Title 34, NavyRelease 119-110

§40742 Grants to States to Implement Dna Arrestee Collection Processes

Title 34 › Subtitle IV — Criminal Records and Information › CHAPTER 407 — DNA IDENTIFICATION › SUBCHAPTER III — DNA ARRESTEE COLLECTION PROCESSES › § 40742

Last updated Sep 22, 2026|Official source

Summary

The Attorney General runs a grant program to help states pay for starting or running DNA collection from people who are arrested, as long as money is available. To get a grant, a state must apply and show it has the legal authority to collect DNA, promise the grant will add to (not replace) its own money, and explain how the money will pay for the collection process. The Attorney General will decide award amounts based on the state's projected costs, and a state can get up to 100 percent of its first-year implementation costs. To receive a grant, a state must also have rules that tell people in writing about expungement (how to clear their DNA data) when their DNA is submitted, post the expungement rules and how to request it on a public website, and decide and respond in writing to any expungement request within 90 days.

Full Legal Text

Title 34, §40742

Navy, Source: USLM XML via OLRC

(a)In general
The Attorney General shall, subject to amounts made available pursuant to section 40744 of this title, 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 14137a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Reference

Citations & Metadata

Citation

34 U.S.C. § 40742

Title 34, Navy

Last Updated

Sep 22, 2026

Release point: 119-110