[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6011 Introduced in House (IH)]
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.
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 ``Utilizing DNA Technology to Solve
Cold Cases Act of 2010''.
SEC. 2. ENHANCED SEARCHES.
(a) Familial Searches.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Attorney General shall adopt
policies and procedures in accordance 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 investigations;
(B) a State law enforcement agency may request that
the Federal Bureau of Investigation conduct familial
searches for DNA samples collected from crime scenes in
State investigations; and
(C) the privacy interests of persons identified in
familial searches are carefully protected.
(2) Search requirements.--Familial searches conducted by
the Federal Bureau of Investigation under this section shall be
conducted only under the following circumstances:
(A) No identical match for the DNA sample collected
from a crime scene can be identified in the offender
index.
(B) The investigation for which DNA samples are
collected at a crime scene involves one or more of the
following offenses under Federal or State law:
(i) An offense of murder, voluntary
manslaughter, or any attempt to commit murder
or voluntary manslaughter.
(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 or attempt to commit an
offense that--
(I) involves a sexual act or sexual
contact with another; and
(II) is punishable by imprisonment
for more than one year.
(3) Requesting state law enforcement agency.--A State law
enforcement agency making a request 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 procedures
for requesting a familial search and for
evaluating a familial match; and
(ii) is consistent with any regulations
issued by the Attorney General pursuant to this
section; and
(B) each time a familial search request is made,
make such policy available to the Attorney General.
(4) 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 a laboratory
authorized as a Combined DNA Index System laboratory in the
jurisdiction of the State law enforcement agency requesting
information related to such match.
(b) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Attorney 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 State law
enforcement agencies.
(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 familial match
was found.
(c) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall issue regulations to
carry out this section.
(d) Definitions.--In this section:
(1) 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
contained in such index and the DNA sample collected from the
crime scene.
(2) The term ``familial match'' means--
(A) a match of at least 1 shared allele at 15 loci
between a DNA profile in the offender index and a DNA
sample collected at a crime scene; or
(B) any other genetic association the Attorney
General determines is sufficient to constitute such a
match.
(3) The term ``offender index'' means the database
containing information on individuals convicted of sex offenses
and other violent crimes in the National DNA Index System
established under section 210304 of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322, 108 Stat.
1796).
(4) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands.
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