US · guidance
BOP Program Statement 5311.01 § 2
BACKGROUND
On December 19, 2000, the DNA Analysis Backlog Elimination Act of 2000 (Pub. L. No. 106-
546) was enacted. That law required the Bureau to obtain a DNA sample from each inmate
convicted of a qualifying offense. The definition of a qualifying offense was subsequently
modified by the USA PATRIOT ACT of 2001 (Pub. L. No. 107-56), the Justice for All Act of
2005 (Pub. L. No. 108-405), section 1004 of the Violence Against Women and Department of
Justice Reauthorization Act, also known as The DNA Fingerprint Act of 2005, (Pub. L. No. 109-
162) and section 155 of the Adam Walsh Child Protection and Safety Act of 2006 “Walsh Act”
(Pub. L. No. 109-248).
P5311.01 11/15/2010 2
In its current form, the controlling statute authorizes the Attorney General to 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. See 42 U.S.C. §
14135a(a)(1)(A). The statute also authorizes the Attorney General to “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.” Id.
An implementing rule was published in the Federal Register on December 10, 2008 (Vol. 73,
No. 238, pp. 74932-74943). The FBI analyzes DNA samples and maintains the results in the
Combined DNA Index System (CODIS).
History
PS 5311.01 dated 2011-02-01
Provenance
- Source
- bop.gov
- Retrieved
- 2026-09-20
- Edition
- bop-ps-2026-09-20
- Content hash
88fc0b31ac43ec1cd6fab5615186f8efc5c44620d66944f03788f054e161b915
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