[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:
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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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