Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "34 U.S.C. § 40702"
description: "Collection and use of DNA identification information from certain Federal offenders"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "407"
chapter_name: "DNA IDENTIFICATION"
section: "40702"
citation: "34 U.S.C. § 40702"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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tags: ["legal", "us-code"]
---
# 34 U.S.C. § 40702 - Collection and use of DNA identification information from certain Federal offenders
## Text
(a) Collection of DNA samples (1) From individuals in custody (A) The Attorney General may, as prescribed by the Attorney General in regulation, collect DNA samples from individuals who are arrested, facing charges, or convicted or from non-United States persons who are detained under the authority of the United States. The Attorney General may delegate this function within the Department of Justice as provided in section 510 of title 28 and may also authorize and direct any other agency of the United States that arrests or detains individuals or supervises individuals facing charges to carry out any function and exercise any power of the Attorney General under this section.
(B) 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 Federal offense (as determined under subsection (d)) or a qualifying military offense, as determined under section 1565 of title 10.
(2) From individuals on release, parole, or probation 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.
(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, 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.
(4) Collection procedures (A) The Attorney General, the Director of the Bureau of Prisons, or the probation office responsible (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 Attorney General, the Director of the Bureau of Prisons, or the probation office, 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 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.
(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 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 Federal offenses 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:
(1) Any felony.
(2) Any offense under chapter 109A of title 18.
(3) Any crime of violence (as that term is defined in section 16 of title 18).
(4) Any attempt or conspiracy to commit any of the offenses in paragraphs (1) through (3).
(e) Regulations (1) In general Except as provided in paragraph (2), this section shall be carried out under regulations prescribed by the Attorney General.
(2) Probation officers 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.
(f) 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.
(Pub. L. 106546, § 3, Dec. 19, 2000, 114 Stat. 2728; Pub. L. 10756, title V, § 503, Oct. 26, 2001, 115 Stat. 364; Pub. L. 108405, title II, § 203(b), Oct. 30, 2004, 118 Stat. 2270; Pub. L. 109162, title X, § 1004(a), Jan. 5, 2006, 119 Stat. 3085; Pub. L. 109248, title I, § 155, July 27, 2006, 120 Stat. 611; Pub. L. 11550, § 3(a), Aug. 18, 2017, 131 Stat. 1001.)
## Notes
Editorial Notes
Codification Section 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. 11550, § 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. 11550, § 3(a)(2), added par. (3). 2006—Subsec. (a)(1). Pub. L. 109162, § 1004(a)(1), added subpar. (A) and designated existing provisions as subpar. (B). Subsec. (a)(1)(A). Pub. L. 109248 substituted “arrested, facing charges, or convicted” for “arrested”. Subsec. (a)(3), (4). Pub. L. 109162, § 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. 109162, § 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. 108405 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. 10756 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.”
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description: "Collection and use of DNA identification information from certain District of Columbia offenders"
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title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
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chapter_name: "DNA IDENTIFICATION"
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---
# 34 U.S.C. § 40703 - Collection and use of DNA identification information from certain District of Columbia offenders
## Text
(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) 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 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.
(Pub. L. 106546, § 4, Dec. 19, 2000, 114 Stat. 2730; Pub. L. 11550, § 3(b), Aug. 18, 2017, 131 Stat. 1002.)
## Notes
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.
Amendments2017—Subsec. (b). Pub. L. 11550, § 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. 11550, § 3(b)(2), added par. (3).
@@ -0,0 +1,41 @@
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title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
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---
# 34 U.S.C. § 40704 - Conditions of release generally
## Text
If the collection of a DNA sample from an individual on probation, parole, or supervised release is authorized pursuant to section 40702 or 40703 of this title or section 1565 of title 10, the individual shall cooperate in the collection of a DNA sample as a condition of that probation, parole, or supervised release.
(Pub. L. 106546, § 7(d), Dec. 19, 2000, 114 Stat. 2734.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14135c of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "407"
chapter_name: "DNA IDENTIFICATION"
section: "40705"
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---
# 34 U.S.C. § 40705 - Authorization of appropriations
## Text
There are authorized to be appropriated to the Attorney General to carry out this Act (including to reimburse the Federal judiciary for any reasonable costs incurred in implementing such Act, as determined by the Attorney General) such sums as may be necessary.
