[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3130 Introduced in Senate (IS)]






106th CONGRESS
  2d Session
                                S. 3130

To provide for post-conviction DNA testing, to facilitate the exchange 
by law enforcement agencies of DNA identification information relating 
              to felony offenders, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 28 (legislative day, September 22), 2000

 Mr. Hatch (for himself, Mr. Lott, Mr. Nickles, Mr. Mack, Mr. McCain, 
   Mr. Grassley, Mr. Thurmond, Mr. Kyl, Mr. Abraham, Mr. DeWine, Mr. 
Sessions, Mr. Smith of New Hampshire, Mr. Smith of Oregon, Ms. Collins, 
  Mr. Fitzgerald, Mr. Helms, Mr. Santorum, Mr. Hagel, Mr. Shelby, Mr. 
 Warner, Mr. Inhofe, Ms. Snowe, Mr. Allard, Mr. Brownback, Mr. Grams, 
Mr. Bennett, Mr. Cochran, Mr. Hutchinson, and Mr. Frist) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide for post-conviction DNA testing, to facilitate the exchange 
by law enforcement agencies of DNA identification information relating 
              to felony offenders, 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.
Sec. 2. Findings.
         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. Short title.
Sec. 202. Elimination of convicted offender DNA backlog.
Sec. 203. Elimination of State and local unsolved casework DNA backlog.
Sec. 204. Elimination of FBI unsolved casework DNA backlog.
Sec. 205. Missing persons database.
Sec. 206. DNA identification of Federal, District of Columbia, and 
                            military felony offenders.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) In the last decade, deoxyribonucleic acid testing 
        (referred to in this Act as ``DNA testing'') has emerged as the 
        most reliable forensic technique for identifying criminals when 
        biological evidence of the crime is obtained. DNA testing ``has 
        been acknowledged by the courts as well as the national 
        scientific community for its extraordinary degree of accuracy 
        in matching cellular material to individuals''. Commonwealth v. 
        Brison, 618 A.2d 420 (S. Ct. Pa. 1992).
            (2) In many cases, DNA testing of biological evidence can 
        reveal relevant evidence of a crime, and in a narrow class of 
        cases, it can conclusively prove the guilt or innocence of a 
        criminal defendant. In many other cases, however, DNA testing 
        can provide only inconclusive or irrelevant evidence.
            (3) While DNA testing is standard in pretrial 
        investigations in every State today, it was not widely 
        available prior to the early 1990's. In addition, new DNA 
        testing technologies have been developed that can accurately 
        examine minute samples and obtain more discriminating results 
        than earlier forms of DNA testing.
            (4) DNA testing is possible on biological evidence that is 
        more than a decade old. Because biological evidence, such as 
        semen or hair from a rape, is often preserved by authorities 
        years after trial, it has become possible to submit preserved 
        biological evidence to DNA testing. In cases that were tried 
        before DNA technology existed, and in which biological evidence 
        was preserved after conviction, post-conviction testing is 
        feasible.
            (5) Even within this narrow class of cases that occurred 
        before DNA technology existed, and in which biological evidence 
        was preserved, post-conviction testing is appropriate only if 
        the identity of the perpetrator was an issue at trial, and DNA 
        testing has the potential to exonerate the defendant of the 
        crime for which he was convicted of beyond a reasonable doubt. 
        To authorize post-conviction testing in a broader category of 
        cases would lead to a waste of scarce prosecutorial and 
        judicial resources without increasing the likelihood of 
        determining whether an innocent person was wrongfully 
        convicted.
            (6) Several States, including Illinois, New York, and 
        Arizona, have enacted statutes that authorize post-conviction 
        DNA testing. The Illinois statute has worked particularly well, 
        as Illinois has the most post-conviction DNA exonerations in 
        the Nation. As the cases interpreting these statutes make 
        clear, post-conviction DNA testing is authorized only in cases 
        in which testing has the potential to exonerate a defendant. 
        For example, in People v. Savory, 722, N.E.2d 220, 224 (Ill. 
        1999), the court, after an exhaustive examination of the 
        Illinois post-conviction DNA testing statute, concluded that 
        ``the legislature intended to provide a process of total 
        vindication...[I]n using the term `actual innocence', the 
        legislature intended to limit the scope of the [Illinois 
        statute], allowing for scientific testing only where it has the 
        potential to exonerate a defendant.''. In Savory, the court 
        denied post-conviction testing because ``although DNA testing 
        carries the possibility of weakening the State's original case 
        against defendant, it does not have the potential to prove him 
