Title 34, NavyRelease 119-110

§40703 Collection and Use of Dna Identification Information From Certain District of Columbia Offenders

Title 34 › Subtitle IV — Criminal Records and Information › CHAPTER 407 — DNA IDENTIFICATION › SUBCHAPTER I — COLLECTION AND ANALYSIS OF SAMPLES › § 40703

Last updated Sep 22, 2026|Official source

Summary

The Director of the Bureau of Prisons and the Director of the Court Services and Offender Supervision Agency must collect DNA samples from people in federal prison custody or under supervised release, parole, or probation who were convicted of District of Columbia offenses that the District government says count. If the FBI’s CODIS database already has that person’s DNA, the Directors can choose not to collect another sample. They may detain or restrain someone who refuses and may hire state, local, or private agencies to help collect samples. A person who refuses when collection is authorized can be charged with a class A misdemeanor and punished under federal law. Collected samples are sent to the FBI for DNA testing and entry into CODIS, unless the FBI accepts results from Rapid DNA machines. “DNA sample” means a body tissue, fluid, or other sample for testing. “DNA analysis” means the testing of DNA. “Rapid DNA instruments” are machines that fully automate DNA testing. Collection had to start no later than 180 days after December 19, 2000, subject to available funding. Funding for the Agency was authorized for fiscal years 2001–2005 as needed.

Full Legal Text

Title 34, §40703

Navy, Source: USLM XML via OLRC

(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 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.
(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. 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.
(c)Definitions
In this section: (1)
(2)The term “DNA analysis” means analysis of the deoxyribonucleic acid (DNA) identification information in a bodily sample.
(3)The term “Rapid DNA instruments” means instrumentation that carries out a fully automated process to derive a DNA analysis from a DNA 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 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.
(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 14135b of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2017—Subsec. (b). Pub. L. 115–50, § 3(b)(1), inserted at end “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.” Subsec. (c)(3). Pub. L. 115–50, § 3(b)(2), added par. (3).

Reference

Citations & Metadata

Citation

34 U.S.C. § 40703

Title 34, Navy

Last Updated

Sep 22, 2026

Release point: 119-110