[Congressional Record Volume 146, Number 120 (Monday, October 2, 2000)]
[House]
[Pages H8572-H8578]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              DNA ANALYSIS BACKLOG ELIMINATION ACT OF 2000

  Mr. CANADY of Florida. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 4640) to make grants to States for carrying out DNA 
analyses for use in the Combined DNA Index System of the Federal Bureau 
of Investigation, to provide for the collection and analysis of DNA 
samples from certain violent and sexual offenders for

[[Page H8573]]

use in such system, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 4640

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. AUTHORIZATION OF GRANTS.

       (a) Authorization of Grants.--The Attorney General may make 
     grants to eligible States for use by the State for the 
     following purposes:
       (1) To carry out, for inclusion in the Combined DNA Index 
     System of the Federal Bureau of Investigation, DNA analyses 
     of samples taken from individuals convicted of a qualifying 
     State offense (as determined under subsection (b)(3)).
       (2) To carry out, for inclusion in such Combined DNA Index 
     System, DNA analyses of samples from crime scenes.
       (3) To increase the capacity of laboratories owned by the 
     State or by units of local government within the State to 
     carry out DNA analyses of samples specified in paragraph (2).
       (b) Eligibility.--For a State to be eligible to receive a 
     grant under this section, the chief executive officer of the 
     State shall submit to the Attorney General an application in 
     such form and containing such information as the Attorney 
     General may require. The application shall--
       (1) provide assurances that the State has implemented, or 
     will implement not later than 120 days after the date of such 
     application, a comprehensive plan for the expeditious DNA 
     analysis of samples in accordance with this section;
       (2) include a certification that each DNA analysis carried 
     out under the plan shall be maintained pursuant to the 
     privacy requirements described in section 210304(b)(3) of the 
     Violent Crime Control and Law Enforcement Act of 1994 (42 
     U.S.C. 14132(b)(3));
       (3) include a certification that the State has determined, 
     by statute, rule, or regulation, those offenses under State 
     law that shall be treated for purposes of this section as 
     qualifying State offenses;
       (4) specify the allocation that the State shall make, in 
     using grant amounts to carry out DNA analyses of samples, as 
     between samples specified in subsection (a)(1) and samples 
     specified in subsection (a)(2); and
       (5) specify that portion of grant amounts that the State 
     shall use for the purpose specified in subsection (a)(3).
       (c) Crimes Without Suspects.--A State that proposes to 
     allocate grant amounts under paragraph (4) or (5) of 
     subsection (b) for the purposes specified in paragraph (2) or 
     (3) of subsection (a) shall use such allocated amounts to 
     conduct or facilitate DNA analyses of those samples that 
     relate to crimes in connection with which there are no 
     suspects.
       (d) Analysis of Samples.--
       (1) In general.--The plan shall require that, except as 
     provided in paragraph (3), each DNA analysis be carried out 
     in a laboratory that satisfies quality assurance standards 
     and is--
       (A) operated by the State or a unit of local government 
     within the State; or
       (B) operated by a private entity pursuant to a contract 
     with the State or a unit of local government within the 
     State.
       (2) Quality assurance standards.--(A) The Director of the 
     Federal Bureau of Investigation shall maintain and make 
     available to States a description of quality assurance 
     protocols and practices that the Director considers adequate 
     to assure the quality of a forensic laboratory.
       (B) For purposes of this section, a laboratory satisfies 
     quality assurance standards if the laboratory satisfies the 
     quality control requirements described in paragraphs (1) and 
     (2) of section 210304(b) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (42 U.S.C. 14132(b)).
       (3) Use of vouchers for certain purposes.--A grant for the 
     purposes specified in paragraph (1) or (2) of subsection (a) 
     may be made in the form of a voucher for laboratory services, 
     which may be redeemed at a laboratory operated by a private 
     entity approved by the Attorney General that satisfies 
     quality assurance standards. The Attorney General may make 
     payment to such a laboratory for the analysis of DNA samples 
     using amounts authorized for those purposes under subsection 
     (j).
       (e) Restrictions on Use of Funds.--
       (1) Nonsupplanting.--Funds made available pursuant to this 
     section shall not be used to supplant State funds, but shall 
     be used to increase the amount of funds that would, in the 
     absence of Federal funds, be made available from State 
     sources for the purposes of this Act.
       (2) Administrative costs.--A State may not use more than 
     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. 3. COLLECTION AND USE OF DNA IDENTIFICATION INFORMATION 
                   FROM CERTAIN FEDERAL OFFENDERS.

