[106th Congress Public Law 546]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ546.106]


[[Page 2725]]

              DNA ANALYSIS BACKLOG ELIMINATION ACT OF 2000

[[Page 114 STAT. 2726]]

Public Law 106-546
106th Congress

                                 An Act


 
 To make grants to States for carrying out DNA analyses for use in the 
  Combined DNA Index System of the Federal Bureau of Investigation, to 
  provide for the collection and analysis of DNA samples from certain 
   violent and sexual offenders for use in such system, and for other 
            purposes. <<NOTE: Dec. 19, 2000 -  [H.R. 4640]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: DNA Analysis 
Backlog Elimination Act of 2000.>> 

SECTION 1. SHORT <<NOTE: 42 USC 13701 note.>> TITLE.

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

SEC. 2. AUTHOR <<NOTE: 42 USC 14135.>> IZATION 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) <<NOTE: Deadline.>> 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;

[[Page 114 STAT. 2727]]

            (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 3 
        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

[[Page 114 STAT. 2728]]

            (2) such other information as the Attorney General may 
        require.

    (g)  <<NOTE: Deadline.>> 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. <<NOTE: 42 USC 14135a.>> 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.

[[Page 114 STAT. 2729]]

            (3) Individuals already in codis.--For each individual 
        described in paragraph (1) or (2), if the Combined DNA Index 
        System (in this section referred to as ``CODIS'') of the Federal 
        Bureau of Investigation contains a DNA analysis with respect to 
        that individual, or if a DNA sample has been collected from that 
        individual under section 1565 of title 10, United States Code, 
        the Director of the Bureau of Prisons or the probation office 
        responsible (as applicable) may (but need not) collect a DNA 
        sample from that individual.
            (4) Collection procedures.--(A) The Director of the Bureau 
        of Prisons or the probation office responsible (as applicable) 
        may use or authorize the use of such means as are reasonably 
        necessary to detain, restrain, and collect a DNA sample from an 
        individual who refuses to cooperate in the collection of the 
        sample.
            (B) The Director of the Bureau of Prisons or the probation 
        office, as appropriate, may enter into agreements with units of 
        State or local government or with private entities to provide 
        for the collection of the samples described in paragraph (1) or 
        (2).
            (5) Criminal penalty.--An individual from whom the 
        collection of a DNA sample is authorized under this subsection 
        who fails to cooperate in the collection of that sample shall 
        be--
                    (A) guilty of a class A misdemeanor; and
                    (B) punished in accordance with title 18, United 
                States Code.

    (b) Analysis and Use of Samples.--The Director of the Bureau of 
Prisons or the probation office responsible (as applicable) shall 
furnish each DNA sample collected under subsection (a) to the Director 
of the Federal Bureau of Investigation, who shall carry out a DNA 
analysis on each such DNA sample and include the results in CODIS.
    (c) Definitions.--In this section:
            (1) The term ``DNA sample'' means a tissue, fluid, or other 
        bodily sample of an individual on which a DNA analysis can be 
        carried out.
            (2) The term ``DNA analysis'' means analysis of the 
        deoxyribonucleic acid (DNA) identification information in a 
        bodily sample.

    (d) Qualifying Federal Offenses.--(1) The offenses that shall be 
treated for purposes of this section as qualifying Federal offenses are 
the following offenses under title 18, United States Code, as determined 
by the Attorney General:
            (A) Murder (as described in section 1111 of such title), 
        voluntary manslaughter (as described in section 1112 of such 
        title), or other offense relating to homicide (as described in 
        chapter 51 of such title, sections 1113, 1114, 1116, 1118, 1119, 
        1120, and 1121).
            (B) An offense relating to sexual abuse (as described in 
        chapter 109A of such title, sections 2241 through 2245), to 
        sexual exploitation or other abuse of children (as described in 
        chapter 110 of such title, sections 2251 through 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).

[[Page 114 STAT. 2730]]

            (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) <<NOTE: Deadline.>> 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 )  <<NOTE: Deadline.>> 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. <<NOTE: 42 USC 14135b.>> 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

[[Page 114 STAT. 2731]]

        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)  <<NOTE: Deadline.>> 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

[[Page 114 STAT. 2732]]

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.''.

[[Page 114 STAT. 2733]]

    (b)  <<NOTE: Deadline. 10 USC 1565 note.>> 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)  <<NOTE: 10 USC 1565 note.>> 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:
            ``(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 
        sections 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.