(Pub. L. 106546, § 9, Dec. 19, 2000, 114 Stat. 2735.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is Pub. L. 106546, Dec. 19, 2000, 114 Stat. 2726, known as the DNA Analysis Backlog Elimination Act of 2000. For complete classification of this Act to the Code, see Short Title of 2000 Act note set out under section 10101 of this title and Tables.
Codification Section was formerly classified to section 14135d of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,47 @@
---
type: "LegalText"
title: "34 U.S.C. § 40706"
description: "Privacy protection standards"
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kind: "code_section"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "407"
chapter_name: "DNA IDENTIFICATION"
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---
# 34 U.S.C. § 40706 - Privacy protection standards
## Text
(a) In general Except as provided in subsection (b), any sample collected under, or any result of any analysis carried out under, section 40701, 40702, or 40703 of this title may be used only for a purpose specified in such section.
(b) Permissive uses A sample or result described in subsection (a) may be disclosed under the circumstances under which disclosure of information included in the Combined DNA Index System is allowed, as specified in subparagraphs (A) through (D) of section 12592(b)(3) of this title.
(c) Criminal penalty A person who knowingly discloses a sample or result described in subsection (a) in any manner to any person not authorized to receive it, or obtains or uses, without authorization, such sample or result, shall be fined not more than $250,000, or imprisoned for a period of not more than one year. Each instance of disclosure, obtaining, or use shall constitute a separate offense under this subsection.
(Pub. L. 106546, § 10, Dec. 19, 2000, 114 Stat. 2735; Pub. L. 108405, title II, § 203(e)(2), title III, § 309, Oct. 30, 2004, 118 Stat. 2271, 2275.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14135e of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2004—Subsec. (c). Pub. L. 108405, § 309, reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “A person who knowingly— “(1) discloses a sample or result described in subsection (a) of this section in any manner to any person not authorized to receive it; or “(2) obtains, without authorization, a sample or result described in subsection (a) of this section, shall be fined not more than $250,000, or imprisoned for a period of not more than one year, or both.” Pub. L. 108405, § 203(e)(2), substituted “$250,000, or imprisoned for a period of not more than one year, or both” for “$100,000” in concluding provisions.
@@ -0,0 +1,41 @@
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type: "LegalText"
title: "34 U.S.C. § 40721"
description: "Report to Congress on plans to modify CODIS system"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "407"
chapter_name: "DNA IDENTIFICATION"
section: "40721"
citation: "34 U.S.C. § 40721"
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---
# 34 U.S.C. § 40721 - Report to Congress on plans to modify CODIS system
## Text
If the Department of Justice plans to modify or supplement the core genetic markers needed for compatibility with the CODIS system, it shall notify the Judiciary Committee of the Senate and the Judiciary Committee of the House of Representatives in writing not later than 180 days before any change is made and explain the reasons for such change.
(Pub. L. 108405, title II, § 203(f), Oct. 30, 2004, 118 Stat. 2271.)
## Notes
Editorial Notes
Codification Section is comprised of subsec. (f) of section 203 of Pub. L. 108405. For complete classification of section 203, see Tables. Section was formerly classified as a note under section 531 of Title 28, Judiciary and Judicial Procedure, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,57 @@
---
type: "LegalText"
title: "34 U.S.C. § 40722"
description: "DNA training and education for law enforcement, correctional personnel, and court officers"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "407"
chapter_name: "DNA IDENTIFICATION"
section: "40722"
citation: "34 U.S.C. § 40722"
status: "current"
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release_date: "2026-06-26"
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tags: ["legal", "us-code"]
---
# 34 U.S.C. § 40722 - DNA training and education for law enforcement, correctional personnel, and court officers
## Text
(a) In general The Attorney General shall make grants to provide training, technical assistance, education, and information relating to the identification, collection, preservation, analysis, and use of DNA samples and DNA evidence by—
(1) law enforcement personnel, including police officers and other first responders, evidence technicians, investigators, and others who collect or examine evidence of crime;
(2) court officers, including State and local prosecutors, defense lawyers, and judges;
(3) forensic science professionals; and
(4) corrections personnel, including prison and jail personnel, and probation, parole, and other officers involved in supervision.
(b) Authorization of appropriations There are authorized to be appropriated $12,500,000 for each of fiscal years 2019 through 2024 to carry out this section.
