columbia may determine those offenses under the 
District of Columbia Code that shall be treated for purposes of this 
section as qualifying District of Columbia offenses.
    (e) Commencement of Collection.--Collection of DNA samples under 
subsection (a) shall, subject to the availability of appropriations, 
commence not later than the date that is 180 days after the date of the 
enactment of this title.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Court Services and Offender Supervision Agency for 
the District of Columbia to carry out this section such sums as may be 
necessary for each of fiscal years 2001 through 2005.

SEC. 204. COLLECTION AND USE OF DNA IDENTIFICATION INFORMATION FROM 
              CERTAIN OFFENDERS IN THE ARMED FORCES.

    (a) In General.--(1) Chapter 80 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1565. DNA identification information: collection from certain 
              offenders; use
    ``(a) Collection of DNA Samples.--(1) The Secretary concerned shall 
collect a DNA sample from each member of the armed forces under the 
Secretary's jurisdiction who is, or has been, convicted of a qualifying 
military offense (as determined under subsection (d)).
    ``(2) For each member described in paragraph (1), if the Combined 
DNA Index System (in this section referred to as `CODIS') of the 
Federal Bureau of Investigation contains a DNA analysis with respect to 
that member, or if a DNA sample has been or is to be collected from 
that member under section 202(a) of the Criminal Justice Integrity and 
Law Enforcement Assistance Act, the Secretary concerned may (but need 
not) collect a DNA sample from that member.
    ``(3) The Secretary concerned may enter into agreements with other 
Federal agencies, units of State or local government, or private 
entities to provide for the collection of samples described in 
paragraph (1).
    ``(b) Analysis and Use of Samples.--The Secretary concerned shall 
furnish each DNA sample collected under subsection (a) to the Secretary 
of Defense. The Secretary of Defense shall carry out a DNA analysis on 
each such DNA sample and furnish the results of each such analysis to 
the Director of the Federal Bureau of Investigation for inclusion in 
CODIS.
    ``(c) Definitions.--In this section:
            ``(1) The term `DNA sample' means a tissue, fluid, or other 
        bodily sample of an individual on which a DNA analysis can be 
        carried out.
            ``(2) The term `DNA analysis' means analysis of the 
        deoxyribonucleic acid (DNA) identification information in a 
        bodily sample.
    ``(d) Qualifying Military Offenses.--(1) Subject to paragraph (2), 
the Secretary of Defense, in consultation with the Attorney General, 
shall determine those felony or sexual offenses under the Uniform Code 
of Military Justice that shall be treated for purposes of this section 
as qualifying military offenses.
    ``(2) An offense under the Uniform Code of Military Justice that is 
comparable to a qualifying Federal offense (as determined under section 
202(d) of the Criminal Justice Integrity and Law Enforcement Assistance 
Act), as determined by the Secretary in consultation with the Attorney 
General, shall be treated for purposes of this section as a qualifying 
military offense.
    ``(e) Expungement.--(1) The Secretary of Defense shall promptly 
expunge, from the index described in subsection (a) of section 210304 
of the Violent Crime Control and Law Enforcement Act of 1994, the DNA 
analysis of a person included in the index on the basis of a qualifying 
military offense if the Secretary receives, for each conviction of the 
person of a qualifying offense, a certified copy of a final court order 
establishing that such conviction has been overturned.
    ``(2) For purposes of paragraph (1), the term `qualifying offense' 
means any of the following offenses:
            ``(A) A qualifying Federal offense, as determined under 
        section 202 of the Criminal Justice Integrity and Law 
        Enforcement Assistance Act.
            ``(B) A qualifying District of Columbia offense, as 
        determined under section 203 of the Criminal Justice Integrity 
        and Law Enforcement Assistance Act.
            ``(C) A qualifying military offense.
    ``(3) For purposes of paragraph (1), a court order is not `final' 
if time remains for an appeal or application for discretionary review 
with respect to the order.
    ``(f) Regulations.--This section shall be carried out under 
regulations prescribed by the Secretary of Defense, in consultation 
with the Secretary of Transportation and the Attorney General. Those 
regulations shall apply, to the extent practicable, uniformly 
throughout the armed forces.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``1565. DNA identification information: collection from certain 
                            offenders; use.''.
    (b) Initial Determination of Qualifying Military Offenses.--The 
initial determination of qualifying military offenses under section 
1565(d) of title 10, United States Code, as added by subsection (a)(1), 
shall be made not later than 120 days after the date of the enactment 
of this title.
    (c) Commencement of Collection.--Collection of DNA samples under 
section 1565(a) of such title, as added by subsection (a)(1), shall, 
subject to the availability of appropriations, commence not later than 
the date that is 60 days after the date of the initial determination 
referred to in subsection (b).

SEC. 205. EXPANSION OF DNA IDENTIFICATION INDEX.

