[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3361 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3361

 To direct the Attorney General to design and implement a procedure to 
       permit enhanced searches of the National DNA Index System.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 3, 2011

  Mr. Schiff introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To direct the Attorney General to design and implement a procedure to 
       permit enhanced searches of the National DNA Index System.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Utilizing DNA Technology to Solve 
Cold Cases Act of 2011''.

SEC. 2. ENHANCED SEARCHES.

    (a) Familial Searches.--
            (1) In general.--Not later than one year after the date of 
        enactment of this Act, the Attorney General shall adopt 
        policies and procedures in accordance with this section to 
        ensure that--
                    (A) the Federal Bureau of Investigation may conduct 
                familial searches for DNA samples collected from crime 
                scenes in Federal investigations;
                    (B) subject to paragraph (5), a CODIS State 
                administrator or State attorney general may request 
                that the Federal Bureau of Investigation conduct 
                familial searches for DNA samples collected from crime 
                scenes in State investigations; and
                    (C) the privacy interests of persons identified in 
                familial searches are carefully protected.
            (2) Search requirements.--Familial searches conducted by 
        the Federal Bureau of Investigation under this section shall be 
        conducted only under the following circumstances:
                    (A) No identical match for the DNA sample collected 
                from a crime scene can be identified in the offender 
                index.
                    (B) The investigation for which DNA samples are 
                collected at a crime scene involves one or more of the 
                following offenses under Federal or State law:
                            (i) An offense of murder, voluntary 
                        manslaughter, kidnapping, or any attempt to 
                        commit murder, voluntary manslaughter, or 
                        kidnapping.
                            (ii) A specified offense against a minor 
                        (as such term is defined in section 111(7) of 
                        the Sex Offender Registration and Notification 
                        Act (42 U.S.C. 16911(7))), or an attempt to 
                        commit such a specified offense.
                            (iii) An offense for which an offender 
                        would be required, under the Sex Offender 
                        Registration and Notification Act (42 U.S.C. 
                        16901 et seq.), to register as a tier III sex 
                        offender (as defined in section 111(4) of such 
                        Act (42 U.S.C. 16911(4))), or an attempt to 
                        commit such an offense.
            (3) Requests by states.--A CODIS State administrator or 
        State attorney general making a request for a familial search 
        under this section shall--
                    (A) before making such request, have in place a 
                written policy that--
                            (i) establishes the criteria and procedures 
                        for requesting a familial search and for 
                        evaluating a familial match;
                            (ii) is consistent with any regulations 
                        issued by the Attorney General pursuant to this 
                        section; and
                            (iii) ensures that the privacy interests of 
                        persons identified in familial searches are 
                        carefully protected; and
                    (B) each time a familial search request is made, 
                make such policy available to the Attorney General.
            (4) State assurances required.--A CODIS State administrator 
        or a State attorney general may request from the Federal Bureau 
        of Investigation familial searches for DNA samples collected 
        from crime scenes in State investigations only if the 
        requesting State has provided an assurance to the Attorney 
        General that--
                    (A) the requesting State will take such steps as 
                the Attorney General determines to be necessary and 
                appropriate to facilitate the investigation of familial 
                matches from other States; and
                    (B) the requesting State will investigate possible 
                familial matches in the State before requesting 
                assistance from other States.
            (5) Reporting of matches.--Any familial match resulting 
        from a request for a familial search that complies with the 
        requirements of this section shall be reported to the CODIS 
        State administrator or State attorney general requesting 
        information related to such match.
    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, and annually thereafter, the Attorney General shall submit to 
the chair and ranking member of the Committee on the Judiciary of the 
House of Representatives and the Committee on the Judiciary of the 
Senate a report on compliance with this section. Each such report shall 
contain the following information:
            (1) The number of familial searches requested by CODIS 
        State administrators or State attorney generals.
            (2) The number of familial searches conducted under this 
        section.
            (3) The number of familial matches found as a result of 
        such searches.
            (4) The status of any case in which such a familial match 
        was found.
    (c) Regulations.--Not later than one year after the date of 
enactment of this Act, the Attorney General shall issue regulations to 
carry out this section.
    (d) Definitions.--In this section:
            (1) The term ``CODIS State administrator'' means the 
        individual designated by a State to coordinate and communicate 
        with local CODIS administrators in the State and to be 
        responsible for entering data from the State in the National 
        DNA Index System, in accordance with the procedures established 
        by the National DNA Index System Procedures Board and published 
        by the Federal Bureau of Investigation in the NDIS Policies and 
        Procedures.
            (2) The term ``familial search'' means a search of the 
        offender index in which a DNA sample from an unknown source 
        collected from a crime scene is compared to such offender index 
        to determine if a familial match exists between the DNA profile 
        contained in such index and the DNA sample collected from the 
        crime scene.
            (3) The term ``familial match'' means a genetic association 
        determined by the Attorney General to present a high 
        probability of familial relation between a DNA profile in the 
        offender index and a DNA sample collected at a crime scene.
            (4) The term ``offender index'' means the database 
        containing information on individuals convicted of sex offenses 
        and other violent crimes in the National DNA Index System 
        established under section 210304 of the Violent Crime Control 
        and Law Enforcement Act of 1994 (Public Law 103-322, 108 Stat. 
        1796).
            (5) The term ``State'' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, American Samoa, Guam, and the 
        Commonwealth of the Northern Mariana Islands.
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