(Pub. L. 108405, title III, § 303, Oct. 30, 2004, 118 Stat. 2273; Pub. L. 110360, § 3, Oct. 8, 2008, 122 Stat. 4008; Pub. L. 113182, § 3, Sept. 29, 2014, 128 Stat. 1918; Pub. L. 116104, § 3, Dec. 30, 2019, 133 Stat. 3272.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14136 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2019—Subsec. (b). Pub. L. 116104 substituted “2019 through 2024” for “2015 through 2019”. 2014—Subsec. (b). Pub. L. 113182 substituted “2015 through 2019” for “2009 through 2014”. 2008—Subsec. (b). Pub. L. 110360 substituted “2009 through 2014” for “2005 through 2009”.
Statutory Notes and Related Subsidiaries
Incentive Grants to States To Ensure Consideration of Claims of Actual InnocencePub. L. 108405, title IV, § 413, Oct. 30, 2004, 118 Stat. 2285, as amended by Pub. L. 114324, § 12(a), Dec. 16, 2016, 130 Stat. 1957, provided that: “For each of fiscal years 2017 through 2021, all funds appropriated to carry out sections 303, 305, 308, and 412 [sections 40722, 40724, 40726, and 40727 of this title] shall be reserved for grants to eligible entities that— “(1) meet the requirements under section 303, 305, 308, or 412, as appropriate; and “(2) for eligible entities that are a State or unit of local government, provide a certification by the chief legal officer of the State in which the eligible entity operates or the chief legal officer of the jurisdiction in which the funds will be used for the purposes of the grants, that the State or jurisdiction—“(A) provides DNA testing of specified evidence under a State statute or a State or local rule or regulation to persons sentenced to imprisonment or death for a State felony offense, in a manner intended to ensure a reasonable process for resolving claims of actual innocence that ensures post-conviction DNA testing in at least those cases that would be covered by section 3600(a) of title 18, United States Code, had they been Federal cases and, if the results of the testing exclude the applicant as the source of the DNA, permits the applicant to apply for post-conviction relief, notwithstanding any provision of law that would otherwise bar the application as untimely; and “(B) preserves biological evidence, as defined in section 3600A of title 18, United States Code, under a State statute or a State or local rule, regulation, or practice in a manner intended to ensure that reasonable measures are taken by the State or jurisdiction to preserve biological evidence secured in relation to the investigation or prosecution of, at a minimum, murder, nonnegligent manslaughter and sexual offenses.”
@@ -0,0 +1,203 @@
---
type: "LegalText"
title: "34 U.S.C. § 40723"
description: "Sexual assault forensic exam program grants"
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title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "407"
chapter_name: "DNA IDENTIFICATION"
section: "40723"
citation: "34 U.S.C. § 40723"
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release_date: "2026-06-26"
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---
# 34 U.S.C. § 40723 - Sexual assault forensic exam program grants
## Text
(a) Definitions In this section:
(1) Eligible entity The term “eligible entity” includes—
(A) a State, Tribal, or local government or hospital;
(B) a sexual assault examination program, including—
(i) a SANE program;
(ii) a SAFE program;
(iii) a SART program;
(iv) medical personnel, including a doctor or nurse, involved in treating victims of sexual assault; and
(v) a victim service provider involved in treating victims of sexual assault;
(C) a State sexual assault coalition;
(D) a health care facility, including a hospital that provides sexual assault forensic examinations by a qualified or certified SANE or SAFE;
(E) a sexual assault examination program that provides SANE or SAFE training; and
(F) a community-based program that provides sexual assault forensic examinations, including pediatric forensic exams in a multidisciplinary setting, by a qualified or certified SANE or SAFE outside of a traditional health care setting.
(2) Health care facility The term “health care facility” means any State, local, Tribal, community, free, nonprofit, academic, or private medical facility, including a hospital, that provides emergency medical care to patients.
(3) Medical forensic examination; MFE The term “medical forensic examination” or “MFE” means an examination of a sexual assault patient by a health care provider, who has specialized education and clinical experience in the collection of forensic evidence and treatment of these patients, which includes—
(A) gathering information from the patient for the medical forensic history;
(B) an examination;
(C) coordinating treatment of injuries, documentation of biological and physical findings, and collection of evidence from the patient;
(D) documentation of findings;
(E) providing information, treatment, and referrals for sexually transmitted infections, pregnancy, suicidal ideation, alcohol and substance abuse, and other non-acute medical concerns; and
(F) providing follow-up as needed to provide additional healing, treatment, or collection of evidence.
