[House Report 114-893]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-893
======================================================================
RAPID DNA ACT OF 2016
_______
December 23, 2016.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Goodlatte, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 320]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 320) to establish a system for integration of Rapid
DNA instruments for use by law enforcement to reduce violent
crime and reduce the current DNA analysis backlog, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
CONTENTS
Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Duplication of Federal Programs.................................. 5
Disclosure of Directed Rule Makings.............................. 5
Performance Goals and Objectives................................. 5
Advisory on Earmarks............................................. 5
Section-by-Section Analysis...................................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rapid DNA Act of 2016''.
SEC. 2. RAPID DNA INSTRUMENTS.
(a) Standards.--Section 210303(a) of the DNA Identification Act of
1994 (42 U.S.C. 14131(a)) is amended by adding at the end the
following:
``(5)(A) In addition to issuing standards as provided in
paragraphs (1) through (4), the Director of the Federal Bureau
of Investigation shall issue standards and procedures for the
use of Rapid DNA instruments and resulting DNA analyses.
``(B) In this Act, the term `Rapid DNA instruments' means
instrumentation that carries out a fully automated process to
derive a DNA analysis from a DNA sample.''.
(b) Index.--Paragraph (2) of section 210304(b) of the DNA
Identification Act of 1994 (42 U.S.C. 14132(b)(2)) is amended to read
as follows:
``(2) prepared by--
``(A) laboratories that--
``(i) have been accredited by a nonprofit
professional association of persons actively
involved in forensic science that is nationally
recognized within the forensic science
community; and
``(ii) undergo external audits, not less than
once every 2 years, that demonstrate compliance
with standards established by the Director of
the Federal Bureau of Investigation; or
``(B) criminal justice agencies using Rapid DNA
instruments approved by the Director of the Federal
Bureau of Investigation in compliance with the
standards and procedures issued by the Director under
section 210303(a)(5); and''.
SEC. 3. CONFORMING AMENDMENTS RELATING TO COLLECTION OF DNA
IDENTIFICATION INFORMATION.
(a) From Certain Federal Offenders.--Section 3 of the DNA Analysis
Backlog Elimination Act of 2000 (42 U.S.C. 14135a) is amended--
(1) in subsection (b), by adding at the end the following:
``The Director of the Federal Bureau of Investigation may waive
the requirements under this subsection if DNA samples are
analyzed by means of Rapid DNA instruments and the results are
included in CODIS.''; and
(2) in subsection (c), by adding at the end the following:
``(3) The term `Rapid DNA instruments' means instrumentation
that carries out a fully automated process to derive a DNA
analysis from a DNA sample.''.
(b) From Certain District of Columbia Offenders.--Section 4 of the
DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135b) is
amended--
(1) in subsection (b), by adding at the end the following:
``The Director of the Federal Bureau of Investigation may waive
the requirements under this subsection if DNA samples are
analyzed by means of Rapid DNA instruments and the results are
included in CODIS.''; and
(2) in subsection (c), by adding at the end the following:
``(3) The term `Rapid DNA instruments' means instrumentation
that carries out a fully automated process to derive a DNA
analysis from a DNA sample.''.
Purpose and Summary
H.R. 320 will establish a system for integration of Rapid
DNA instruments for use by law enforcement to reduce violent
crime and reduce the current DNA analysis backlog.
Background and Need for the Legislation
The DNA Identification Act of 1994 established Federal DNA
labs and authorized the FBI to begin compiling DNA information
into a central database. This database is known as the National
DNA Index System (NDIS) and the system for analyzing and
communicating the data is known as the Combined DNA Index
System (CODIS). The 1994 bill allowed DNA testing to be done by
accredited state labs with results from state labs being
uploaded to CODIS.
DNA technology has advanced a great deal in the intervening
years since the 1994 bill. What once took days or weeks to
ascertain, DNA testing can now be completed in a matter of
hours. There is current technology that allows for DNA testing
and identification on a small, copier-sized machine in a number
of hours. This is known as Rapid DNA technology. A DNA sample
is taken--often times a cheek swab--placed into a cartridge
that slides into the Rapid DNA machine, and reports back the
DNA profile in approximately ninety minutes. The FBI, working
with the forensics community, is hopeful that this technology
can be used in a booking station, to help identify suspects in
the same way a finger print is currently used. To be clear,
Rapid DNA technology can only be used for identification
purposes at this time, not crime scene analysis.