        innocent''.
            (7) Because DNA testing is standard in pretrial 
        investigations in every State today, the issue of post-
        conviction DNA testing involves only a narrow class of cases 
        prosecuted before DNA technology existed. In the near future, 
        the need for post-conviction DNA testing will cease because of 
        the availability of pretrial testing with advanced 
        technologies.
            (8) In the last decade, post-conviction DNA testing has 
        exonerated innocent persons who were wrongly convicted in 
        trials that occurred before DNA testing existed. In some of 
        these cases, the post-conviction DNA testing that exonerated a 
        wrongly convicted person also provided evidence that led to the 
        apprehension of the actual perpetrator.
            (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. In 38 States, motions 
        for a new trial based on newly discovered evidence must be made 
        not later than 2 years after the date of conviction. In some 
        States, such motions must be made not later than 30 days after 
        the date of conviction. Under Federal law, such a motion must 
        be made not later than 3 years after the date of conviction. 
        These time limits are based on the fact that evidence becomes 
        less reliable after the passage of time and, as a result, it is 
        difficult to prosecute criminal cases years after the crime 
        occurred.
            (10) The time limits on introducing newly discovered 
        evidence should not bar post-conviction DNA testing in 
        appropriate cases because DNA testing can produce accurate 
        results on biological evidence that is more than a decade old. 
        Unlike other evidence, the results of DNA testing are not 
        necessarily less reliable after the passage of time.
            (11) Once post-conviction DNA testing is performed, the 
        results of such testing should be considered as newly 
        discovered evidence by the courts. If post-conviction testing 
        produces exculpatory evidence, the defendant should be allowed 
        to move for a new trial based on newly discovered evidence, 
        notwithstanding the time limits on such motions applicable to 
        other forms of newly discovered evidence. In addition, courts 
        should weigh motions for a new trial based on post-conviction 
        DNA testing results under the established precedents for 
        motions for a new trial based on newly discovered evidence.
            (12) In 1994, Congress passed the DNA Identification Act, 
        which authorized the construction of the Combined DNA Index 
        System (referred to in this section as ``CODIS''). CODIS is a 
        national database that allows Federal and State law enforcement 
        agencies to submit, retrieve, and compare DNA profiles of 
        convicted offenders and DNA profiles of evidence from crime 
        scenes.
            (13) Every State has a law that requires certain convicted 
        offenders to provide DNA samples. These convicted offender DNA 
        samples must be analyzed before the DNA profiles can be placed 
        in the CODIS database. DNA profiles of evidence from crime 
        scenes are also placed in CODIS.
            (14) When DNA evidence is gathered from a crime scene, law 
        enforcement authorities can use CODIS in 2 ways. First, 
        authorities can compare the DNA evidence to the convicted 
        offender profiles in CODIS. If there is a match between the DNA 
        evidence and the DNA profile of a convicted offender, 
        authorities will obtain the identity of the suspected 
        perpetrator. Second, if there is not a match in the convicted 
        offender profiles, authorities can compare the DNA evidence to 
        the DNA profiles of evidence from other crime scenes. If there 
        is a match between the DNA evidence and the DNA profiles from 
        other unsolved crimes, authorities can link 2 or more crimes 
        together.
            (15) DNA samples must be analyzed by accredited 
        laboratories before the samples can be placed in CODIS. 
        Unfortunately, there is a nationwide backlog of approximately 
        700,000 unanalyzed convicted offender DNA samples and 
        unanalyzed DNA evidence from unsolved crimes. Authorities 
        estimate that at least 600 felonies will be solved by 
        eliminating the backlog of convicted offender DNA samples 
        alone. Congress should provide financial assistance to the 
        States to analyze DNA samples and evidence and expedite their 
        inclusion in CODIS.
            (16) While every State has a law that requires certain 
        convicted offenders to provide DNA samples, the Federal 
        Government does not collect DNA samples from offenders 
        convicted of Federal crimes, United States military crimes, or 
        crimes under the law of the District of Columbia. Congress 
        should pass legislation that requires anyone convicted of a 
        felony under Federal law, United States military law, or the 
        law of the District of Columbia to provide a DNA sample for 
        inclusion in CODIS.