(4) Pediatric SANE and SAFE The term “pediatric SANE and SAFE” means a SANE or SAFE who is trained to conduct sexual assault forensic examinations on children and youth between the ages of 0 and 18.
(5) Qualified personnel The term “qualified personnel” includes a registered or advanced practice nurse, physician, doctor of osteopathy, or physician assistant who has specialized training conducting medical forensic examinations.
(6) Qualified SANE and SAFE training program The term “qualified SANE and SAFE training program” means a program that—
(A) is qualified to prepare current and future sexual assault nurse examiners to be profession-ready and meet the applicable State and National certification and licensure requirements, through didactic, clinical, preceptor, or capstone programs that include longer-term training;
(B) provides that preparation under a health care model that uses trauma-informed techniques; and
(C) is approved as meeting the most recent National Training Standards for Sexual Assault Medical Forensic Examiners.
(7) Rural area The term “rural area” has the meaning given the term in section 12291 of this title.
(8) Secretary The term “Secretary” means the Secretary of Health and Human Services.
(9) Sexual assault The term “sexual assault” means any nonconsensual sexual act or sexual contact proscribed by Federal, Tribal, or State law, including when the individual lacks capacity to consent.
(10) Sexual assault forensic examiner; SAFE The term “sexual assault forensic examiner” or “SAFE” means an individual who has specialized forensic training in treating sexual assault survivors and conducting medical forensic examinations.
(11) Sexual assault forensic examination The term “sexual assault forensic examination” means an examination of a sexual assault patient by a health care provider, who has specialized education and clinical experience in the collection of forensic evidence and treatment of these patients, which includes—
(A) gathering information from the patient for the medical forensic history;
(B) an examination;
(C) coordinating treatment of injuries, documentation of biological and physical findings, and collection of evidence from the patient;
(D) documentation of findings;
(E) providing information, treatment, and referrals for sexually transmitted infections, pregnancy, suicidal ideation, alcohol and substance abuse, and other non-acute medical concerns; and
(F) providing follow-up as needed to provide additional healing, treatment, or collection of evidence.
(12) Sexual assault nurse examiner; SANE The term “sexual assault nurse examiner” or “SANE” means a registered or advanced practice nurse who has specialized training conducting medical forensic examinations.
(13) Sexual assault response team; SART The term “sexual assault response team” or “SART” means a multidisciplinary team that—
(A) provides a specialized and immediate response to survivors of sexual assault; and
(B) may include health care personnel, law enforcement representatives, community-based survivor advocates, prosecutors, and forensic scientists.
(14) State The term “State” means any State of the United States, the District of Columbia, and any territory or possession of the United States.
(15) Trauma-informed The term “trauma-informed” means, with respect to services or training, services or training that—
(A) use a patient-centered approach to providing services or care;
(B) promote the dignity, strength, and empowerment of patients who have experienced trauma; and
(C) incorporate evidence-based practices based on knowledge about the impact of trauma on patients lives.
(16) Underserved populations The term “underserved populations” has the meaning given the term in section 12291 of this title.
(b) Sexual assault nurse examiner training program grants (1) Authorization for grants The Attorney General, in consultation with the Secretary, shall make grants to eligible entities for the following purposes:
(A) To establish qualified regional SANE training programs—
(i) to provide clinical education for SANE students;
(ii) to provide salaries for full and part-time SANE instructors, including those specializing in pediatrics and working in a multidisciplinary team setting, to help with the clinical training of SANEs; and
(iii) to provide access to simulation laboratories and other resources necessary for clinical education.
(B) To provide full and part time salaries for SANEs and SAFEs, including pediatric SANEs and SAFEs.
(C) To increase access to SANEs and SAFEs by otherwise providing training, education, or technical assistance relating to the collection, preservation, analysis, and use of DNA samples and DNA evidence by SANEs, SAFEs, and other qualified personnel.
(2) Preference for grants In reviewing applications for grants under this section, the Attorney General shall give preference to any eligible entity that certifies in the grant application that the entity will coordinate with a rape crisis center or the State sexual assault coalition to facilitate sexual assault advocacy to support sexual assault survivors and use the grant funds to—
(A) establish qualified SANE training programs in localities with a high volume of forensic trauma cases, including adult and child sexual assault, domestic violence, elder abuse, sex trafficking, and strangulation cases;
(B) increase the local and regional availability of full and part time sexual assault nurse examiners in a rural area, Tribal area, an area with a health professional shortage, or for an underserved population, including efforts to provide culturally competent services; or
(C) establish or sustain sexual assault mobile teams or units or otherwise enhance SANE and SAFE access through telehealth.