       (a) Collection of DNA Samples.--
       (1) From individuals in custody.--The Director of the 
     Bureau of Prisons shall collect a DNA sample from each 
     individual in the custody of the Bureau of Prisons who is, or 
     has been, convicted of a qualifying Federal offense (as 
     determined under subsection (d)) or a qualifying military 
     offense, as determined under section 1565 of title 10, United 
     States Code.
       (2) From individuals on release, parole, or probation.--The 
     probation office responsible for the supervision under 
     Federal law of an individual on probation, parole, or 
     supervised release shall collect a DNA sample from each such 
     individual who is, or has been, convicted of a qualifying 
     Federal offense (as determined under subsection (d)) or a 
     qualifying military offense, as determined under section 1565 
     of title 10, United States Code.
       (3) Individuals already in codis.--For each individual 
     described in paragraph (1) or (2), if the Combined DNA Index 
     System (in this section referred to as ``CODIS'') of the 
     Federal Bureau of Investigation contains a DNA analysis with 
     respect to that individual, or if a DNA sample has been 
     collected from that individual under section 1565 of title 
     10, United States Code, the Director of the Bureau of Prisons 
     or the probation office responsible (as applicable) may (but 
     need not) collect a DNA sample from that individual.
       (4) Collection procedures.--(A) The Director of the Bureau 
     of Prisons or the probation office responsible (as 
     applicable) may use or authorize the use of such means as are 
     reasonably necessary to detain, restrain, and collect a DNA 
     sample from an individual who refuses to cooperate in the 
     collection of the sample.
       (B) The Director of the Bureau of Prisons or the probation 
     office, as appropriate, may enter into agreements with units 
     of State or local government or with private entities to 
     provide for the collection of the samples described in 
     paragraph (1) or (2).
       (5) Criminal penalty.--An individual from whom the 
     collection of a DNA sample is authorized under this 
     subsection who fails to cooperate in the collection of that 
     sample shall be--
       (A) guilty of a class A misdemeanor; and
       (B) punished in accordance with title 18, United States 
     Code.
       (b) Analysis and Use of Samples.--The Director of the 
     Bureau of Prisons or the probation office responsible (as 
     applicable) shall furnish each DNA sample collected under 
     subsection (a) to the Director of the Federal Bureau of 
     Investigation, who shall carry out a DNA analysis on each 
     such DNA sample and include the results in CODIS.
       (c) Definitions.--In this section:
       (1) The term ``DNA sample'' means a tissue, fluid, or other 
     bodily sample of an individual on which a DNA analysis can be 
     carried out.
       (2) The term ``DNA analysis'' means analysis of the 
     deoxyribonucleic acid (DNA) identification information in a 
     bodily sample.
       (d) Qualifying Federal Offenses.--(1) The offenses that 
     shall be treated for purposes of this section as qualifying 
     Federal offenses are the following offenses under title 18, 
     United States Code, as determined by the Attorney General:
       (A) Murder (as described in section 1111 of such title), 
     voluntary manslaughter (as described in section 1112 of such 
     title), or other offense relating to homicide (as described 
     in

[[Page H8574]]

     chapter 51 of such title, sections 1113, 1114, 1116, 1118, 
     1119, 1120, and 1121).
       (B) An offense relating to sexual abuse (as described in 
     chapter 109A of such title, sections 2241 through 2245), to 
     sexual exploitation or other abuse of children (as described 
     in chapter 110 of such title, sections 2251 through 2252), or 
     to transportation for illegal sexual activity (as described 
     in chapter 117 of such title, sections 2421, 2422, 2423, and 
     2425).
       (C) An offense relating to peonage and slavery (as 
     described in chapter 77 of such title).
       (D) Kidnapping (as defined in section 3559(c)(2)(E) of such 
     title).
       (E) An offense involving robbery or burglary (as described 
     in chapter 103 of such title, sections 2111 through 2114, 
     2116, and 2118 through 2119).
       (F) Any violation of section 1153 involving murder, 
     manslaughter, kidnapping, maiming, a felony offense relating 
     to sexual abuse (as described in chapter 109A), incest, 
     arson, burglary, or robbery.
       (G) Any attempt or conspiracy to commit any of the above 
     offenses.
       (2) The initial determination of qualifying Federal 
     offenses shall be made not later than 120 days after the date 
     of the enactment of this Act.
       (e) Regulations.--
       (1) In general.--Except as provided in paragraph (2), this 
     section shall be carried out under regulations prescribed by 
     the Attorney General.
       (2) Probation officers.--The Director of the Administrative 
     Office of the United States Courts shall make available model 
     procedures for the activities of probation officers in 
     carrying out this section.
       (f) Commencement of Collection.--Collection of DNA samples 
     under subsection (a) shall, subject to the availability of 
     appropriations, commence not later than the date that is 180 
     days after the date of the enactment of this Act.

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

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

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

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

     ``Sec. 1565. DNA identification information: collection from 
       certain offenders; use