         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 because 
        the technology for such testing was not available to the 
        applicant at the time of trial.
    ``(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) under penalty of perjury, assert 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;
            ``(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 enactment of this Act 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 enactment of this Act, this 
title and the amendments made by this title are repealed.

             TITLE II--CONVICTED OFFENDER DNA INDEX SYSTEM

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Convicted Offender DNA Index 
System Support Act''.

SEC. 202. ELIMINATION OF CONVICTED OFFENDER DNA BACKLOG.

    (a) Development of Plan.--
            (1) In general.--Not later than 45 days after the date of 
        enactment of this Act, the Director of the Federal Bureau of 
        Investigation, after consultation with representatives of the 
        States and of appropriate Federal agencies, shall develop a 
        plan to assist eligible States in performing DNA analyses of 
        DNA samples collected from convicted offenders and to pay for 
        the costs of such post-conviction DNA analyses, as necessary.
            (2) Objective.--The objective of the plan developed under 
        paragraph (1) shall be to effectively eliminate the backlog of 
        convicted offender DNA samples awaiting analysis in State or 
        local forensic laboratory storage, including samples that need 
        to be reanalyzed using upgraded methods, in an efficient, 
        expeditious manner that will provide for the entry of those 
        analyses into the combined DNA Indexing System (CODIS).
    (b) Eligibility for Assistance.--To be eligible to receive 
assistance under the plan developed under subsection (a), a State shall 
submit to the Attorney General an application, which shall include 
assurances that--
            (1) not later than 1 year after the date on which the 
        application is submitted, the State will allow post-conviction 
        DNA testing in a manner consistent with section 3600 of title 
        18, United States Code (as added by title I of this Act); and
            (2) prior to the repeal of chapter 228A of title 18, United 
        States Code (as added by title I of this Act), the State will 
        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.
    (c) Plan Conditions.--The plan developed under subsection (a) shall 
require each of the following:
            (1) That the Director of the Federal Bureau of 
        Investigation--
                    (A) establish requirements for the performance of 
                DNA analyses by private forensic laboratories, 
                including quality assurance standards, state-of-the-art 
                testing methods, and other requirements that the 
                Director considers appropriate; and
                    (B) determine which private forensic laboratories 
                satisfy the requirements established pursuant to 
                subparagraph (A).
            (2) That a laboratory may perform DNA analyses under the 
        plan only if it is a private forensic laboratory determined 
        under paragraph (1)(B) to satisfy the requirements established 
        pursuant to paragraph (1)(A).
            (3) That the Director of the Federal Bureau of 
        Investigation provide assistance under the plan only pursuant 
        to arrangements with private forensic laboratories that have 
        been determined under paragraph (1)(B) to satisfy the 
        requirements established pursuant to paragraph (1)(A).
            (4) That under each such arrangement--
                    (A) the Director shall determine, for each State to 
                which assistance is provided under the plan, the 
                quantity of convicted offender DNA samples awaiting 
                analysis in that State on which the laboratory shall 
                perform DNA analysis;
                    (B) the laboratory shall perform those DNA 
                analyses; and
                    (C) the Director shall, on behalf of that State, 
                provide funding to the laboratory to cover the costs of 
                those DNA analyses.
            (5) That each DNA sample collected and analyzed under the 
        plan be accessible only--
                    (A) to criminal justice agencies for law 
                enforcement identification purposes;
                    (B) in judicial proceedings, if otherwise 
                admissible pursuant to applicable statutes or rules;
                    (C) for criminal defense purposes, to a defendant, 
                who shall have access to samples and analyses performed 
                in connection with the case in which such defendant is 
                charged; or
                    (D) for validation studies and protocol development 
                purposes, if personally identifiable information is 
                removed.
    (d) Implementation of Plan.--Subject to the availability of 
appropriations under subsection (e), the Director of the Federal Bureau 
of Investigation shall implement the plan developed under subsection 
(a) with eligible States.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Director of the Federal Bureau of Investigation to 
carry out this section $25,000,000 for each of fiscal years 2000 and 
2001.