(c) Directive to the Attorney General (1) In general Not later than the beginning of fiscal year 2022, the Attorney General shall coordinate with the Secretary to inform health care facilities, including Federally qualified health centers and hospitals, colleges and universities, and other appropriate health-related entities about—
(A) the availability of grant funding under this section; and
(B) the role of sexual assault nurse examiners, both adult and pediatric, and available resources of the Department of Justice and the Department of Health and Human Services to train or employ sexual assault nurses examiners to address the needs of communities dealing with sexual assault, domestic violence, sex trafficking, elder abuse, strangulation, and, in particular, the need for pediatric SANEs, including such nurse examiners working in the multidisciplinary setting, in responding to abuse of both children and adolescents.
(2) Requirement In carrying out paragraph (1), the Attorney General shall collaborate with nongovernmental organizations representing SANEs.
(d) Public information on access to sexual assault forensic examinations (1) In general Not later than 2 years after March 15, 2022, the Attorney General, in consultation with the Secretary, shall establish, and update annually, a public website on the access to forensic nurse examiners.
(2) Contents The website required under paragraph (1) shall with specificity describe, by State—
(A) funding opportunities for SANE training and continuing education; and
(B) the availability of sexual assault advocates at locations providing sexual assault forensic exams.
(3) Report to Congress Not later than 4 years after March 15, 2022, the Attorney General, in consultation with the Secretary, shall submit to the Committee on the Judiciary of the Senate, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on the Judiciary of the House of Representatives, and the Committee on Energy and Commerce of the House of Representatives a report on—
(A) the availability of, and patient access to, trained SANEs and other providers who perform MFEs or sexual assault forensic examinations;
(B) the health care facilities, including hospitals or clinics, that offer SANEs and sexual assault forensic examinations and whether each health care facility, including a hospital or clinic, has full-time, part-time, or on-call coverage;
(C) regional, provider, or other barriers to access for SANE care and services, including MFEs and sexual assault forensic examinations;
(D) State requirements, minimum standards, and protocols for training SANEs, including trauma-informed and culturally competent training standards;
(E) State requirements, minimum standards, and protocols for training emergency services personnel involved in MFEs and sexual assault forensic examinations;
(F) the availability of sexual assault nurse examiner training, frequency of when training is convened, the providers of such training, the States role in such training, and what process or procedures are in place for continuing education of such examiners;
(G) the dedicated Federal and State funding to support SANE training;
(H) funding opportunities for SANE training and continuing education;
(I) the availability of sexual assault advocates at locations providing MFEs and sexual assault forensic exams; and
(J) the total annual cost of conducting sexual assault forensic exams described in section 10449(b) of this title.
(e) Authorization of appropriations There are authorized to be appropriated $30,000,000 for each of fiscal years 2023 through 2027 to carry out this section.
