[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6014 Engrossed in House (EH)]
112th CONGRESS
2d Session
H. R. 6014
_______________________________________________________________________
AN ACT
To authorize the Attorney General to award grants for States to
implement DNA arrestee collection processes.
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 ``Katie Sepich Enhanced DNA Collection
Act of 2012''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) DNA arrestee collection process.--The term ``DNA
arrestee collection process'' means, with respect to a State, a
process under which the State provides for the collection, for
purposes of inclusion in the index described in section
210304(a) of the DNA Identification Act of 1994 (42 U.S.C.
14132(a)) (in this Act referred to as the ``National DNA Index
System''), of DNA profiles or DNA data from the following
individuals who are at least 18 years of age:
(A) Individuals who are arrested for or charged
with a criminal offense under State law that consists
of a homicide.
(B) Individuals who are arrested for or charged
with a criminal offense under State law that has an
element involving a sexual act or sexual contact with
another and that is punishable by imprisonment for more
than 1 year.
(C) Individuals who are arrested for or charged
with a criminal offense under State law that has an
element of kidnaping or abduction and that is
punishable by imprisonment for more than 1 year.
(D) Individuals who are arrested for or charged
with a criminal offense under State law that consists
of burglary punishable by imprisonment for more than 1
year.
(E) Individuals who are arrested for or charged
with a criminal offense under State law that consists
of aggravated assault punishable by imprisonment for
more than 1 year.
(2) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands.
SEC. 3. GRANTS TO STATES TO IMPLEMENT DNA ARRESTEE COLLECTION
PROCESSES.
(a) In General.--The Attorney General shall, subject to amounts
made available pursuant to section 5, carry out a grant program for the
purpose of assisting States with the costs associated with the
implementation of DNA arrestee collection processes.
(b) Applications.--
(1) In general.--To be eligible to receive a grant under
this section, in addition to any other requirements specified
by the Attorney General, a State shall submit to the Attorney
General an application that demonstrates that it has statutory
authorization for the implementation of a DNA arrestee
collection process.
(2) Non-supplanting funds.--An application submitted under
paragraph (1) by a State shall include assurances that the
amounts received under the grant under this section shall be
used to supplement, not supplant, State funds that would
otherwise be available for the purpose described in subsection
(a).
(3) Other requirements.--The Attorney General shall require
a State seeking a grant under this section to document how such
State will use the grant to meet expenses associated with a
State's implementation or planned implementation of a DNA
arrestee collection process.
(c) Grant Allocation.--
(1) In general.--The amount available to a State under this
section shall be based on the projected costs that will be
incurred by the State to implement a DNA arrestee collection
process. Subject to paragraph (2), the Attorney General shall
retain discretion to determine the amount of each such grant
awarded to an eligible State.
(2) Maximum grant allocation.--In the case of a State
seeking a grant under this section with respect to the
implementation of a DNA arrestee collection process, such State
shall be eligible for a grant under this section that is equal
to no more than 100 percent of the first year costs to the
State of implementing such process.
(d) Grant Conditions.--As a condition of receiving a grant under
this section, a State shall have a procedure in place to--
(1) provide written notification of expungement provisions
and instructions for requesting expungement to all persons who
submit a DNA profile or DNA data for inclusion in the index;
(2) provide the eligibility criteria for expungement and
instructions for requesting expungement on an appropriate
public Web site; and
(3) make a determination on all expungement requests not
later than 90 days after receipt and provide a written response
of the determination to the requesting party.
SEC. 4. EXPUNGEMENT OF PROFILES.
The expungement requirements under section 210304(d) of the DNA
Identification Act of 1994 (42 U.S.C. 14132(d)) shall apply to any DNA
profile or DNA data collected pursuant to this Act for purposes of
inclusion in the National DNA Index System.
SEC. 5. OFFSET OF FUNDS APPROPRIATED.
Any funds appropriated to carry out this Act, not to exceed
$10,000,000 for each of fiscal years 2013 through 2015, shall be
derived from amounts appropriated pursuant to subsection (j) of section
2 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135)
in each such fiscal year for grants under such section.
SEC. 6. CONFORMING AMENDMENT TO THE DEBBIE SMITH DNA BACKLOG GRANT
PROGRAM.
Section 2(a) of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135(a)) is amended by adding at the end the following new
paragraph:
``(6) To implement a DNA arrestee collection process
consistent with the Katie Sepich Enhanced DNA Collection Act of
2012.''.
Passed the House of Representatives December 18, 2012.
Attest:
Clerk.
112th CONGRESS
2d Session
H. R. 6014
_______________________________________________________________________
AN ACT
To authorize the Attorney General to award grants for States to
implement DNA arrestee collection processes.