SEC. 203. ELIMINATION OF STATE AND LOCAL UNSOLVED CASEWORK DNA BACKLOG.

    (a) Development of Plan.--
            (1) In general.--Not later than 45 days after the date of 
        enactment of this Act, the Attorney General, in coordination 
        with the Director of the Federal Bureau of Investigation and 
after consultation with representatives of the States and of 
appropriate Federal agencies, shall develop a plan to assist eligible 
States in performing DNA analyses of crime scene evidence in casework 
for which there are no suspects.
            (2) Objective.--The objective of the plan developed under 
        paragraph (1) shall be to effectively eliminate the backlog of 
        crime scene evidence awaiting DNA analysis in State or local 
        forensic laboratory storage, including evidence that needs to 
        be reanalyzed using upgraded methods, in an efficient, 
        expeditious manner that will provide for the entry of those 
        analyses into the combined DNA Indexing System (CODIS).
    (b) Eligibility for Assistance.--To be eligible to receive 
assistance under the plan developed under subsection (a), a State shall 
submit to the Attorney General an application, which shall include 
assurances that--
            (1) not later than 1 year after the date on which the 
        application is submitted, the State will allow post-conviction 
        DNA testing in a manner consistent with section 3600 of title 
        18, United States Code (as added by title I of this Act); and
            (2) prior to the repeal of chapter 228A of title 18, United 
        States Code (as added by title I of this Act), the State will 
        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.
    (c) Plan Conditions.--The plan developed under subsection (a) shall 
require each the following:
            (1) That the Attorney General, in coordination with the 
        Director of the Federal Bureau of Investigation, establish--
                    (A) requirements for the performance of DNA 
                analyses by State and local forensic laboratories, 
                including quality assurance standards issued by the 
                Director, state-of-the-art testing methods, and other 
                requirements that the Director considers appropriate;
                    (B) procedures under which a State may apply for 
                assistance under the plan; and
                    (C) guidelines for the use by a State of any 
                assistance under the plan.
            (2) That the Attorney General provide assistance under the 
        plan only by making grants to a State, to be used by the chief 
        executive officer of the State, in conjunction with units of 
        local government, other States, or any combination thereof, to 
        carry out a project consistent with the plan.
            (3) That the State, as a condition of receiving assistance 
        under the plan, shall--
                    (A) use the assistance only for the DNA analysis of 
                crime scene evidence in casework for which there are no 
                suspects; and
                    (B) provide assurances that it will submit a report 
                to the Attorney General containing a summary of the 
                activities carried out using the assistance provided.
            (4) That the Federal share of assistance provided under the 
        plan with respect to a project may not exceed 75 percent of the 
        total costs of the project.
            (5) That each DNA sample collected and analyzed under the 
        plan be accessible only--
                    (A) to criminal justice agencies for law 
                enforcement identification purposes;
                    (B) in judicial proceedings, if otherwise 
                admissible pursuant to applicable statutes or rules;
                    (C) for criminal defense purposes, to a defendant, 
                who shall have access to samples and analyses performed 
                in connection with the case in which such defendant is 
                charged; or
                    (D) for validation studies and protocol development 
                purposes, if personally identifiable information is 
                removed.
    (d) Implementation of Plan.--Subject to the availability of 
appropriations under subsection (e), the Attorney General shall 
implement the plan developed under subsection (a) with eligible States.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General to carry out this section 
$35,000,000 for each of fiscal years 2000 and 2001.

SEC. 204. ELIMINATION OF FBI UNSOLVED CASEWORK DNA BACKLOG.

    (a) Development of Plan.--Not later than 45 days after the date of 
enactment of this Act, the Director of the Federal Bureau of 
Investigation shall develop a plan to effectively eliminate the backlog 
of crime scene evidence awaiting DNA analysis in forensic laboratory 
storage of the Bureau, including evidence that needs to be reanalyzed 
using upgraded methods, in an efficient, expeditious manner that will 
provide for the entry of those analyses into the combined DNA Indexing 
System (CODIS).
    (b) Condition of Plan.--The plan developed under subsection (a) 
shall require that each DNA sample collected and analyzed under the 
plan be accessible only--
            (1) to criminal justice agencies for law enforcement 
        identification purposes;
            (2) in judicial proceedings, if otherwise admissible 
        pursuant to applicable statutes or rules;
            (3) for criminal defense purposes, to a defendant, who 
        shall have access to samples and analyses performed in 
        connection with the case in which such defendant is charged; or
            (4) for validation studies and protocol development 
        purposes, if personally identifiable information is removed.
    (c) Implementation of Plan.--Subject to the availability of 
appropriations under subsection (d), the Director of the Federal Bureau 
of Investigation shall implement the plan developed pursuant to 
subsection (a).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Director of the Federal Bureau of Investigation to 
carry out this section $500,000 for fiscal year 2000, to remain 
available until expended.