(Pub. L. 108405, title III, § 304, Oct. 30, 2004, 118 Stat. 2273; Pub. L. 110360, § 4, Oct. 8, 2008, 122 Stat. 4009; Pub. L. 113182, § 4, Sept. 29, 2014, 128 Stat. 1918; Pub. L. 114324, § 4, Dec. 16, 2016, 130 Stat. 1950; Pub. L. 115107, § 2, Jan. 8, 2018, 131 Stat. 2266; Pub. L. 116104, § 4, Dec. 30, 2019, 133 Stat. 3273; Pub. L. 117103, div. W, title XIII, § 1318(b)(e), Mar. 15, 2022, 136 Stat. 940945.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14136a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2022—Subsec. (a). Pub. L. 117103, § 1318(b), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The Attorney General shall make grants to eligible entities to provide training, technical assistance, education, equipment, and information relating to the identification, collection, preservation, analysis, and use of DNA samples and DNA evidence by medical personnel and other personnel, including doctors, medical examiners, coroners, nurses, victim service providers, and other professionals involved in treating victims of sexual assault and sexual assault examination programs, including SANE (Sexual Assault Nurse Examiner), SAFE (Sexual Assault Forensic Examiner), and SART (Sexual Assault Response Team).” Subsec. (b). Pub. L. 117103, § 1318(b), (c), added subsec. (b) and struck out former subsec. (b) which defined “eligible entity”. Subsec. (c). Pub. L. 117103, § 1318(b), (d)(2), added subsec. (c) and struck out former subsec. (c) which related to preference given to certain eligible entities for grants and promoting the role and employment of forensic nurses. Subsec. (d). Pub. L. 117103, § 1318(d)(2), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 117103, § 1318(d)(2), (e), redesignated subsec. (d) as (e) and amended it generally. Prior to amendment, subsec. authorized appropriation of $30,000,000 for each of fiscal years 2019 through 2024 to carry out this section. 2019—Subsec. (d). Pub. L. 116104 substituted “2019 through 2024” for “2015 through 2019”. 2018—Subsec. (c)(2). Pub. L. 115107 inserted “, both adult and pediatric,” after “role of forensic nurses” and substituted “elder abuse, and, in particular, the need for pediatric sexual assault nurse examiners, including such nurse examiners working in the multidisciplinary setting, in responding to abuse of both children and adolescents” for “and elder abuse”. 2016—Subsecs. (c), (d). Pub. L. 114324 added subsec. (c) and redesignated former subsec. (c) as (d). 2014—Subsec. (c). Pub. L. 113182 substituted “2015 through 2019” for “2009 through 2014”. 2008—Subsec. (c). Pub. L. 110360 substituted “2009 through 2014” for “2005 through 2009”.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by Pub. L. 117103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.
@@ -0,0 +1,47 @@
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---
# 34 U.S.C. § 40724 - DNA research and development
## Text
(a) Improving DNA technology The Attorney General shall make grants for research and development to improve forensic DNA technology, including increasing the identification accuracy and efficiency of DNA analysis, decreasing time and expense, and increasing portability.
(b) Demonstration projects The Attorney General shall make grants to appropriate entities under which research is carried out through demonstration projects involving coordinated training and commitment of resources to law enforcement agencies and key criminal justice participants to demonstrate and evaluate the use of forensic DNA technology in conjunction with other forensic tools. The demonstration projects shall include scientific evaluation of the public safety benefits, improvements to law enforcement operations, and cost-effectiveness of increased collection and use of DNA evidence.
(c) Authorization of appropriations There are authorized to be appropriated $5,000,000 for each of fiscal years 2017 through 2021 to carry out this section.
(Pub. L. 108405, title III, § 305, Oct. 30, 2004, 118 Stat. 2273; Pub. L. 114324, § 8(a), Dec. 16, 2016, 130 Stat. 1954.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14136b of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2016—Subsec. (c). Pub. L. 114324 substituted “$5,000,000 for each of fiscal years 2017 through 2021” for “$15,000,000 for each of fiscal years 2005 through 2009”.
@@ -0,0 +1,79 @@
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---
# 34 U.S.C. § 40725 - National Forensic Science Commission
## Text
(a) Appointment The Attorney General shall appoint a National Forensic Science Commission (in this section referred to as the “Commission”), composed of persons experienced in criminal justice issues, including persons from the forensic science and criminal justice communities, to carry out the responsibilities under subsection (b).
(b) Responsibilities The Commission shall—
(1) assess the present and future resource needs of the forensic science community;
(2) make recommendations to the Attorney General for maximizing the use of forensic technologies and techniques to solve crimes and protect the public;
(3) identify potential scientific advances that may assist law enforcement in using forensic technologies and techniques to protect the public;
(4) make recommendations to the Attorney General for programs that will increase the number of qualified forensic scientists available to work in public crime laboratories;
(5) disseminate, through the National Institute of Justice, best practices concerning the collection and analyses of forensic evidence to help ensure quality and consistency in the use of forensic technologies and techniques to solve crimes and protect the public;
(6) examine additional issues pertaining to forensic science as requested by the Attorney General;
(7) examine Federal, State, and local privacy protection statutes, regulations, and practices relating to access to, or use of, stored DNA samples or DNA analyses, to determine whether such protections are sufficient;
(8) make specific recommendations to the Attorney General, as necessary, to enhance the protections described in paragraph (7) to ensure—
(A) the appropriate use and dissemination of DNA information;
(B) the accuracy, security, and confidentiality of DNA information;
(C) the timely removal and destruction of obsolete, expunged, or inaccurate DNA information; and
(D) that any other necessary measures are taken to protect privacy; and
(9) provide a forum for the exchange and dissemination of ideas and information in furtherance of the objectives described in paragraphs (1) through (8).