       ``(a) Collection of DNA Samples.--(1) The Secretary 
     concerned shall collect a DNA sample from each member of the 
     armed forces under the Secretary's jurisdiction who is, or 
     has been, convicted of a qualifying military offense (as 
     determined under subsection (d)).
       ``(2) For each member described in paragraph (1), if the 
     Combined DNA Index System (in this section referred to as 
     `CODIS') of the Federal Bureau of Investigation contains a 
     DNA analysis with respect to that member, or if a DNA sample 
     has been or is to be collected from that member under section 
     3(a) of the DNA Analysis Backlog Elimination Act of 2000, the 
     Secretary concerned may (but need not) collect a DNA sample 
     from that member.
       ``(3) The Secretary concerned may enter into agreements 
     with other Federal agencies, units of State or local 
     government, or private entities to provide for the collection 
     of samples described in paragraph (1).
       ``(b) Analysis and Use of Samples.--The Secretary concerned 
     shall furnish each DNA sample collected under subsection (a) 
     to the Secretary of Defense. The Secretary of Defense shall--
       (1) carry out a DNA analysis on each such DNA sample in a 
     manner that complies with the requirements for inclusion of 
     that analysis in CODIS; and
       (2) furnish the results of each such analysis to the 
     Director of the Federal Bureau of Investigation for inclusion 
     in CODIS.
       ``(c) Definitions.--In this section:
       ``(1) The term `DNA sample' means a tissue, fluid, or other 
     bodily sample of an individual on which a DNA analysis can be 
     carried out.
       ``(2) The term `DNA analysis' means analysis of the 
     deoxyribonucleic acid (DNA) identification information in a 
     bodily sample.
       ``(d) Qualifying Military Offenses.--(1) Subject to 
     paragraph (2), the Secretary of Defense, in consultation with 
     the Attorney General, shall determine those felony or sexual 
     offenses under the Uniform Code of Military Justice that 
     shall be treated for purposes of this section as qualifying 
     military offenses.
       ``(2) An offense under the Uniform Code of Military Justice 
     that is comparable to a qualifying Federal offense (as 
     determined under section 3(d) of the DNA Analysis Backlog 
     Elimination Act of 2000), as determined by the Secretary in 
     consultation with the Attorney General, shall be treated for 
     purposes of this section as a qualifying military offense.
       ``(e) Expungement.--(1) The Secretary of Defense shall 
     promptly expunge, from the index described in subsection (a) 
     of section 210304 of the Violent Crime Control and Law 
     Enforcement Act of 1994, the DNA analysis of a person 
     included in the index on the basis of a qualifying military 
     offense if the Secretary receives, for each conviction of the 
     person of a qualifying offense, a certified copy of a final 
     court order establishing that such conviction has been 
     overturned.
       ``(2) For purposes of paragraph (1), the term `qualifying 
     offense' means any of the following offenses:
       ``(A) A qualifying Federal offense, as determined under 
     section 3 of the DNA Analysis Backlog Elimination Act of 
     2000.
       ``(B) A qualifying District of Columbia offense, as 
     determined under section 4 of the DNA Analysis Backlog 
     Elimination Act of 2000.
       ``(C) A qualifying military offense.
       ``(3) For purposes of paragraph (1), a court order is not 
     `final' if time remains for an appeal or application for 
     discretionary review with respect to the order.
       ``(f) Regulations.--This section shall be carried out under 
     regulations prescribed by the Secretary of Defense, in 
     consultation with the Secretary of Transportation and the 
     Attorney General. Those regulations shall apply, to the 
     extent practicable, uniformly throughout the armed forces.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

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

     SEC. 6. EXPANSION OF DNA IDENTIFICATION INDEX.

       (a) Use of Certain Funds.--Section 811(a)(2) of the 
     Antiterrorism and Effective Death Penalty Act of 1996 (28 
     U.S.C. 531 note) is amended to read as follows:

[[Page H8575]]

       ``(2) the Director of the Federal Bureau of Investigation 
     shall expand the combined DNA Identification System (CODIS) 
     to include analyses of DNA samples collected from--
       ``(A) individuals convicted of a qualifying Federal 
     offense, as determined under section 3(d) of the DNA Analysis 
     Backlog Elimination Act of 2000;
       ``(B) individuals convicted of a qualifying District of 
     Columbia offense, as determined under section 4(d) of the DNA 
     Analysis Backlog Elimination Act of 2000; and
       ``(C) members of the Armed Forces convicted of a qualifying 
     military offense, as determined under section 1565(d) of 
     title 10, United States Code.''.
       (b) Index To Facilitate Law Enforcement Exchange of DNA 
     Identification Information.--Section 210304 of the Violent 
     Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
     14132) is amended--
       (1) in subsection (b)(1), by inserting after ``criminal 
     justice agency'' the following: ``(or the Secretary of 
     Defense in accordance with section 1565 of title 10, United 
     States Code)'';
       (2) in subsection (b)(2), by striking ``, at regular 
     intervals of not to exceed 180 days,'' and inserting 
     ``semiannual'';
       (3) in subsection (b)(3), by inserting after ``criminal 
     justice agencies'' in the matter preceding subparagraph (A) 
     the following: ``(or the Secretary of Defense in accordance 
     with section 1565 of title 10, United States Code)''; and
       (4) by adding at the end the following new subsection:
       ``(d) Expungement of Records.--
       ``(1) By director.--(A) The Director of the Federal Bureau 
     of Investigation shall promptly expunge from the index 
     described in subsection (a) the DNA analysis of a person 
     included in the index on the basis of a qualifying Federal 
     offense or a qualifying District of Columbia offense (as 
     determined under section 3 and 4 of the DNA Analysis Backlog 
     Elimination Act of 2000, respectively) if the Director 
     receives, for each conviction of the person of a qualifying 
     offense, a certified copy of a final court order establishing 
     that such conviction has been overturned.
       ``(B) For purposes of subparagraph (A), the term 
     `qualifying offense' means any of the following offenses:
       ``(i) A qualifying Federal offense, as determined under 
     section 3 of the DNA Analysis Backlog Elimination Act of 
     2000.
       ``(ii) A qualifying District of Columbia offense, as 
     determined under section 4 of the DNA Analysis Backlog 
     Elimination Act of 2000.
       ``(iii) A qualifying military offense, as determined under 
     section 1565 of title 10, United States Code.
       ``(C) For purposes of subparagraph (A), a court order is 
     not `final' if time remains for an appeal or application for 
     discretionary review with respect to the order.
       ``(2) By states.--(A) As a condition of access to the index 
     described in subsection (a), a State shall promptly expunge 
     from that index the DNA analysis of a person included in the 
     index by that State if the responsible agency or official of 
     that State receives, for each conviction of the person of an 
     offense on the basis of which that analysis was or could have 
     been included in the index, a certified copy of a final court 
     order establishing that such conviction has been overturned.
       ``(B) For purposes of subparagraph (A), a court order is 
     not `final' if time remains for an appeal or application for 
     discretionary review with respect to the order.''.

