[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6014 Enrolled Bill (ENR)]
H.R.6014
One Hundred Twelfth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twelve
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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.