[[Page 114 STAT. 2734]]

                    ``(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)  <<NOTE: 42 USC 14135c.>> 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

[[Page 114 STAT. 2735]]

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. <<NOTE: 42 USC 14135d.>> 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. <<NOTE: 42 USC 14135e.>> 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.

SEC. 11. <<NOTE: 42 USC 14135 note.>> SENSE OF THE CONGRESS REGARDING 
            THE OBLIGATION OF GRANTEE STATES TO ENSURE ACCESS TO POST-
            CONVICTION DNA TESTING AND COMPETENT COUNSEL IN CAPITAL 
            CASES.

    (a) Findings.--Congress finds that--
            (1) over the past decade, deoxyribo-nucleic acid testing 
        (referred to in this section as ``DNA testing'') has emerged as 
        the most reliable forensic technique for identifying criminals 
        when biological material is left at a crime scene;
            (2) because of its scientific precision, DNA testing can, in 
        some cases, conclusively establish the guilt or innocence of a 
        criminal defendant;
            (3) in other cases, DNA testing may not conclusively 
        establish guilt or innocence, but may have significant probative 
        value to a finder of fact;
            (4) DNA testing was not widely available in cases tried 
        prior to 1994;
            (5) new forensic DNA testing procedures have made it 
        possible to get results from minute samples that could not

[[Page 114 STAT. 2736]]

        previously be tested, and to obtain more informative and 
        accurate results than earlier forms of forensic DNA testing 
        could produce, resulting in some cases of convicted inmates 
        being exonerated by new DNA tests after earlier tests had failed 
        to produce definitive results;
            (6) DNA testing can and has resulted in the post-conviction 
        exoneration of more than 75 innocent men and women, including 
        some under sentence of death;
            (7) in more than a dozen cases, post-conviction DNA testing 
        that has exonerated an innocent person has also enhanced public 
        safety by providing evidence that led to the apprehension of the 
        actual perpetrator;
            (8) experience has shown that it is not unduly burdensome to 
        make DNA testing available to inmates in appropriate cases;
            (9) under current Federal and State law, it is difficult to 
        obtain post-conviction DNA testing because of time limits on 
        introducing newly discovered evidence;
            (10) the National Commission on the Future of DNA Evidence, 
        a Federal panel established by the Department of Justice and 
        comprised of law enforcement, judicial, and scientific experts, 
        has urged that post-conviction DNA testing be permitted in the 
        relatively small number of cases in which it is appropriate, 
        notwithstanding procedural rules that could be invoked to 
        preclude such testing, and notwithstanding the inability of an 
        inmate to pay for the testing;
            (11) only a few States have adopted post-conviction DNA 
        testing procedures;
            (12) States have received millions of dollars in DNA-related 
        grants, and more funding is needed to improve State forensic 
        facilities and to reduce the nationwide backlog of DNA samples 
        from convicted offenders and crime scenes that need to be tested 
        or retested using upgraded methods;
            (13) States that accept such financial assistance should not 
        deny the promise of truth and justice for both sides of our 
        adversarial system that DNA testing offers;
            (14) post-conviction DNA testing and other post-conviction 
        investigative techniques have shown that innocent people have 
        been sentenced to death in the United States;
            (15) a constitutional error in capital cases is incompetent 
        defense lawyers who fail to present important evidence that the 
        defendant may have been innocent or does not deserve to be 
        sentenced to death; and
            (16) providing quality representation to defendants facing 
        the loss of liberty or life is essential to fundamental due 
        process and the speedy final resolution of judicial proceedings.

    (b) Sense of the Congress.--It is the sense of the Congress that--
            (1) Congress should condition forensic science-related 
        grants to a State or State forensic facility on the State's 
        agreement to ensure post-conviction DNA testing in appropriate 
        cases; and
            (2) Congress should work with the States to improve the 
        quality of legal representation in capital cases through the 


[[Page 114 STAT. 2737]]

        establishment of standards that will assure the timely 
        appointment of competent counsel with adequate resources to 
        represent defendants in capital cases at each stage of those 
        proceedings.

    Approved December 19, 2000.

LEGISLATIVE HISTORY--H.R. 4640:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 106-900, Pt. 1 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 146 (2000):
            Oct. 2, considered and passed House.
            Dec. 6, considered and passed Senate, amended.
            Dec. 7, House concurred in Senate amendment.

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