     SEC. 7. CONDITIONS OF RELEASE.

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

     SEC. 8. TECHNICAL AND CONFORMING AMENDMENTS.

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

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 10. PRIVACY PROTECTION STANDARDS.

       (a) In General.--Except as provided in subsection (b), any 
     sample collected under, or any result of any analysis carried 
     out under, section 2, 3, or 4 may be used only for a purpose 
     specified in such section.
       (b) Permissive Uses.--A sample or result described in 
     subsection (a) may be disclosed under the circumstances under 
     which disclosure of information included in the Combined DNA 
     Index System is allowed, as specified in subparagraphs (A) 
     through (D) of section 210304(b)(3) of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 
     14132(b)(3)).
       (c) Criminal Penalty.--A person who knowingly--
       (1) discloses a sample or result described in subsection 
     (a) in any manner to any person not authorized to receive it; 
     or
       (2) obtains, without authorization, a sample or result 
     described in subsection (a),
     shall be fined not more than $100,000.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. Canady) and the gentleman from Virginia (Mr. Scott) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Florida (Mr. Canady).


                             General Leave

  Mr. CANADY of Florida. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and to include extraneous material on H.R. 4640.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. CANADY of Florida. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 4640, the DNA Analysis Backlog Elimination Act, was 
introduced by the gentleman from Florida (Mr. McCollum) together with 
the gentleman from Virginia (Mr. Scott) the ranking minority member, 
the gentleman from Ohio (Mr. Chabot), the gentleman from New York (Mr. 
Weiner), and the gentleman from New York (Mr. Gilman) to address an 
important problem, the massive backlog of biological samples awaiting 
DNA analysis in the States.
  According to the Justice Department's Bureau of Justice Statistics, 
approximately 69 percent of publicly operated forensic crime labs 
across the country have a backlog of unprocessed samples awaiting DNA 
analysis. While we do not have solid numbers for the total of crime 
scene and victim samples awaiting analysis, some estimates run into the 
tens of thousands.
  We do know that the backlog of unprocessed samples taken from 
convicted offenders is nearing 300,000. Even the FBI's own crime lab in 
Washington has a backlog of samples awaiting DNA analysis.
  Our bill addresses this problem by authorizing funding to eliminate 
the backlog. States seeking funding under the program created by the 
bill will be required to make application for this funding through the 
Justice Department's Office of Justice Programs. States seeking these 
funds will be required to develop and submit to that office a 
comprehensive plan to eliminate any backlog of samples awaiting DNA 
analysis.
  Many of the samples analyzed will be loaded into the FBI's Combined 
DNA Index System, known as ``CODIS,'' a national compute database 
authorized by Congress in 1994. The purpose of this database is to 
match DNA samples from crime scenes where there are no suspects with 
the DNA of convicted offenders.

[[Page H8576]]

