Page:United States Statutes at Large Volume 114 Part 4.djvu/669

 PUBLIC LAW 106-546—DEC. 19, 2000 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 deox3a:ibonucleic 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) COMMENCEMENT OF COLLECTION. —Collection of DNA sam- Deadline. pies 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: "§ 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

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