In response to this congressional mandate, the FBI established the Combined DNA Index System ("CODIS").

"[1] However, the 1994 Act was interpreted by the FBI to permit only the creation of the CODIS, not the taking of DNA samples of persons convicted of federal offenses for input into the system.

"[3] Moreover, the DNA Act provides that "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" and that "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.

"[4] In addition, Congress has mandated the collection of DNA samples from "each individual in the custody of the Bureau of Prisons who is, or has been convicted of a qualifying District of Columbia offense" or any "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.

[6] The District of Columbia has determined that forty-nine separate offense qualify for collection under the DNA Act.