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34 U.S.C. § 40702

Collection and use of DNA identification information from certain Federal offenders

United States · Title 34 — CRIME CONTROL AND LAW ENFORCEMENT · Status: effective

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34 U.S.C. § 40702, Collection and use of DNA identification information from certain Federal offenders, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/470604
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Full text

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. 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, the Attorney General, 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. 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— The Attorney General, 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. The Director of the Federal Bureau of Investigation may waive the requirements under this subsection if DNA samples are analyzed by means of Rapid DNA instruments and the results are included in CODIS. In this section: The offenses that shall be treated for purposes of this section as qualifying Federal offenses are the following offenses, as determined by the Attorney General: Except as provided in paragraph (2), this section shall be carried out under regulations prescribed by the Attorney General. 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. 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 December 19, 2000.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 106-546(H.R. 4640)2000-12-19
    DNA Analysis Backlog Elimination Act of 2000
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 107-56(H.R. 3162)2001-10-26
    Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001
  • Amended byPub. L. 108-405(H.R. 5107)2004-10-30
    Justice for All Act of 2004
    House: 393–14Senate: no recorded tally
  • Amended byPub. L. 109-162(H.R. 3402)2006-01-05
    Violence Against Women and Department of Justice Reauthorization Act of 2005
    House: 415–4Senate: no recorded tally
  • Amended byPub. L. 109-248(H.R. 4472)2006-07-27
    Adam Walsh Child Protection and Safety Act of 2006
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 115-50(H.R. 510)2017-08-18
    Rapid DNA Act of 2017
    House: no recorded tallySenate: no recorded tally