PUBLIC LAW 112–253—JAN. 10, 2013 126 STAT. 2407 

Public Law 112–253 

112th Congress 

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. 

42 USC 14137. 

42 USC 13701 

note. 

Katie Sepich 

Enhanced DNA 

Collection Act of 

2012. 

Jan. 10, 2013 

[H.R. 6014] 


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126 STAT. 2408 PUBLIC LAW 112–253—JAN. 10, 2013 

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. 

Applicability. 

42 USC 14137b. 

Determination. 

Deadline. 

Notification. 

Criteria. 

Web posting. 

Notification. 

Procedures. 

42 USC 14137a. 


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PUBLIC LAW 112–253—JAN. 10, 2013 126 STAT. 2409 

LEGISLATIVE HISTORY—H.R. 6014: 

CONGRESSIONAL RECORD, Vol. 158 (2012): 

Dec. 18, considered and passed House. 

Dec. 28, considered and passed Senate. 

Æ 

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.’’. 

Approved January 10, 2013. 

42 USC 14137c. 


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