---
kind: "section"
citation: "34 U.S.C. § 40742"
title: "34"
title_heading: "Crime Control and Law Enforcement"
number: "40742"
heading: "Grants to States to implement DNA arrestee collection processes"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/34/40742"
units:
  - "Subtitle IV — Criminal Records and Information"
  - "Chapter 407 — Dna Identification"
  - "Subchapter III — Dna Arrestee Collection Processes"
---

# §40742. Grants to States to implement DNA arrestee collection processes

- (a) **In general—** The Attorney General shall, subject to amounts made available pursuant to [section 40744 of this title](/usc/34/40744.md), carry out a grant program for the purpose of assisting [States](/usc/34/40741.md?p=2) with the costs associated with the implementation of [DNA arrestee collection processes](/usc/34/40741.md?p=1).
- (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](/usc/34/40741.md?p=2) shall submit to the Attorney General an application that demonstrates that it has statutory authorization for the implementation of a [DNA arrestee collection process](/usc/34/40741.md?p=1).
  - (2) **Non-supplanting funds—** An application submitted under [paragraph (1)](#b-1) by a [State](/usc/34/40741.md?p=2) shall include assurances that the amounts received under the grant under this section shall be used to supplement, not supplant, [State](/usc/34/40741.md?p=2) funds that would otherwise be available for the purpose described in [subsection (a)](#a).
  - (3) **Other requirements—** The Attorney General shall require a [State](/usc/34/40741.md?p=2) seeking a grant under this section to document how such [State](/usc/34/40741.md?p=2) will use the grant to meet expenses associated with a [State](/usc/34/40741.md?p=2)’s implementation or planned implementation of a [DNA arrestee collection process](/usc/34/40741.md?p=1).
- (c) **Grant allocation—**
  - (1) **In general—** The amount available to a [State](/usc/34/40741.md?p=2) under this section shall be based on the projected costs that will be incurred by the [State](/usc/34/40741.md?p=2) to implement a [DNA arrestee collection process](/usc/34/40741.md?p=1). Subject to [paragraph (2)](#c-2), the Attorney General shall retain discretion to determine the amount of each such grant awarded to an eligible [State](/usc/34/40741.md?p=2).
  - (2) **Maximum grant allocation—** In the case of a [State](/usc/34/40741.md?p=2) seeking a grant under this section with respect to the implementation of a [DNA arrestee collection process](/usc/34/40741.md?p=1), such [State](/usc/34/40741.md?p=2) 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](/usc/34/40741.md?p=2) of implementing such process.
- (d) **Grant conditions—** As a condition of receiving a grant under this section, a [State](/usc/34/40741.md?p=2) 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.

## Source credit

(Pub. L. 112–253, § 3, Jan. 10, 2013, 126 Stat. 2408.)

## Notes

### 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.