Unfortunately, the 1994 act creating CODIS does not allow
for the use of this technology since only state labs are
allowed access to CODIS. Currently, booking stations have to
send their DNA samples off to state labs and wait weeks for the
results. This has created a backlog that impacts all crime
investigations using forensics, not just forensics used for
identification purposes. The short turnaround time of Rapid DNA
would help to quickly eliminate potential suspects, help to
capture those who have committed a previous crime and left DNA
evidence, as well as free up current DNA profilers to do the
advanced forensic DNA analysis such as crime scene analysis and
rape-kits. The Rapid DNA Act would modify the current law
regarding DNA testing and access to CODIS, which restricts it
to only state labs.
This bill would allow local police to submit DNA records
that are generated by Rapid DNA systems outside an accredited
laboratory to be uploaded to NDIS. Within one to 2 years
following passage of this legislation, the FBI intends to
develop and implement the necessary interfaces for booking
stations to access CODIS. This will allow law enforcement
agencies to determine if submitted DNA samples are a positive
match or not within a matter of hours rather than the days or
weeks that it currently takes.
Hearings
The Judiciary Committee's Subcommittee on Crime, Terrorism,
Homeland Security and Investigations held 1 day of hearings on
H.R. 320 on June 18, 2015. Testimony was received from:
1. LMs. Amy Hess, Executive Assistant Director of
Science and Technology, Federal Bureau of
Investigation.
2. LMs. Jody Wolf, Assistant Crime Laboratory
Administrator, Phoenix Police Department Crime
Laboratory, President, American Society of Criminal
Laboratory Directors
3. LMs. Natasha Alexenko, Founder, Natasha's Justice
Project
Committee Consideration
On July 7, 2016, the Committee met in open session and
ordered the bill H.R. 320 favorably reported, with an
amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 320.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 320, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 29, 2016.
Hon. Bob Goodlatte, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 320, the ``Rapid
DNA Act of 2016.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Keith Hall,
Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 320--Rapid DNA Act of 2016.
As ordered reported by the House Committee on the Judiciary
on July 7, 2016.
H.R. 320 would direct the Federal Bureau of Investigation
(FBI) to issue standards and procedures for the use of certain
automated processes to analyze DNA samples. The agency is
currently undertaking activities to prepare for increased use
of such enhanced analyses. Based on information from the FBI,
CBO estimates that enacting the bill would cost less than
$500,000 annually; such spending would be subject to the
availability of appropriated funds.
Enacting the legislation would not affect direct spending
or revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 320 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 320 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
On June 14, 2016, CBO transmitted a cost estimate for S.
2348, the Rapid DNA Act of 2016, as ordered reported by the
Senate Committee on the Judiciary on May 12, 2016. That
legislation is similar to H.R. 320 and CBO's estimates of the
budgetary effects are the same.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Duplication of Federal Programs
No provision of H.R. 320 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 320 specifically directs
to be completed no specific rule makings within the meaning of
5 U.S.C. Sec. 551.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
320, is designed to establish a system for integration of Rapid
DNA instruments for use by law enforcement to reduce violent
crime and reduce the current DNA analysis backlog.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 320 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
Section 1. Short Title. This section cites the short title
of the bill as the ``Rapid DNA Act of 2016.''
Section 2. Rapid DNA Instruments. This section requires the
Director of the FBI to issue standards and procedures for the
use of Rapid DNA instruments and resulting analyses. It also
amends the DNA Identification Act of 1994 to include
laboratories that are independently accredited and undergo
external audits not less than every 2 years.
Section 3. Conforming Amendments Relating to Collection of
DNA Identification Information. This section amends the DNA
Analysis Backlog Elimination Act of 2000 by allowing the
Director of the FBI to waive certain requirements under the Act
if the DNA samples are analyzed by means of Rapid DNA
instruments and the results are included in CODIS.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
DNA IDENTIFICATION ACT OF 1994
* * * * * * *
TITLE XXI--STATE AND LOCAL LAW ENFORCEMENT
* * * * * * *
Subtitle C--DNA Identification
* * * * * * *
SEC. 210303. QUALITY ASSURANCE AND PROFICIENCY TESTING STANDARDS.
(a) Publication of Quality Assurance and Proficiency Testing
Standards.--(1)(A) Not later than 180 days after the date of
enactment of this Act, the Director of the Federal Bureau of
Investigation shall appoint an advisory board on DNA quality
assurance methods from among nominations proposed by the head
of the National Academy of Sciences and professional societies
of crime laboratory officials.
(B) The advisory board shall include as members scientists
from State, local, and private forensic laboratories, molecular
geneticists and population geneticists not affiliated with a
forensic laboratory, and a representative from the National
Institute of Standards and Technology.
(C) The advisory board shall develop, and if appropriate,
periodically revise, recommended standards for quality
assurance, including standards for testing the proficiency of
forensic laboratories, and forensic analysts, in conducting
analyses of DNA.
