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

Summary: Utilizing DNA Technology to Solve Cold Cases Act of 2010 - Requires the Attorney General to adopt policies and procedures to ensure that: (1) the Federal Bureau of Investigation (FBI) may conduct familial searches for DNA samples collected from crime scenes; (2) state law enforcement agencies may request that the FBI conduct such searches in state investigations; and (3) the privacy interests of persons identified in familial searches are protected. Defines "familial search" as a search of the offender index in the National DNA Index System in which a DNA sample from an unknown source collected from a crime scene is compared to such 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.

Allows FBI familial searches to be conducted only if: (1) no identical match for a DNA sample collected from a crime scene can be identified in the offender index; and (2) the investigation for which DNA samples are collected involves murder, manslaughter, a sex offense against a minor, sexual assault, or an offense that involves a sexual act or sexual contact with another and that is punishable by imprisonment for more than one year.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Utilizing DNA Technology to Solve 
Cold Cases Act of 2010''.

SEC. 2. ENHANCED SEARCHES.

    (a) Familial Searches.--
            (1) In general.--Not later than 180 days after the date of 
        the 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) a State law enforcement agency 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, or any attempt to commit murder 
                        or voluntary manslaughter.
                            (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 or attempt to commit an 
                        offense that--
                                    (I) involves a sexual act or sexual 
                                contact with another; and
                                    (II) is punishable by imprisonment 
                                for more than one year.
            (3) Requesting state law enforcement agency.--A State law 
        enforcement agency 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; and
                            (ii) is consistent with any regulations 
                        issued by the Attorney General pursuant to this 
                        section; and
                    (B) each time a familial search request is made, 
                make such policy available to the Attorney General.
            (4) 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 a laboratory 
        authorized as a Combined DNA Index System laboratory in the 
        jurisdiction of the State law enforcement agency requesting 
        information related to such match.
    (b) Report.--Not later than one year after the date of the 
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 State law 
        enforcement agencies.
            (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 180 days after the date of the 
enactment of this Act, the Attorney General shall issue regulations to 
carry out this section.
    (d) Definitions.--In this section:
            (1) 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.
            (2) The term ``familial match'' means--
                    (A) a match of at least 1 shared allele at 15 loci 
                between a DNA profile in the offender index and a DNA 
                sample collected at a crime scene; or
                    (B) any other genetic association the Attorney 
                General determines is sufficient to constitute such a 
                match.
            (3) 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).
            (4) 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.