  Clearly, the more samples we have in the system, the greater the 
likelihood we will come up with matches and solve cases.
  One glaring omission in the law that authorized CODIS is that it did 
not authorize the taking of DNA samples from persons convicted of 
Federal offenses, District of Columbia offences, and offenses under the 
Uniform Code of Military Justice. H.R. 4640 will correct that omission. 
The offenses triggering the sample requirement for Federal and military 
offenders are specified in the bill and consistent of a number of 
felony crimes, most involving violence or sex offenses.
  The bill leaves it to the District of Columbia government to 
determine those offenses that will trigger the sample requirement under 
District of Columbia law. Also, as amended, the bill requires that 
samples of offenders whose convictions are overturned be removed from 
the CODIS database. This will be the requirement regardless of whether 
the offender was convicted of a Federal or State crime.
  H.R. 4640 is similar to three bills introduced by the gentleman from 
Rhode Island (Mr. Kennedy), the gentleman from New York (Mr. Weiner) 
and the gentleman from New York (Mr. Gilman), all three of which were 
the subject of a hearing before the Subcommittee on Crime on March 23, 
2000. The bill before us today builds on the foundation laid by those 
bills, and I am pleased that the sponsors of those bills are original 
cosponsors of H.R. 4640.
  As this bill has moved through the committee, it has been approved by 
amendments on both sides. The result is a very good bill, and I am 
pleased that this bill is the product of that bipartisan cooperation.
  I am also pleased to inform my colleagues that H.R. 4640 is supported 
by the administration, the Federal Law Enforcement Officers 
Association, and the Fraternal Order of Police.
  I want to particularly acknowledge the leadership of the gentleman 
from Florida (Mr. McCollum) the chairman of the Subcommittee on Crime, 
on this important legislation. He has really made it possible for us to 
bring this legislation forward here today.
  I also want to particularly thank the gentleman from Virginia (Mr. 
Scott) the ranking member of the Subcommittee on Crime, for all of his 
help in crafting the legislation and for being an original cosponsor of 
the bill which is before the House now.
  I urge all of my colleagues to support this important legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SCOTT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of the DNA Analysis Backlog 
Elimination Act of 2000. This bill represents a compilation of the fine 
effort by several of our colleagues to address the DNA analysis backlog 
that has accumulated at laboratories all over the country.
  Earlier we conducted in the Subcommittee on Crime hearings on three 
DNA backlog elimination bills introduced by the gentleman from New York 
(Mr. Gilman), the gentleman from Michigan (Mr. Stupak), the gentleman 
from Rhode Island (Mr. Kennedy) and members of the Committee on the 
Judiciary, the gentleman from New York (Mr. Weiner) and the gentleman 
from Ohio (Mr. Chabot).
  Elimination of the DNA analysis backlog would be a significant step 
forward in having our criminal justice system more accurately dispense 
justice. Not only will it greatly enhance the efficiency and 
effectiveness of our criminal justice systems throughout the country, 
but it would also save lives by allowing apprehension and detention of 
dangerous individuals while eliminating the prospects that innocent 
individuals would be wrongly held for crimes that they did not commit.
  At the same time, I think it is important to recognize that with this 
expansion comes the increased likelihood that DNA samples and analyses 
may be misused. We must be ever mindful of our responsibility to 
protect the privacy of this DNA information, ensuring that it be used 
only for law enforcement purposes.
  To that end, I was pleased that the Committee on the Judiciary agreed 
to an amendment that would impose criminal penalties for anyone who 
uses DNA samples or analyses for purposes not designated by the law 
enforcement officials.
  I am also grateful that the majority provided for the expungement of 
DNA information on individuals whose convictions have been overturned 
on appeal.
  In addition to the criminal penalties for misuse of DNA, I believe 
that we should encourage each State to develop a specific security 
protocol to prevent misuse of such samples, since the DNA does include 
sensitive personal information. This approach will be the only way to 
ensure that DNA analysis will not be used for unlawful purposes.
  This legislation is a positive step for law enforcement, but I am 
disappointed that it does not include any requirement on States to 
provide access to DNA testing to convicted persons who did not have the 
opportunity for DNA testing at the time of their trial. I am hoping 
that the next Congress will consider additional legislation which would 
ensure that funds provided for H.R. 4640 might be made available to 
provide persons who want to prove that they were wrongfully convicted.
  Nevertheless, Mr. Speaker, I am very aware of the benefits of this 
legislation. In fact, through his outstanding work in Virginia, Dr. 
Paul B. Ferrara, Virginia's Director of the Division of Forensic 
Sciences, has led efforts in this country on the use of DNA for 
criminal justice purposes. That is why I am pleased to be a cosponsor 
of this legislation and urge my colleagues to support the bill.
  Mr. STUPAK. Mr. Speaker, I am pleased that the U.S. House is today 
taking up the DNA Analysis Backlog Elimination Act of 2000 bill. I 
originally introduced a bill addressing the DNA backlog problem with my 
colleagues Mr. Gilman and Mr. Ramstad in November 1999. I am so pleased 
to support this bill on suspension today, as this body acts to bring 
desperately needed help to our law enforcement during these waning days 
of the 106th Congress.
  This help does not come a moment too soon.
  I would like to thank Mr. McCollum, Mr. Scott, Mr. Chabot, Mr. Weiner 
and Mr. Kennedy and all the other Judiciary Committee members who 
devoted their time and energy to move this important issue to the 
forefront. This bill would not be on the floor today without the hard 
work of these members, who held hearings and worked to craft this joint 
legislation.
  This bill helps states and the FBI take a giant step in the fight 
against crime by eliminating the national backlog of DNA records. 
Federal, state and local law enforcement will be more connected, and 
better able to work together to solve crimes. It also closes 
significant loopholes that currently exist whereby the DNA samples of 
federal, military and District of Columbia serious offenders are not 
being collected. Lastly, it contains important privacy and expungement 
provisions, so that the rights of individual are protected as well.
  Right now, state and local police departments cannot deal with the 
number of DNA samples from convicted offenders and unsolved crimes. 
These states simply do not have enough time, money, or resources to 
test and record these samples.
  According to the Detroit Free Press, as of May 2000, Michigan has 
collected 15,000 blood samples from sex offenders since 1991, but state 
police have so far only run DNA analysis on 500 of them! This is truly 
frightening.
  Unanalyzed and unrecorded DNA samples are useless to law enforcement 
and to criminal investigations. Let me illustrate why we need these 
samples tested and recorded, why we need this bill.
  John Doe is a convicted offender serving time for a sexual assault. 
By law, his DNA has been collected, but because of the backlog, it has 
not been tested and is not in the law enforcement database. John Doe 
gets out of jail, he commits another sexual assault, and gets away, 
unidentified by the victim.
  Even if the police collect his DNA from the subsequent crime scene, 
he will not be caught, and his DNA will not be matched up, because his 
previous DNA sample is sitting on a shelf, still waiting to be tested. 
In Michigan, his sample would be sitting with the almost 15,000 other 
samples--untested and therefore useless.
  John Doe will stay on the streets, and he will commit more crimes.
  This bill does not come a moment too soon, every day that goes by, a 
real John Doe is out there, committing more rapes, robberies, murders, 
when he could have been stopped.
  This bill also ensures that the DNA samples of federal, District of 
Columbia, and military offenders are analyzed. The broader the database 
police have to work with, the better their ability to solve unsolved 
crimes and prevent future ones.