(2) The Director of the Federal Bureau of Investigation,
after taking into consideration such recommended standards,
shall issue (and revise from time to time) standards for
quality assurance, including standards for testing the
proficiency of forensic laboratories, and forensic analysts, in
conducting analyses of DNA.
(3) The standards described in paragraphs (1) and (2) shall
specify criteria for quality assurance and proficiency tests to
be applied to the various types of DNA analyses used by
forensic laboratories. The standards shall also include a
system for grading proficiency testing performance to determine
whether a laboratory is performing acceptably.
(4) Until such time as the advisory board has made
recommendations to the Director of the Federal Bureau of
Investigation and the Director has acted upon those
recommendations, the quality assurance guidelines adopted by
the technical working group on DNA analysis methods shall be
deemed the Director's standards for purposes of this section.
(5)(A) In addition to issuing standards as provided
in paragraphs (1) through (4), the Director of the
Federal Bureau of Investigation shall issue standards
and procedures for the use of Rapid DNA instruments and
resulting DNA analyses.
(B) In this Act, the term ``Rapid DNA instruments''
means instrumentation that carries out a fully
automated process to derive a DNA analysis from a DNA
sample.
(b) Administration of the Advisory Board.--(1) For
administrative purposes, the advisory board appointed under
subsection (a) shall be considered an advisory board to the
Director of the Federal Bureau of Investigation.
(2) Section 14 of the Federal Advisory Committee Act (5
U.S.C. App.) shall not apply with respect to the advisory board
appointed under subsection (a).
(3) The DNA advisory board established under this section
shall be separate and distinct from any other advisory board
administered by the FBI, and is to be administered separately.
(4) The board shall cease to exist on the date 5 years after
the initial appointments are made to the board, unless the
existence of the board is extended by the Director of the
Federal Bureau of Investigation.
(c) Proficiency Testing Program.--(1) Not later than 1 year
after the effective date of this Act, the Director of the
National Institute of Justice shall certify to the Committees
on the Judiciary of the House and Senate that--
(A) the Institute has entered into a contract with,
or made a grant to, an appropriate entity for
establishing, or has taken other appropriate action to
ensure that there is established, not later than 2
years after the date of enactment of this Act, a blind
external proficiency testing program for DNA analyses,
which shall be available to public and private
laboratories performing forensic DNA analyses;
(B) a blind external proficiency testing program for
DNA analyses is already readily available to public and
private laboratories performing forensic DNA analyses;
or
(C) it is not feasible to have blind external testing
for DNA forensic analyses.
(2) As used in this subsection, the term ``blind external
proficiency test'' means a test that is presented to a forensic
laboratory through a second agency and appears to the analysts
to involve routine evidence.
(3) Notwithstanding any other provision of law, the Attorney
General shall make available to the Director of the National
Institute of Justice during the first fiscal year in which
funds are distributed under this subtitle up to $250,000 from
the funds available under part X of Title I of the Omnibus
Crime Control and Safe Streets Act of 1968 to carry out this
subsection.
SEC. 210304. INDEX TO FACILITATE LAW ENFORCEMENT EXCHANGE OF DNA
IDENTIFICATION INFORMATION.
(a) Establishment of Index.--The Director of the Federal
Bureau of Investigation may establish an index of--
(1) DNA identification records of--
(A) persons convicted of crimes;
(B) persons who have been charged in an
indictment or information with a crime; and
(C) other persons whose DNA samples are
collected under applicable legal authorities,
provided that DNA samples that are voluntarily
submitted solely for elimination purposes shall
not be included in the National DNA Index
System;
(2) analyses of DNA samples recovered from crime
scenes;
(3) analyses of DNA samples recovered from
unidentified human remains; and
(4) analyses of DNA samples voluntarily contributed
from relatives of missing persons.
(b) Information.--The index described in subsection (a) shall
include only information on DNA identification records and DNA
analyses that are--
(1) based on analyses performed by or on behalf of a
criminal justice agency (or the Secretary of Defense in
accordance with section 1565 of title 10, United States
Code) in accordance with publicly available standards
that satisfy or exceed the guidelines for a quality
assurance program for DNA analysis, issued by the
Director of the Federal Bureau of Investigation under
section 210303;
[(2) prepared by laboratories that--
[(A) not later than 2 years after the date of
enactment of the DNA Sexual Assault Justice Act
of 2004, have been accredited by a nonprofit
professional association of persons actively
involved in forensic science that is nationally
recognized within the forensic science
community; and
[(B) undergo external audits, not less than
once every 2 years, that demonstrate compliance
with standards established by the Director of
the Federal Bureau of Investigation; and]
(2) prepared by--
(A) laboratories that--
(i) have been accredited by a
nonprofit professional association of
persons actively involved in forensic
science that is nationally recognized
within the forensic science community;
and
(ii) undergo external audits, not
less than once every 2 years, that
demonstrate compliance with standards
established by the Director of the
Federal Bureau of Investigation; or
(B) criminal justice agencies using Rapid DNA
instruments approved by the Director of the
Federal Bureau of Investigation in compliance
with the standards and procedures issued by the
Director under section 210303(a)(5); and
(3) maintained by Federal, State, and local criminal
justice agencies (or the Secretary of Defense in
accordance with section 1565 of title 10, United States
Code) pursuant to rules that allow disclosure of stored
DNA samples and DNA analyses 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) if personally identifiable information is
removed, for a population statistics database,
for identification research and protocol
development purposes, or for quality control
purposes.