SEC. 205. MISSING PERSONS DATABASE.

    (a) In General.--The Director of the Federal Bureau of 
Investigation may expand the combined DNA Indexing System (CODIS) to 
include information on missing persons, including analyses of DNA 
samples voluntarily contributed from relatives of missing persons.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Director of the Federal Bureau of Investigation to 
carry out this section $2,835,000 for fiscal year 2000, to remain 
available until expended.

SEC. 206. DNA IDENTIFICATION OF FEDERAL, DISTRICT OF COLUMBIA, AND 
              MILITARY FELONY OFFENDERS.

    (a) Expansion of DNA Identification Index.--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 information on DNA identification records and analyses 
        related to criminal offenses and acts of juvenile delinquency 
        under Federal law, the Uniform Code of Military Justice, and 
        the District of Columbia Code, in accordance with section 
        210304 of the Violent Crime Control and Law Enforcement Act of 
        1994 (42 U.S.C. 14132).''.
    (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)(1), by striking ``persons convicted 
        of crimes'' and inserting ``individuals convicted of criminal 
        offenses or adjudicated delinquent for acts of juvenile 
        delinquency, including qualifying offenses (as defined in 
        subsection (d)(1))'';
            (2) in subsection (a)(2), by striking ``and'';
            (3) in subsection (a)(3), by striking the period and 
        inserting ``; and'';
            (4) by adding at the end the following:
            ``(4) analyses of DNA samples voluntarily contributed from 
        relatives of missing persons.'';
            (5) in subsection (b)(2), by striking ``, at regular 
        intervals of not to exceed 180 days,'' and inserting 
        ``semiannual''; and
            (6) by adding at the end the following:
    ``(d) Inclusion of DNA Information Relating to Felony Offenders.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `felony' means a criminal offense 
                punishable by a maximum term of imprisonment of more 
                than 1 year; and
                    ``(B) the term `qualifying offense' means a 
                criminal offense or act of juvenile delinquency 
                included on the list established by the Director of the 
                Federal Bureau of Investigation under paragraph 
                (2)(A)(i).
            ``(2) Regulations.--
                    ``(A) In general.--Not later than 90 days after the 
                date of enactment of this subsection, and at the 
                discretion of the Director thereafter, the Director of 
                the Federal Bureau of Investigation, in consultation 
                with the Director of the Bureau of Prisons, 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), and the Chief of Police 
                of the Metropolitan Police Department of the District 
                of Columbia, shall by regulation establish--
                            ``(i) a list of qualifying offenses; and
                            ``(ii) standards and procedures for--
                                    ``(I) the analysis of DNA samples 
                                collected from individuals convicted of 
                                or adjudicated delinquent for a 
                                qualifying offense;
                                    ``(II) the inclusion in the index 
                                established by this section of the DNA 
                                identification records and DNA analyses 
                                relating to the DNA samples described 
                                in subclause (I); and
                                    ``(III) the expungement of DNA 
                                identification records and DNA analyses 
                                described in subclause (II) from the 
                                index established by this section in 
                                any circumstance in which the 
                                underlying conviction or adjudication 
                                for the qualifying offense has been 
                                reversed or expunged.
                    ``(B) Offenses included.--The list established 
                under subparagraph (A)(i) shall include--
                            ``(i) each criminal offense or act of 
                        juvenile delinquency under Federal law that--
                                    ``(I) constitutes a felony; or
                                    ``(II) in the case of an act of 
                                juvenile delinquency, would, if 
                                committed by an adult, constitute a 
                                felony; and
                            ``(ii) each criminal offense under the 
                        District of Columbia Code that would, if 
                        committed in the special maritime and 
                        territorial jurisdiction of the United States, 
                        constitute a felony.
            ``(3) Federal offenders.--
                    ``(A) Collection of samples from federal 
                prisoners.--
                            ``(i) In general.--Beginning 180 days after 
                        the date of enactment of this subsection, the 
                        Director of the Bureau of Prisons shall collect 
                        a DNA sample from each individual in the 
                        custody of the Bureau of Prisons who has been 
                        convicted of or adjudicated delinquent for a 
                        qualifying offense.