[[Page H8577]]

  Because of this bill, you will see the number of unsolved cases go 
down, and you might see some people freed from jail, exonerated by the 
new DNA records available. It opens a door to better all around law 
enforcement and criminal investigation.
  We are answering the call for help by police, communities, and 
victims, and it will save lives. This bill finally strikes back at 
criminals that until now have been able to strike and strike again and 
again at our society without being caught.
  Mr. KENNEDY of Rhode Island. Mr. Speaker, I want to thank, Mr. 
McCollum, Mr. Scott, and the other Members of the Judiciary Committee 
for their hard work on this important crime issue.
  In September of last year, I introduced, along with Congressman 
Chabot and Congressman Visclosky, The Violent Offender DNA 
Identification Act of 1999, H.R. 2810.
  This bipartisan measure is the predecessor bill to H.R. 4640, which I 
also was proud to cosponsor.
  These bills will put more criminals behind bars by correcting 
practical and legal obstacles that leave crucial DNA evidence unused 
and too many violent crimes unsolved.
  Every week we hear stories about DNA evidence. Whether it is a 
prisoner on death row for a crime he didn't commit who is released by 
DNA evidence or a criminal suspect finally brought to justice using DNA 
evidence, DNA is making headlines.
  Currently, all 50 states require DNA samples to be obtained from 
certain convicted offenders, and these samples can be shared through a 
national data base known as CODIS.
  The data base is installed in over ninety laboratories and nearly 
five hundred thousand samples are classified and stored in it.
  To date, the FBI has recorded hundreds of matches through DNA data 
bases, helping solve numerous crimes. As valuable as this system is, it 
is not being utilized effectively. The problems with the current system 
include backlog and jurisdiction.
  The FBI estimates that there are several hundred thousand DNA samples 
that have been collected, but still need to be analyzed.
  In my State of Rhode Island, the DNA collection began only a year and 
one half ago, but already there is a backlog of a hundred samples.
  Today's bipartisan bill, which was crafted with input from 
organizations including the FBI and the ACLU, would address this 
backlog problem and ensure that more crimes will be solved through the 
matching of DNA evidence.
  The bill does two critical things. First, it provides one hundred and 
seventy million dollars in grants to eliminate the backlog to states to 
increase their capability to perform DNA analysis. Second, the bill 
allows Federal, Military and District of Columbia law enforcement 
agencies to collect DNA evidence.
  Under current law, Federal Courts and the local courts of the 
District of Columbia do not have this ability.
  The Federal Courts and the District of Columbia have indicated their 
support for the ability to conduct testing as states do.
  From my home State of Rhode Island, I have heard from lab experts and 
local law enforcement leaders on the need for this legislation.
  It is clear that law enforcement supports legislation in this area. 
And it is our job in Congress to balance this law enforcement need with 
the privacy needs of our citizens.
  Recently, Congress has been very active on the DNA backlog issue.
  I strongly feel that H.R. 4640, however, is the most effective piece 
of legislation on this topic because it has several provisions to 
guarantee civil liberties, excludes juveniles from this database and 
provides for the automatic right to expungement of a sample if a 
conviction is overturned.
  The main sponsors of H.R. 4640, particularly the Ranking Member of 
the Crime Subcommittee, Mr. Scott, worked extensively with the ACLU to 
address many of their concerns, while taking our underlying model for 
the bill from the FBIs recommendations.
  I feel strongly, that there are several areas of H.R. 4640 that could 
have been improved upon--including the clear prohibition on the use of 
funds for arrestee testing, and more specific requirements on States to 
provide DNA testing to convicted persons who did not have access at the 
time of their trial.
  But, overall this bill has been crafted with the careful and 
attentive work of both sides of the aisle, in the hopes that it may be 
further improved during a conference with the other body.
  In a bipartisan fashion, we attended to many civil liberty concerns 
and, therefore, narrowed the types of crimes covered, mandated stricter 
protocols for the use of DNA, and excluded juvenile offenders.
  In this process, we came up with a bill that all members of the House 
can support.
  Violent criminals should not be able to evade arrest simply because a 
state didn't analyze its DNA samples or because an inexcusable loophole 
leaves Federal and D.C. offenders out of the DNA data base.
  We have the technology to revolutionize law enforcement and forensic 
science and the key to unlock the door of unsolved crimes--we must use 
this capacity and make these goals a reality.
  Lastly, I want to recognize the hard work of several staffers who 
were integral in bringing this bill to the floor, most notably. Mr. 
Bobby Vassar, Minority Counsel for the Judiciary Committee, Mr. Glenn 
Schmitt with the Majority staff, and Ms. Elizabeth Treanor, Counsel for 
Mr. Chabot.
  I urge all of my colleagues to support the ``DNA Analysis Backlog 
Elimination Act.''
  Mr. GILMAN. Mr. Speaker, I would like to express my gratitude to 
Chairman McCollum for his dedication and diligence in bringing H.R. 
4640, the DNA Analysis Backlog Elimination Act, to the floor today, and 
am pleased that this legislation reflects many of the provisions 
outlined in my measure, H.R. 3375, the Convicted Offender DNA Index 
System Support Act. I've had the pleasure of working closely with him, 
Ranking Member Scott, and Representatives Ramstad, Stupak, Kennedy, 
Weiner, and Chabot, in developing this legislation, which will meet the 
needs of prosecutors, law enforcement, and victims throughout our 
Nation.
  Mr. Speaker, in 1994, the Congress passed the DNA Identification Act, 
which authorized the construction of the Combined DNA Index System, or 
CODIS, to assist our Federal, State and local law enforcement agencies 
in fighting violent crime throughout the Nation. CODIS is a master 
database for all law enforcement agencies to submit and retrieve DNA 
samples of convicted violent offenders. Since beginning its operation 
in 1998, the system has worked extremely well in assisting law 
enforcement by matching DNA evidence with possible suspects and has 
accounted for the capture of over 200 suspects in unsolved violent 
crimes.
  However, because of the high volume of convicted offender samples 
needed to be analyzed, a nationwide backlog of approximately 600,000 
unanalyzed convicted offender DNA samples has formed. Furthermore, 
because the program has been so vital in assisting crime fighting and 
prevention efforts, our States are expanding their collection efforts. 
Recently, New York State Governor George Pataki enacted legislation to 
expand N.Y. State's collection of DNA samples to require all violent 
felons and a number of non-violent felony offenders, and, earlier this 
year, the use of the expanded system resulted in charges being filed in 
a 20-year-old Westchester County murder.
  State forensic laboratories have also accumulated a backlog of 
evidence for cases for which there are no suspects. These are evidence 
``kits'' for unsolved violent crimes which are stored away because our 
State forensic laboratories do not have the support necessary to 
analyze them and compare the evidence to our nationwide data bank. 
Presently, there are approximately 12,000 rape cases in New York City 
alone, and, it is estimated, approximately 180,000 rape cases 
nationwide, which are unsolved and unanalyzed. This number represents a 
dismal future for the success for CODIS and reflects the growing 
problem facing our law enforcement community. The DNA Analysis Backlog 
Elimination Act will provide States with the support necessary to 
combat these growing backlogs. The successful elimination of both the 
convicted violent offender backlog and the unsolved casework backlog 
will play a major role in the future of out State's crime prevention 
and law enforcement efforts.
  The DNA Analysis Backlog Elimination Act will also provide funding to 
the Federal Bureau of Investigation to eliminate their unsolved 
casework backlog and close a loophole created by the original 
legislation. Although all 50 states require DNA collection from 
designated convicted offenders, for some inexplicable reason, convicted 
Federal, District of Columbia and Military offenders are exempt. H.R. 
4640 closes that loophole by requiring the collection of samples from 
any Federal, Military, or D.C. offender convicted of a violent crime.
  Mr. Speaker, as you are aware, our Nation's fight against crime is 
never over. Every day, the use of DNA evidence is becoming a more 
important tool to our nation's law enforcement in solving crimes, 
convicting the guilty and exonerating the innocent. The Justice 
Department estimates that erasing the convicted offender backlog 
nationwide could resolve at least 600 cases. The true amount of 
unsolved cases, both State and Federal, which may be concluded through 
the elimination of the both backlogs is unknown. However, if one more 
case is solved and one more violent offender is detained because of our 
efforts, we have succeeded.
  In conclusion, we must ensure that our nation's law enforcement has 
the equipment and support necessary to fight violent crime and protect 
our communities. The DNA Analysis Backlog Elimination Act will assist 
our local,

