Home > 106th Congressional Bills > H.R. 4640 (enr) To make grants to States for carrying out DNA analyses for use in the [Enrolled bill] ...H.R. 4640 (enr) To make grants to States for carrying out DNA analyses for use in the [Enrolled bill] ...
106th CONGRESS
2d Session
H. R. 4640
_______________________________________________________________________
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.
106th CONGRESS
2d Session
H. R. 4640
_______________________________________________________________________
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.
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
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.--
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