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H.R. 4641 (ih) To provide trade adjustment assistance for certain workers. [Introduced in House] ...


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                                                 Union Calendar No. 544
106th CONGRESS
  2d Session
                                H. R. 4640

                      [Report No. 106-900, Part I]

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 12, 2000

Mr. McCollum (for himself, Mr. Scott, Mr. Gilman, Mr. Kennedy of Rhode 
  Island, Mr. Weiner, and Mr. Chabot) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
  to the Committee on Armed Services, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

                           September 26, 2000

 Additional sponsors: Mr. Stupak, Mr. Green of Wisconsin, Mr. Bachus, 
                Mr. Smith of Washington, and Mr. Rothman

                           September 26, 2000

     Reported from the Committee on the Judiciary with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           September 26, 2000

   Referral to the Committee on Armed Services extended for a period 
                ending not later than September 26, 2000

                           September 26, 2000

 Committee on Armed Services discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on June 
                               12, 2000]

_______________________________________________________________________

                                 A BILL


 
 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)(2)).
            (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 2252A), or to transportation 
for illegal sexual activity (as described in chapter 117 of such title, 
sections 2421, 2422, 2423, and 2425).
            (C) Kidnapping (as defined in section 3559(c)(2)(E) of such 
        title).
            (D) Burglary.
            (E) 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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