I 

111TH CONGRESS 

2D SESSION H. R. 6011 

To direct the Attorney General to design and implement a procedure to 

permit enhanced searches of the National DNA Index System. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2010 

Mr. SCHIFF introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To direct the Attorney General to design and implement 

a procedure to permit enhanced searches of the National 

DNA Index System. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Utilizing DNA Tech5 nology to Solve Cold Cases Act of 2010’’. 

6 SEC. 2. ENHANCED SEARCHES. 

7 (a) FAMILIAL SEARCHES.— 

8 (1) IN GENERAL.—Not later than 180 days 

9 after the date of the enactment of this Act, the AtVerDate Mar 15 2010 21:08 Aug 03, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6011.IH H6011

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1 torney General shall adopt policies and procedures in 

2 accordance with this section to ensure that— 

3 (A) the Federal Bureau of Investigation 

4 may conduct familial searches for DNA samples 

5 collected from crime scenes in Federal inves6 tigations; 

7 (B) a State law enforcement agency may 

8 request that the Federal Bureau of Investiga9 tion conduct familial searches for DNA samples 

10 collected from crime scenes in State investiga11 tions; and 

12 (C) the privacy interests of persons identi13 fied in familial searches are carefully protected. 

14 (2) SEARCH REQUIREMENTS.—Familial 

15 searches conducted by the Federal Bureau of Inves16 tigation under this section shall be conducted only 

17 under the following circumstances: 

18 (A) No identical match for the DNA sam19 ple collected from a crime scene can be identi20 fied in the offender index. 

21 (B) The investigation for which DNA sam22 ples are collected at a crime scene involves one 

23 or more of the following offenses under Federal 

24 or State law: 


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1 (i) An offense of murder, voluntary 

2 manslaughter, or any attempt to commit 

3 murder or voluntary manslaughter. 

4 (ii) A specified offense against a 

5 minor (as such term is defined in section 

6 111(7) of the Sex Offender Registration 

7 and Notification Act (42 U.S.C. 

8 16911(7))), or an attempt to commit such 

9 a specified offense. 

10 (iii) An offense or attempt to commit 

11 an offense that— 

12 (I) involves a sexual act or sexual 

13 contact with another; and 

14 (II) is punishable by imprison15 ment for more than one year. 

16 (3) REQUESTING STATE LAW ENFORCEMENT

17 AGENCY.—A State law enforcement agency making 

18 a request for a familial search under this section 

19 shall— 

20 (A) before making such request, have in 

21 place a written policy that— 

22 (i) establishes the criteria and proce23 dures for requesting a familial search and 

24 for evaluating a familial match; and 


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1 (ii) is consistent with any regulations 

2 issued by the Attorney General pursuant to 

3 this section; and 

4 (B) each time a familial search request is 

5 made, make such policy available to the Attor6 ney General. 

7 (4) REPORTING OF MATCHES.—Any familial 

8 match resulting from a request for a familial search 

9 that complies with the requirements of this section 

10 shall be reported to a laboratory authorized as a 

11 Combined DNA Index System laboratory in the ju12 risdiction of the State law enforcement agency re13 questing information related to such match. 

14 (b) REPORT.—Not later than one year after the date 

15 of the enactment of this Act, and annually thereafter, the 

16 Attorney General shall submit to the chair and ranking 

17 member of the Committee on the Judiciary of the House 

18 of Representatives and the Committee on the Judiciary 

19 of the Senate a report on compliance with this section. 

20 Each such report shall contain the following information: 

21 (1) The number of familial searches requested 

22 by State law enforcement agencies. 

23 (2) The number of familial searches conducted 

24 under this section. 


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1 (3) The number of familial matches found as a 

2 result of such searches. 

3 (4) The status of any case in which such a fa4 milial match was found. 

5 (c) REGULATIONS.—Not later than 180 days after 

6 the date of the enactment of this Act, the Attorney Gen7 eral shall issue regulations to carry out this section. 

8 (d) DEFINITIONS.—In this section: 

9 (1) The term ‘‘familial search’’ means a search 

10 of the offender index in which a DNA sample from 

11 an unknown source collected from a crime scene is 

12 compared to such offender index to determine if a 

13 familial match exists between the DNA profile con14 tained in such index and the DNA sample collected 

15 from the crime scene. 

16 (2) The term ‘‘familial match’’ means— 

17 (A) a match of at least 1 shared allele at 

18 15 loci between a DNA profile in the offender 

19 index and a DNA sample collected at a crime 

20 scene; or 

21 (B) any other genetic association the At22 torney General determines is sufficient to con23 stitute such a match. 

24 (3) The term ‘‘offender index’’ means the data25 base containing information on individuals convicted 


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1 of sex offenses and other violent crimes in the Na2 tional DNA Index System established under section 

3 210304 of the Violent Crime Control and Law En4 forcement Act of 1994 (Public Law 103–322, 108 

5 Stat. 1796). 

6 (4) The term ‘‘State’’ means each of the several 

7 States, the District of Columbia, the Commonwealth 

8 of Puerto Rico, the United States Virgin Islands, 

9 American Samoa, Guam, and the Commonwealth of 

10 the Northern Mariana Islands. 

Æ 


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