[[Page H8578]]

State and Federal law enforcement personnel by ensuring that crucial 
resources are provided to our DNA data-banks and crime laboratories.
  Mr. THOMPSON of California. Mr. Speaker, I rise in strong support of 
H.R. 4640, which would assist the states in reducing the backlog of DNA 
samples that have been collected from convicted offenders and crime 
scenes.
  Recent reports indicate that in my own home state of California there 
are more than 100,000 unprocessed DNA samples. Even using the state's 
most optimistic projections, it will take two years to clear that 
backlog.
  Many states are similarly situated. Mired with both funding and 
collection problems, the U.S. solves far fewer crimes with DNA. But, 
the potential for improvement is great. While the U.S. may never match 
Great Britain, which has a long-established DNA database and is 
reported to crack 300 to 500 cases a week, reducing the backlog of DNA 
samples will provide both law enforcement with an increasingly 
important investigative and prosecutorial tool.
  H.R. 4640 addresses the backlog by providing a series of grants to 
assist the states in processing DNA samples collected from violent 
offenders and samples collected from crime scenes and victims of crime. 
Specifically, the bill authorizes $15 million a year in grants for the 
next three years to process convicted offender DNA samples. In 
addition, it provides $25 million to reduce the backlog of crime scene 
samples, an intrinsically more expensive processing, by both expanding 
state laboratory facilities and allowing states to contract with 
private labs.
  As important, the bill closes a loophole that has existed with 
respect to individuals convicted of violent federal crimes and held in 
federal facilities. Currently, there is no requirement that DNA samples 
be taken from persons convicted of certain federal crimes. H.R. 4640 
fixes this oversight. Of particular interest to me is the bill's 
requirement that DNA be collected from individuals convicted of violent 
and sexual offenses under the Uniform Code of Military Justice (UCMJ).
  I authored a similar provision in the House-passed FY01 National 
Defense Authorization Act (H.R. 4205). That language required the 
Department of Defense to collect, process and analyze DNA 
identification information from violent and sexual offenders and to 
provide that information to the Combined DNA Index System (CODIS), 
national registry of DNA samples. Currently, the Department is not 
required to collect DNA samples from individuals convicted of 
qualifying UCMJ offenses.
  There is clearly a need to close this loophole. In calendar year 
1999, the total number of prisoners under confinement within the 
Department of Defense correctional facilities for terms other than life 
or a sentence of death was 963. Of those, 51.5% were confined because 
of violent and sexual offenses, the kind of offenses for which both 
H.R. 4640 and H.R. 4205 would require the DoD to collect DNA samples. 
Under both bills, the DoD would collect, process and analyze DNA 
samples and provide them to the CODIS database.

