US Code

Public Law 119-73 (01/23/2026)

34 U.S.C. § 40702

Collection and use of DNA identification information from certain Federal offenders

(a)

Collection of DNA samples

(1)

From individuals in custody

(A)
section 510 of title 28 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 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)
section 1565 of title 10 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 .
(2)

From individuals on release, parole, or probation

section 1565 of title 10The 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 .

(3)

Individuals already in CODIS

section 1565 of title 10For 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 , 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)
section 16 of title 18 Any crime of violence (as that term is defined in ).
(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 .

Pub. L. 106–546, § 3114 Stat. 2728Pub. L. 107–56, title V, § 503115 Stat. 364Pub. L. 108–405, title II, § 203(b)118 Stat. 2270Pub. L. 109–162, title X, § 1004(a)119 Stat. 3085Pub. L. 109–248, title I, § 155120 Stat. 611Pub. L. 115–50, § 3(a)131 Stat. 1001(, , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Codification

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

Amendments

Pub. L. 115–50, § 3(a)(1)2017—Subsec. (b). , 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.”

Pub. L. 115–50, § 3(a)(2)Subsec. (c)(3). , added par. (3).

Pub. L. 109–162, § 1004(a)(1)2006—Subsec. (a)(1). , added subpar. (A) and designated existing provisions as subpar. (B).

Pub. L. 109–248Subsec. (a)(1)(A). substituted “arrested, facing charges, or convicted” for “arrested”.

Pub. L. 109–162, § 1004(a)(1)(B)Subsec. (a)(3), (4). , 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).

Pub. L. 109–162, § 1004(a)(2)Subsec. (b). , substituted “Attorney General, the Director of the Bureau of Prisons,” for “Director of the Bureau of Prisons”.

Pub. L. 108–4052004—Subsec. (d). 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.

Pub. L. 107–562001—Subsec. (d)(2). 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 .”