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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 impris-
onment 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 Is-
lands, American Samoa, Guam, and the Common-
wealth of the Northern Mariana Islands. 
SEC. 3. GRANTS TO STATES TO IMPLEMENT DNA ARRESTEE 
COLLECTION PROCESSES. 
(a) IN GENERAL.—The Attorney General shall, sub-
ject 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 re-
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quirements specified by the Attorney General, a 
State shall submit to the Attorney General an appli-
cation that demonstrates that it has statutory au-
thorization for the implementation of a DNA ar-
restee collection process. 
(2) NON-SUPPLANTING FUNDS.—An application 
submitted under paragraph (1) by a State shall in-
clude assurances that the amounts received under 
the grant under this section shall be used to supple-
ment, not supplant, State funds that would other-
wise be available for the purpose described in sub-
section (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 im-
plementation 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 pro-
jected costs that will be incurred by the State to im-
plement a DNA arrestee collection process. Subject 
to paragraph (2), the Attorney General shall retain 
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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 ar-
restee 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 pro-
file 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. 
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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 inclu-
sion 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 pursu-
ant 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 Elimi-
nation Act of 2000 (42 U.S.C. 14135(a)) is amended by 
adding at the end the following new paragraph: 
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‘‘(6) To implement a DNA arrestee collection 
process consistent with the Katie Sepich Enhanced 
DNA Collection Act of 2012.’’. 
Passed the House of Representatives December 18, 
2012. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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