                            ``(ii) Time and manner.--The Director of 
                        the Bureau of Prisons shall specify the time 
                        and manner of collection of DNA samples under 
                        this subparagraph.
                    ``(B) Collection of samples from federal offenders 
                on supervised release, parole, or probation.--
                            ``(i) In general.--Beginning 180 days after 
                        the date of enactment of this subsection, the 
                        agency responsible for the supervision under 
                        Federal law of an individual on supervised 
                        release, parole, or probation (other than an 
                        individual described in paragraph (4)(B)(i)) 
                        shall collect a DNA sample from each individual 
                        who has been convicted of or adjudicated 
                        delinquent for a qualifying offense.
                            ``(ii) Time and manner.--The Director of 
                        the Administrative Office of the United States 
                        Courts shall specify the time and manner of 
                        collection of DNA samples under this 
                        subparagraph.
            ``(4) District of columbia offenders.--
                    ``(A) Offenders in custody of district of 
                columbia.--
                            ``(i) In general.--The Government of the 
                        District of Columbia may--
                                    ``(I) identify 1 or more categories 
                                of individuals who are in the custody 
                                of, or under supervision by, the 
                                District of Columbia as a result of a 
                                conviction of a qualifying offense, 
                                from whom DNA samples should be 
                                collected; and
                                    ``(II) collect a DNA sample from 
                                each individual in any category 
                                identified under clause (i).
                            ``(ii) Definition.--In this subparagraph, 
                        the term `individuals in the custody of, or 
                        under supervision by, the District of 
                        Columbia'--
                                    ``(I) includes any individual in 
                                the custody of, or under supervision 
                                by, any agency of the Government of the 
                                District of Columbia; and
                                    ``(II) does not include an 
                                individual who is under the supervision 
                                of 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.
                    ``(B) Offenders on supervised release, probation, 
                or parole.--
                            ``(i) In general.--Beginning 180 days after 
                        the date of enactment of this subsection, 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, 
                        respectively, who is on supervised release, 
                        parole, or probation who has been convicted of 
                        or adjudicated delinquent for a qualifying 
                        offense.
                            ``(ii) Time and manner.--The Director or 
                        the Trustee, as appropriate, shall specify the 
                        time and manner of collection of DNA samples 
                        under this subparagraph.
            ``(5) Waiver; collection procedures.--Notwithstanding any 
        other provision of this subsection, a person or agency 
        responsible for the collection of DNA samples under this 
        subsection may--
                    ``(A) waive the collection of a sample from an 
                individual under this subsection if another person or 
                agency has collected such a sample from the individual 
                under this subsection or subsection (e); and
                    ``(B) use or authorize the use of such means as are 
                necessary to restrain and collect a DNA sample from an 
                individual who refuses to cooperate in the collection 
                of the sample.
    ``(e) Inclusion of DNA Information Relating to Felony Military 
Offenders.--
            ``(1) In general.--Not later than 120 days after the date 
        of enactment of this subsection, the Secretary of Defense shall 
        prescribe regulations that--
                    ``(A) specify categories of conduct punishable 
                under the Uniform Code of Military Justice (referred to 
                in this subsection as `qualifying military offenses') 
                that are comparable to qualifying offenses (as defined 
                in subsection (d)(1)); and
                    ``(B) set forth standards and procedures for--
                            ``(i) the analysis of DNA samples collected 
                        from individuals convicted of a qualifying 
                        military offense;
                            ``(ii) the inclusion in the index 
                        established by this section of the DNA 
                        identification records and DNA analyses 
                        relating to the DNA samples described in clause 
                        (i); and
                            ``(iii) the expungement of DNA 
                        identification records and DNA analyses 
                        described in clause (ii) from the index 
                        established by this section in any circumstance 
