H.R. 4640 (ih) To make grants to States for carrying out DNA analyses for use in the [Introduced in House] ...

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        H.R.4640

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 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 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
        (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.--
        (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 

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