34 U.S.C. § 40702 — Collection and use of DNA identification information from certain Federal offenders

(a) Collection of DNA samples

(1) From individuals in custody: (A) The Attorney General may make rules letting officials collect DNA samples from people who are arrested, facing charges, or convicted, or from non-U.S. persons the government detains. The Attorney General can delegate this within the Department of Justice, and can direct any other federal agency that arrests, detains, or supervises such people to carry out this job. (B) The Director of the Bureau of Prisons must collect a DNA sample from every person in Bureau custody who is or has been convicted of a qualifying federal offense (defined in (d)) or a qualifying military offense (defined elsewhere, in 10 U.S.C. § 1565).

(2) From individuals on release, parole, or probation: The federal probation office supervising someone on probation, parole, or supervised release must collect a DNA sample from that person if they are or have been convicted of a qualifying federal or military offense.

(3) Individuals already in CODIS: If CODIS already has a DNA profile for that person, or a sample was already collected under 10 U.S.C. § 1565, the relevant official doesn't have to collect a new sample -- but may.

(4) Collection procedures: (A) Officials may use reasonably necessary means -- including detaining and restraining someone -- to collect a sample from a person who refuses to cooperate. (B) Officials may contract with state or local governments or private entities to help collect these samples.

(5) Criminal penalty: Anyone who's required to give a sample under this subsection but refuses to cooperate is guilty of a class A misdemeanor, punished under title 18.

(b) Analysis and use of samples: Whoever collects a sample must send it to the FBI Director, who must run a DNA analysis and add the results to CODIS. The FBI Director can skip this requirement if the samples are analyzed using Rapid DNA instruments and the results still go into CODIS.

(c) Definitions

(1) "DNA sample" means a tissue, fluid, or other bodily sample that DNA analysis can be run on.

(2) "DNA analysis" means analyzing the DNA identification information in a bodily sample.

(3) "Rapid DNA instruments" means equipment that fully automates the process of getting a DNA analysis from a sample.

(d) Qualifying Federal offenses: As the Attorney General determines, these count as qualifying federal offenses: (1) any felony; (2) any offense under chapter 109A of title 18 (certain sexual abuse offenses); (3) any "crime of violence" as defined in 18 U.S.C. § 16; and (4) any attempt or conspiracy to commit any of those.

(e) Regulations

(1) In general: Except as (2) says, the Attorney General's regulations govern how this section works.

(2) Probation officers: The Director of the Administrative Office of the U.S. Courts must provide model procedures for probation officers carrying out this section.

(f) Commencement of collection: Collecting DNA samples under (a) had to start within 180 days of December 19, 2000, as long as Congress had appropriated the money for it.