                        in which the underlying conviction for the 
                        qualifying military offense has been reversed 
                        or the underlying record has been expunged for 
                        any other reason.
            ``(2) Collection of samples.--
                    ``(A) In general.--Beginning 180 days after the 
                date of enactment of this subsection, the Secretary of 
                Defense shall collect a DNA sample from each individual 
                under the jurisdiction of the Secretary of a military 
                department who has been convicted of a qualifying 
                military offense.
                    ``(B) Time and manner.--The Secretary of Defense 
                shall specify the time and manner of collection of DNA 
                samples under this paragraph.
            ``(3) Waiver; collection procedures.--Notwithstanding any 
        other provision of this subsection, the Secretary of Defense 
        may--
                    ``(A) waive the collection of a sample from an 
                individual under this subsection if another person or 
                agency has collected such a sample from the individual 
                under subsection (d); and
                    ``(B) use or authorize the use of such means as are 
                necessary to restrain and collect a DNA sample from an 
                individual who refuses to cooperate in the collection 
                of the sample.
    ``(f) Criminal Penalty.--
            ``(1) In general.--An individual from whom the collection 
        of a DNA sample is required under subsection (d) 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.
            ``(2) Military offenders.--An individual from whom the 
        collection of a DNA sample is required under subsection (e) who 
        fails to cooperate in the collection of that sample may be 
        punished as a court martial may direct as a violation of the 
        Uniform Code of Military Justice.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated--
            ``(1) to the Department of Justice to carry out subsection 
        (d) of this section (including to reimburse the Federal 
        judiciary for any reasonable costs incurred in implementing 
        such subsection, as determined by the Attorney General) and 
        section 3(d) of the National DNA Convicted Offender and 
        Casework Backlog Reduction Act of 1999--
                    ``(A) $6,600,000 for fiscal year 2000; and
                    ``(B) such sums as may be necessary for each of 
                fiscal years 2001 through 2004;
            ``(2) 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), such sums as may be necessary for each of fiscal 
        years 2000 through 2004; and
            ``(3) to the Department of Defense to carry out subsection 
        (e)--
                    ``(A) $600,000 for fiscal year 2000; and
                    ``(B) $300,000 for each of fiscal years 2001 
                through 2004.''.
    (c) Conditions of Release.--
            (1) Conditions of probation.--Section 3563(a) of title 18, 
        United States Code, is amended--
                    (A) in paragraph (7), by striking ``and'' at the 
                end;
                    (B) in paragraph (8), by striking the period at the 
                end and inserting ``; and''; and
                    (C) 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 required pursuant to section 210304 of the Violent 
        Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
        14132).''.
            (2) 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 required 
        pursuant to section 210304 of the Violent Crime Control and Law 
        Enforcement Act of 1994 (42 U.S.C. 14132).''.
            (3) 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 required pursuant to section 210304 of the 
        Violent Crime Control and Law Enforcement Act of 1994 (42 
        U.S.C. 14132), 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.
    (d) Report and Evaluation.--Not later than 1 year after the date of 
enactment of this Act, the Attorney General, acting through the 
Assistant Attorney General for the Office of Justice Programs of the 
Department of Justice and the Director of the Federal Bureau of 
Investigation, shall--
            (1) conduct an evaluation to--
                    (A) identify criminal offenses, including offenses 
                other than qualifying offenses (as defined in section 
                210304(d)(1) of the Violent Crime Control and Law 
                Enforcement Act of 1994 (42 U.S.C. 14132(d)(1)), as 
                added by this section) that, if serving as a basis for 
                the mandatory collection of a DNA sample under section 
                210304 of the Violent Crime Control and Law Enforcement 
                Act of 1994 (42 U.S.C. 14132) or under State law, are 
                likely to yield DNA matches, and the relative degree of 
                such likelihood with respect to each such offense; and
                    (B) determine the number of investigations aided 
                (including the number of suspects cleared), and the 
                rates of prosecution and conviction of suspects 
                identified through DNA matching; and
            (2) submit to Congress a report describing the results of 
        the evaluation under paragraph (1).
    (e) Technical and Conforming Amendments.--
            (1) 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''.
            (2) 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''.
            (3) 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''.
                                 <all>