[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6014 Received in Senate (RDS)]

112th CONGRESS
  2d Session
                                H. R. 6014


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 19, 2012

                                Received

_______________________________________________________________________

                                 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:

                                                 KAREN L. HAAS,

                                                                 Clerk.