Federal Legislation on Forensic DNA

There are two types of Federal legislation impact the use of forensic DNA in the criminal justice system:

  • Authorizing legislation is enacted by Congress that establishes or continues the legal operation of a federal program or agency.
  • Appropriations legislation is a law passed by Congress to provide a certain level of funding for a grant program in a given year.

Authorizing Legslation

Justice for All Act of 2004

Establishes enforceable rights for victims of crimes; enhances DNA collection and analysis efforts; provides for postconviction DNA testing; and authorizes grants to improve the quality of representation in state capital cases. Read the full text of:

DNA Backlog Elimination Act (2000)

To make grants to States for carrying out DNA analyses for use in the Combined DNA Index System of the Federal Bureau of Investigation, to provide for the collection and analysis of DNA samples from certain violent and sexual offenders for use in such system, and for other purposes including "to carry out, for inclusion in such Combined DNA Index System, DNA analyses of samples from crime scenes." Read the full text of:

Crime Information Technology Act of 1996 (authorized with the passage of Public Law 105-251 [S. 2022])

To provide for the improvement of interstate criminal justice identification, information, communications, and forensics. CITA allowed for grants for programs relating to the identification and analysis of DNA. Read the full text of Public Law 105-251 (S. 2022).

DNA Identification Act of 1994

This Act modifies the Omnibus Crime Control and Safe Streets Act of 1968 by inserting provisions regulating funding of DNA analysis laboratories and authorizing the collection of an index of DNA records and samples, all of which are designed to enhance quality assurance. Read the full text of Public Law 103-322 (HR 3355).

DNA Fingerprint Act of 2005 (Title X of Public Law 109-162)

A bill to establish an opt-out system for expungement of DNA profiles from the national index and to authorize collection of DNA samples from persons arrested or detained under Federal authority. Read the full text of Public Law 109-162.

Appropriations Legislation