34 U.S.C. § 40702
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.
34 U.S.C. § 40702
EDITORIAL NOTES
CODIFICATIONSection was formerly classified to section 14135a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
AMENDMENTS2017-Subsec. (b). Pub. L. 115-50, §3(a)(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(a)(2), added par. (3).2006-Subsec. (a)(1). Pub. L. 109-162, §1004(a)(1), added subpar. (A) and designated existing provisions as subpar. (B).Subsec. (a)(1)(A). Pub. L. 109-248 substituted "arrested, facing charges, or convicted" for "arrested". Subsec. (a)(3), (4). Pub. L. 109-162, §1004(a)(1)(B), substituted "Attorney General, the Director of the Bureau of Prisons," for "Director of the Bureau of Prisons" in par. (3) and subpars. (A) and (B) of par. (4). Subsec. (b). Pub. L. 109-162, §1004(a)(2), substituted "Attorney General, the Director of the Bureau of Prisons," for "Director of the Bureau of Prisons".2004-Subsec. (d). Pub. L. 108-405 reenacted heading without change and amended text generally, substituting pars. (1) to (4) for former pars. (1) and (2) with multiple subpars. listing specific offenses.2001-Subsec. (d)(2). Pub. L. 107-56 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "The initial determination of qualifying Federal offenses shall be made not later than 120 days after December 19, 2000."