(c) Personnel; procedures The Attorney General shall—
(1) designate the Chair of the Commission from among its members;
(2) designate any necessary staff to assist in carrying out the functions of the Commission; and
(3) establish procedures and guidelines for the operations of the Commission.
(d) Authorization of appropriations There are authorized to be appropriated $500,000 for each of fiscal years 2005 through 2009 to carry out this section.
(Pub. L. 108405, title III, § 306, Oct. 30, 2004, 118 Stat. 2274.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14136c of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,47 @@
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---
# 34 U.S.C. § 40726 - DNA identification of missing persons
## Text
(a) In general The Attorney General shall make grants to promote the use of forensic DNA technology to identify missing persons and unidentified human remains.
(b) Requirement Each State or unit of local government that receives funding under this section shall be required to submit the DNA profiles of such missing persons and unidentified human remains to the National Missing Persons DNA Database of the Federal Bureau of Investigation.
(c) Authorization of appropriations There are authorized to be appropriated $2,000,000 for each of fiscal years 2017 through 2021 to carry out this section.
(Pub. L. 108405, title III, § 308, Oct. 30, 2004, 118 Stat. 2275; Pub. L. 114324, § 8(c), Dec. 16, 2016, 130 Stat. 1954.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14136d of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2016—Subsec. (c). Pub. L. 114324 substituted “fiscal years 2017 through 2021” for “fiscal years 2005 through 2009”.
@@ -0,0 +1,47 @@
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---
# 34 U.S.C. § 40727 - Kirk Bloodsworth Post-Conviction DNA Testing Grant Program
## Text
(a) In general The Attorney General shall establish the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program to award grants to States to help defray the costs of post-conviction DNA testing.
(b) Authorization of appropriations There are authorized to be appropriated $10,000,000 for each of fiscal years 2017 through 2021 to carry out this section.
(c) State defined For purposes of this section, the term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(Pub. L. 108405, title IV, § 412, Oct. 30, 2004, 118 Stat. 2284; Pub. L. 114324, § 12(b), Dec. 16, 2016, 130 Stat. 1957.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14136e of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2016—Subsec. (b). Pub. L. 114324 substituted “$10,000,000 for each of fiscal years 2017 through 2021” for “$5,000,000 for each of fiscal years 2005 through 2009”.
@@ -0,0 +1,49 @@
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---
# 34 U.S.C. § 40728 - Establishment of best practices for evidence retention
## Text
(a) In general The Director of the National Institute of Justice, in consultation with Federal, State, and local law enforcement agencies and government laboratories, shall—
(1) establish best practices for evidence retention to focus on the preservation of forensic evidence; and
(2) assist State, local, and tribal governments in adopting and implementing the best practices established under paragraph (1).
(b) Deadline Not later than 1 year after December 16, 2016, the Director of the National Institute of Justice shall publish the best practices established under subsection (a)(1).
(c) Limitation Nothing in this section shall be construed to require or obligate compliance with the best practices established under subsection (a)(1).
(Pub. L. 108405, title IV, § 414, as added Pub. L. 114324, § 13(a), Dec. 16, 2016, 130 Stat. 1958.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14136f of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,57 @@
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# 34 U.S.C. § 40741 - Definitions
## Text
For purposes of this subchapter:
(1) DNA arrestee collection process The term “DNA arrestee collection process” means, with respect to a State, a process under which the State provides for the collection, for purposes of inclusion in the index described in section 12592(a) of this title (in this subchapter referred to as the “National DNA Index System”), of DNA profiles or DNA data from the following individuals who are at least 18 years of age:
(A) Individuals who are arrested for or charged with a criminal offense under State law that consists of a homicide.
(B) Individuals who are arrested for or charged with a criminal offense under State law that has an element involving a sexual act or sexual contact with another and that is punishable by imprisonment for more than 1 year.
(C) Individuals who are arrested for or charged with a criminal offense under State law that has an element of kidnaping or abduction and that is punishable by imprisonment for more than 1 year.
(D) Individuals who are arrested for or charged with a criminal offense under State law that consists of burglary punishable by imprisonment for more than 1 year.
