To authorize the Attorney General to award grants for States to implement DNA arrestee collection processes.

Summary: Katie Sepich Enhanced DNA Collection Act of 2012 - Directs the Attorney General to make grants to assist states with the costs associated with the implementation of DNA arrestee collection processes.

Defines "DNA arrestee collection process" to mean a process under which a state provides for the collection, for inclusion in the National DNA Index System, of DNA profiles or DNA data from individuals who are at least 18 years of age who are arrested for or charged under state law with homicide or a criminal offense that is punishable by imprisonment for more than one year involving a sexual act or sexual contact with another, kidnaping or abduction, burglary, or aggravated assault.

Sets forth requirements regarding grant applications and the allocation of grant funds.

Conditions receipt of a grant on a state having a procedure in place to provide written notification of expungement provisions and instructions to all persons who submit a DNA profile or DNA data and on an appropriate public website. Makes expungement requirements under the DNA Identification Act of 1994 applicable to any DNA profile or DNA data collected pursuant to this Act for inclusion in the System.

Amends the DNA Analysis Backlog Elimination Act of 2009 to authorize the Attorney General to make grants to implement a DNA arrestee collection process consistent with this Act.

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.