    (a) Use of Certain Funds.--Section 811(a)(2) of the Antiterrorism 
and Effective Death Penalty Act of 1996 (28 U.S.C. 531 note) is amended 
to read as follows:
            ``(2) the Director of the Federal Bureau of Investigation 
        shall expand the combined DNA Identification System (CODIS) to 
        include analyses of DNA samples collected from--
                    ``(A) individuals convicted of a qualifying Federal 
                offense, as determined under section 202(d) of the 
                Criminal Justice Integrity and Law Enforcement 
                Assistance Act;
                    ``(B) individuals convicted of a qualifying 
                District of Columbia offense, as determined under 
                section 203(d) of the Criminal Justice Integrity and 
                Law Enforcement Assistance Act; and
                    ``(C) members of the Armed Forces convicted of a 
                qualifying military offense, as determined under 
                section 1565(d) of title 10, United States Code.''.
    (b) Index To Facilitate Law Enforcement Exchange of DNA 
Identification Information.--Section 210304 of the Violent Crime 
Control and Law Enforcement Act of 1994 (42 U.S.C. 14132) is amended--
            (1) in subsection (b)(1), by inserting after ``criminal 
        justice agency'' the following: ``(or the Secretary of Defense 
        in accordance with section 1565 of title 10, United States 
        Code)'';
            (2) in subsection (b)(2)--
                    (A) by striking ``, at regular intervals of not to 
                exceed 180 days,'' and inserting ``semiannual''; and
                    (B) by inserting before the semicolon the 
                following: `` (or prepared by the Secretary of Defense 
                in accordance with section 1565 of title 10, United 
                States Code)'';
            (3) in subsection (b)(3), by inserting after ``criminal 
        justice agency'' the following: ``(or the Secretary of Defense 
        in accordance with section 1565 of title 10, United States 
        Code)''; and
            (4) by adding at the end the following new subsection:
    ``(d) Expungement of Records.--(1) The Director of the Federal 
Bureau of Investigation shall promptly expunge from the index described 
in subsection (a) the DNA analysis of a person included in the index on 
the basis of a qualifying Federal offense or a qualifying District of 
Columbia offense (as determined under section 202 and 203 of the 
Criminal Justice Integrity and Law Enforcement Assistance Act, 
respectively) if the Director receives, for each conviction of the 
person of a qualifying offense, a certified copy of a final court order 
establishing that such conviction has been overturned.
    ``(2) For purposes of paragraph (1), the term `qualifying offense' 
means any of the following offenses:
            ``(A) A qualifying Federal offense, as determined under 
        section 202 of the Criminal Justice Integrity and Law 
        Enforcement Assistance Act.
            ``(B) A qualifying District of Columbia offense, as 
        determined under section 203 of the Criminal Justice Integrity 
        and Law Enforcement Assistance Act.
            ``(C) A qualifying military offense, as determined under 
        section 1565 of title 10, United States Code.
    ``(3) For purposes of paragraph (1), a court order is not `final' 
if time remains for an appeal or application for discretionary review 
with respect to the order.''.

SEC. 206. CONDITIONS OF RELEASE.

    (a) Conditions of Probation.--Section 3563(a) of title 18, United 
States Code, is amended--
            (1) in paragraph (7), by striking ``and'' at the end;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
            (3) by inserting after paragraph (8) the following:
            ``(9) that the defendant cooperate in the collection of a 
        DNA sample from the defendant if the collection of such a 
        sample is authorized pursuant to section 202 of the Criminal 
        Justice Integrity and Law Enforcement Assistance Act.''.
    (b) Conditions of Supervised Release.--Section 3583(d) of title 18, 
United States Code, is amended by inserting before ``The court shall 
also order'' the following: ``The court shall order, as an explicit 
condition of supervised release, that the defendant cooperate in the 
collection of a DNA sample from the defendant, if the collection of 
such a sample is authorized pursuant to section 202 of the Criminal 
Justice Integrity and Law Enforcement Assistance Act.''.
    (c) Conditions of Parole.--Section 4209 of title 18, United States 
Code, insofar as such section remains in effect with respect to certain 
individuals, is amended by inserting before ``In every case, the 
Commission shall also impose'' the following: ``In every case, the 
Commission shall impose as a condition of parole that the parolee 
cooperate in the collection of a DNA sample from the parolee, if the 
collection of such a sample is authorized pursuant to section 202 or 
section 203 of the Criminal Justice Integrity and Law Enforcement 
Assistance Act or section 1565 of title 10.''.
    (d) Conditions of Release Generally.--If the collection of a DNA 
sample from an individual on probation, parole, or supervised release 
is authorized pursuant to section 202 or 203 of this title or section 
1565 of title 10, United States Code, the individual shall cooperate in 
the collection of a DNA sample as a condition of that probation, 
parole, or supervised release.

SEC. 207. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Drug Control and System Improvement Grants.--Section 
503(a)(12)(C) of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3753(a)(12)(C)) is amended by striking ``, at 
regular intervals of not to exceed 180 days,'' and inserting 
``semiannual''.
    (b) DNA Identification Grants.--Section 2403(3) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796kk-
2(3)) is amended by striking ``, at regular intervals not exceeding 180 
days,'' and inserting ``semiannual''.
    (c) Federal Bureau of Investigation.--Section 210305(a)(1)(A) of 
the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14133(a)(1)(A)) is amended by striking ``, at regular intervals of not 
to exceed 180 days,'' and inserting ``semiannual''.

SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 209. PRIVACY PROTECTION STANDARDS.

    (a) In General.--Except as provided in subsection (b), any sample 
collected under, or any result of any analysis carried out under, 
section 201, 202, or 203 may be used only for a purpose specified in 
such section.
    (b) Permissive Uses.--A sample or result described in subsection 
(a) may be disclosed under the circumstances under which disclosure of 
information included in the Combined DNA Index System is allowed, as 
specified in subparagraphs (A) through (D) of section 210304(b)(3) of 
the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14132(b)(3)).
    (c) Criminal Penalty.--A person who knowingly--
            (1) discloses a sample or result described in subsection 
        (a) in any manner to any person not authorized to receive it; 
        or
            (2) obtains, without authorization, a sample or result 
        described in subsection (a),
shall be fined not more than $100,000.
                                 <all>