(E) Individuals who are arrested for or charged with a criminal offense under State law that consists of aggravated assault punishable by imprisonment for more than 1 year.
(2) State The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.
(Pub. L. 112253, § 2, Jan. 10, 2013, 126 Stat. 2407.)
## Notes
Editorial Notes
References in TextThis subchapter, referred to in text, was in the original “this Act”, meaning Pub. L. 112253, Jan. 10, 2013, 126 Stat. 2407, known as the Katie Sepich Enhanced DNA Collection Act of 2012, which is classified principally to this subchapter. For complete classification of this Act to the Code, see Short Title of 2013 Act note set out under section 10101 of this title and Tables.
Codification Section was formerly classified to section 14137 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,59 @@
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# 34 U.S.C. § 40742 - Grants to States to implement DNA arrestee collection processes
## Text
(a) In general The Attorney General shall, subject to amounts made available pursuant to section 40744 of this title, carry out a grant program for the purpose of assisting States with the costs associated with the implementation of DNA arrestee collection processes.
(b) Applications (1) In general To be eligible to receive a grant under this section, in addition to any other requirements specified by the Attorney General, a State shall submit to the Attorney General an application that demonstrates that it has statutory authorization for the implementation of a DNA arrestee collection process.
(2) Non-supplanting funds An application submitted under paragraph (1) by a State shall include assurances that the amounts received under the grant under this section shall be used to supplement, not supplant, State funds that would otherwise be available for the purpose described in subsection (a).
(3) Other requirements The Attorney General shall require a State seeking a grant under this section to document how such State will use the grant to meet expenses associated with a States implementation or planned implementation of a DNA arrestee collection process.
(c) Grant allocation (1) In general The amount available to a State under this section shall be based on the projected costs that will be incurred by the State to implement a DNA arrestee collection process. Subject to paragraph (2), the Attorney General shall retain discretion to determine the amount of each such grant awarded to an eligible State.
(2) Maximum grant allocation In the case of a State seeking a grant under this section with respect to the implementation of a DNA arrestee collection process, such State shall be eligible for a grant under this section that is equal to no more than 100 percent of the first year costs to the State of implementing such process.
(d) Grant conditions As a condition of receiving a grant under this section, a State shall have a procedure in place to—
(1) provide written notification of expungement provisions and instructions for requesting expungement to all persons who submit a DNA profile or DNA data for inclusion in the index;
(2) provide the eligibility criteria for expungement and instructions for requesting expungement on an appropriate public Web site; and
(3) make a determination on all expungement requests not later than 90 days after receipt and provide a written response of the determination to the requesting party.
(Pub. L. 112253, § 3, Jan. 10, 2013, 126 Stat. 2408.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14137a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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# 34 U.S.C. § 40743 - Expungement of profiles
## Text
The expungement requirements under section 12592(d) of this title shall apply to any DNA profile or DNA data collected pursuant to this subchapter for purposes of inclusion in the National DNA Index System.
(Pub. L. 112253, § 4, Jan. 10, 2013, 126 Stat. 2408.)
## Notes
Editorial Notes
References in TextThis subchapter, referred to in text, was in the original “this Act”, meaning Pub. L. 112253, Jan. 10, 2013, 126 Stat. 2407, known as the Katie Sepich Enhanced DNA Collection Act of 2012, which is classified principally to this subchapter. For complete classification of this Act to the Code, see Short Title of 2013 Act note set out under section 10101 of this title and Tables.
Codification Section was formerly classified to section 14137b of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,43 @@
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# 34 U.S.C. § 40744 - Offset of funds appropriated
## Text
Any funds appropriated to carry out this subchapter, not to exceed $10,000,000 for each of fiscal years 2013 through 2015, shall be derived from amounts appropriated pursuant to subsection (j) of section 40701 of this title in each such fiscal year for grants under such section.
(Pub. L. 112253, § 5, Jan. 10, 2013, 126 Stat. 2409.)
## Notes
Editorial Notes
References in TextThis subchapter, referred to in text, was in the original “this Act”, meaning Pub. L. 112253, Jan. 10, 2013, 126 Stat. 2407, known as the Katie Sepich Enhanced DNA Collection Act of 2012, which is classified principally to this subchapter. For complete classification of this Act to the Code, see Short Title of 2013 Act note set out under section 10101 of this title and Tables.
Codification Section was formerly classified to section 14137c of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.