  Several statistics about the characteristics of the civilian prison 
population underscore the importance of closing this loophole.
  While the number of veterans in the prison facilities nationwide 
declined as a percentage of the total prison population between 1985 
and 1998, the absolute number rose 46%, from 154,600 to 225,700. 
According to the most recent data available (1997), a majority (55%) of 
veterans was sentenced for a violent offense (compared to 46% for non-
veterans). And, veterans were twice as likely as non-veterans to be 
sentenced for a sexual assault, including rape (18% versus 7%).
  The data do not answer precisely the question of how many veterans 
have a prior conviction as a member of the Armed Forces before a 
subsequent contact with the federal, state or local criminal justice 
system. However, the data show that 13.8% of the veterans in local 
jails, 17.4% of veterans in state prison, and 14.9% of veterans in 
federal prison were not honorably discharged. Many of these veterans 
had more serious criminal histories than those incarcerated veterans 
who had been honorably discharged. In fact, 43% of veterans not 
honorably discharged had at least three prior sentences, compared to 
36% of those honorably discharged.
  These data support the argument for imposing on the Department of 
Defense the requirement to collect DNA samples from service members 
convicted of a qualifying violent or sexual offense. By requiring the 
collection of DNA, it is likely that service members convicted of a 
qualifying UCMJ offense may be more readily identified, and quite 
possibly cleared, should they be suspected of perpetrating a violent 
crime as a civilian.
  I strongly support H.R. 4640. It makes major strides in assisting the 
states in reducing the DNA backlog and in closing a loophole by which 
DNA samples from certain federal prisoners was not collected nor added 
to the national DNA database.
  I urge passage of the bill.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I want to extend my gratitude 
to my colleagues who are interested in providing the fairest possible 
procedures in the application of the death penalty, the most serious 
punishment in the criminal justice system.
  Much progress has been made since the recent mark-up session 
regarding this bill. In general, H.R. 4640 provides for the collection 
and use of DNA identification information from individuals convicted of 
a qualifying violent or sexual offense under the Federal code, UCMJ, or 
District of Columbia Code.
  DNA (deoxyribonucleic acid), a high tech genetic fingerprint, was 
first introduced into evidence in a United States court in 1986. After 
surviving many court challenges, DNA evidence is now admitted in all 
United States jurisdictions. In fact, it has become the predominant 
forensic technique for identifying criminals when biological issues are 
left at a crime scene.
  In the Violent Crime Control and Law Act of 1994 (1994 Crime Bill), 
Congress authorized the FBI to create a national index of DNA samples 
taken from convicted offenders, crime scenes and victims, and 
unidentified human remains. This was a crucial step forward because DNA 
has played such a significant role in our criminal justice system.
  In response, the FBI established the Combined DNA index System 
(CODIS). CODIS allows State and local forensic laboratories to exchange 
and compare DNA profiles electronically in an attempt to link evidence 
from crime scenes for which there are no suspects to DNA samples on 
file in the system. Today, CODIS is well established across the nation.
  All fifty states have enacted statutes requiring certain convicted 
offenders to provide DNA samples for analysis and entry into the CODIS 
system. Nevertheless, it is important to point out that samples from 
persons convicted of federal crimes, crimes under the District of 
Columbia code, or offenses under the Uniform Code of Military Justice 
(UCMJ), are not presently being taken because there is no statutory 
authority to do so.
  In addition, the Department of Justice's Bureau of Statistics (BJA) 
reports that as of December 1997, approximately 60 percent of the 
publicly operated forensic crime labs across the country reported a DNA 
backlog totaling 6,800 unprocessed DNA case samples and an additional 
287,000 unprocessed convicted offender samples. While I am encouraged 
that forensic labs have responded by hiring additional staff and 
increasing overtime, Congress has merely appropriated $30 million 
toward solving the problem. Like some of my colleagues, I am concerned 
that the backlog continues to grow without adequate resources.
  To qualify for funding under this legislation, a state must develop a 
plan to eliminate any backlog of samples and federal funding under the 
program may be awarded for up to 75 percent of the cost of the states 
plan. This is an important step forward in the use of DNA evidence in 
our federal courts.
  I also believe that this legislation would ensure the collection and 
use of DNA identification information in CODIS from persons convicted 
of a qualifying violent or sexual offense under the federal code, UCMJ, 
or District of Columbia Code. Indeed, technical revisions have been 
made to the preliminary legislation that only strengthen the bill's 
application several offenses.
  It is crucial for defendants to have access to the CODIS system in 
circumstances that possibly establish innocence. This is particularly 
important, for instance, in the growing number of capital cases where 
DNA identification information make a crucial difference.
  Reducing the backlog regarding DNA identification information in 
federal courts is very important for our criminal justice system. To 
the extent that this legislation helps to eliminate the backlog through 
these grants, we can work towards establishing a more reliable justice 
system.
  Mrs. SCOTT. Mr. Speaker, I yield back the balance of my time.
  Mr. CANADY of Florida. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Florida (Mr. Canady) that the House suspend the rules 
and pass the bill, H.R. 4640, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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