(c) Failure To Comply.--Access to the index established by
this section is subject to cancellation if the quality control
and privacy requirements described in subsection (b) are not
met.
(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--
(i) on the basis of conviction for a
qualifying Federal offense or a
qualifying District of Columbia offense
(as determined under sections 3 and 4
of the DNA Analysis Backlog Elimination
Act of 2000 (42 U.S.C. 14135a, 14135b),
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; or
(ii) on the basis of an arrest under
the authority of the United States, if
the Attorney General receives, for each
charge against the person on the basis
of which the analysis was or could have
been included in the index, a certified
copy of a final court order
establishing that such charge has been
dismissed or has resulted in an
acquittal or that no charge was filed
within the applicable time period.
(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--
(i) 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; or
(ii) the person has not been convicted of an
offense on the basis of which that analysis was
or could have been included in the index, and
the responsible agency or official of that
State receives, for each charge against the
person on the basis of which the analysis was
or could have been included in the index, a
certified copy of a final court order
establishing that such charge has been
dismissed or has resulted in an acquittal or
that no charge was filed within the applicable
time period.
(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.
* * * * * * *
----------
DNA ANALYSIS BACKLOG ELIMINATION ACT OF 2000
* * * * * * *
SEC. 3. COLLECTION AND USE OF DNA IDENTIFICATION INFORMATION FROM
CERTAIN FEDERAL OFFENDERS.
(a) Collection of DNA Samples.--
(1) From individuals in custody.--
(A) The Attorney General may, as prescribed
by the Attorney General in regulation, collect
DNA samples from individuals who are arrested,
facingcharges, or convicted or from non-United
States persons who are detained under the
authority of the United States. The Attorney
General may delegate this function within the
Department of Justice as provided in section
510 of title 28, United States Code, and may
also authorize and direct any other agency of
the United States that arrests or detains
individuals or supervises individuals facing
charges to carry out any function and exercise
any power of the Attorney General under this
section.
(B) The Director of the Bureau of Prisons
shall collect a DNA sample from each individual
in the custody of the Bureau of Prisons who is,
or has been, convicted of a qualifying 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 Attorney General, 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 Attorney General,
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 Attorney General, 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 Attorney General, 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. The
Director of the Federal Bureau of Investigation may waive the
requirements under this subsection if DNA samples are analyzed
by means of Rapid DNA instruments and the results are included
in CODIS.
(c) Definitions.--In this section:
(1) The term ``DNA sample'' means a tissue, fluid, or
other bodily sample of an individual on which a DNA
analysis can be carried out.
(2) The term ``DNA analysis'' means analysis of the
deoxyribonucleic acid (DNA) identification information
in a bodily sample.
(3) The term ``Rapid DNA instruments'' means
instrumentation that carries out a fully automated
process to derive a DNA analysis from a DNA sample.
(d) Qualifying Federal Offenses.--The offenses that shall be
treated for purposes of this section as qualifying Federal
offenses are the following offenses, as determined by the
Attorney General:
(1) Any felony.
(2) Any offense under chapter 109A of title 18,
United States Code.
(3) Any crime of violence (as that term is defined in
section 16 of title 18, United States Code).
(4) Any attempt or conspiracy to commit any of the
offenses in paragraphs (1) through (3).
(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. The Director of the Federal Bureau of Investigation may
waive the requirements under this subsection if DNA samples are
analyzed by means of Rapid DNA instruments and the results are
included in CODIS.
(c) Definitions.--In this section:
(1) The term ``DNA sample'' means a tissue, fluid, or
other bodily sample of an individual on which a DNA
analysis can be carried out.
(2) The term ``DNA analysis'' means analysis of the
deoxyribonucleic acid (DNA) identification information
in a bodily sample.
(3) The term ``Rapid DNA instruments'' means
instrumentation that carries out a fully automated
process to derive a DNA analysis from a DNA 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.
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