I 
112TH CONGRESS 
1ST SESSION H. R. 3361 
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 
NOVEMBER 3, 2011 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Utilizing DNA Tech-
nology to Solve Cold Cases Act of 2011’’. 
SEC. 2. ENHANCED SEARCHES. 
(a) FAMILIAL SEARCHES.— 
(1) IN
GENERAL.—Not later than one year 
after the date of enactment of this Act, the Attorney 
VerDate Mar 15 2010 
00:53 Nov 09, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
jbell on DSK7SPTVN1PROD with BILLS
General shall adopt policies and procedures in ac-
cordance 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 inves-
tigations; 
(B) subject to paragraph (5), a CODIS 
State administrator or State attorney general 
may request that the Federal Bureau of Inves-
tigation conduct familial searches for DNA 
samples collected from crime scenes in State in-
vestigations; and 
(C) the privacy interests of persons identi-
fied in familial searches are carefully protected. 
(2) 
SEARCH
REQUIREMENTS.—Familial 
searches conducted by the Federal Bureau of Inves-
tigation under this section shall be conducted only 
under the following circumstances: 
(A) No identical match for the DNA sam-
ple collected from a crime scene can be identi-
fied in the offender index. 
(B) The investigation for which DNA sam-
ples are collected at a crime scene involves one 
or more of the following offenses under Federal 
or State law: 
VerDate Mar 15 2010 
00:53 Nov 09, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
jbell on DSK7SPTVN1PROD with BILLS
(i) An offense of murder, voluntary 
manslaughter, kidnapping, or any attempt 
to 
commit 
murder, 
voluntary 
man-
slaughter, or kidnapping. 
(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 for which an offender 
would be required, under the Sex Offender 
Registration and Notification Act (42 
U.S.C. 16901 et seq.), to register as a tier 
III sex offender (as defined in section 
111(4) of such Act (42 U.S.C. 16911(4))), 
or an attempt to commit such an offense. 
(3) REQUESTS BY STATES.—A CODIS State 
administrator or State attorney general making a re-
quest 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 proce-
dures for requesting a familial search and 
for evaluating a familial match; 
VerDate Mar 15 2010 
00:53 Nov 09, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
jbell on DSK7SPTVN1PROD with BILLS
(ii) is consistent with any regulations 
issued by the Attorney General pursuant to 
this section; and 
(iii) ensures that the privacy interests 
of persons identified in familial searches 
are carefully protected; and 
(B) each time a familial search request is 
made, make such policy available to the Attor-
ney General. 
(4) STATE ASSURANCES REQUIRED.—A CODIS 
State administrator or a State attorney general may 
request from the Federal Bureau of Investigation fa-
milial searches for DNA samples collected from 
crime scenes in State investigations only if the re-
questing State has provided an assurance to the At-
torney General that— 
(A) the requesting State will take such 
steps as the Attorney General determines to be 
necessary and appropriate to facilitate the in-
vestigation of familial matches from other 
States; and 
(B) the requesting State will investigate 
possible familial matches in the State before re-
questing assistance from other States. 
VerDate Mar 15 2010 
00:53 Nov 09, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
jbell on DSK7SPTVN1PROD with BILLS
(5) 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 the CODIS State administrator 
or State attorney general requesting information re-
lated to such match. 
(b) REPORT.—Not later than 2 years after the date 
of enactment of this Act, and annually thereafter, the At-
torney 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 CODIS State administrators or State attorney 
generals. 
(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 fa-
milial match was found. 
(c) REGULATIONS.—Not later than one year after the 
date of enactment of this Act, the Attorney General shall 
issue regulations to carry out this section. 
VerDate Mar 15 2010 
00:53 Nov 09, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
jbell on DSK7SPTVN1PROD with BILLS
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘CODIS State administrator’’ 
means the individual designated by a State to co-
ordinate and communicate with local CODIS admin-
istrators in the State and to be responsible for enter-
ing data from the State in the National DNA Index 
System, in accordance with the procedures estab-
lished by the National DNA Index System Proce-
dures Board and published by the Federal Bureau 
of Investigation in the NDIS Policies and Proce-
dures. 
(2) 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 con-
tained in such index and the DNA sample collected 
from the crime scene. 
(3) The term ‘‘familial match’’ means a genetic 
association determined by the Attorney General to 
present a high probability of familial relation be-
tween a DNA profile in the offender index and a 
DNA sample collected at a crime scene. 
(4) The term ‘‘offender index’’ means the data-
base containing information on individuals convicted 
VerDate Mar 15 2010 
00:53 Nov 09, 2011
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
jbell on DSK7SPTVN1PROD with BILLS