§12593 — Title 34 Navy | U.S. Code

Summary

FBI staff who do DNA work must take outside proficiency tests every six months from a program that meets the required standards. Within 1 year after September 13, 1994, the FBI Director must set up periodic blind external tests to check lab skills. A blind external test is one sent through another agency so it looks like routine evidence. For 5 years after September 13, 1994, the Director must send the House and Senate Judiciary Committees a yearly report on those tests. DNA test results done for federal law enforcement can only be shared with criminal justice agencies for identification, used in court if allowed, or given to a defendant for their defense, including access to samples and analyses in their case. If all personal ID is removed, results can be used for population statistics, research and protocol development, or quality control. It is illegal for someone with authorized access to knowingly give out identifiable DNA info from a federal law enforcement database to people who are not allowed to get it. Someone who, without permission, obtains DNA samples or identifiable DNA info from such a database can be fined up to $250,000, jailed for up to one year, or both.

Title 34, §12593

Navy — Source: USLM XML via OLRC

(a)(1)(A)Personnel at the Federal Bureau of Investigation who perform DNA analyses shall undergo semiannual external proficiency testing by a DNA proficiency testing program meeting the standards issued under section 12591 of this title.

(B)Within 1 year after September 13, 1994, the Director of the Federal Bureau of Investigation shall arrange for periodic blind external tests to determine the proficiency of DNA analysis performed at the Federal Bureau of Investigation laboratory.

(C)In this paragraph, “blind external test” means a test that is presented to the laboratory through a second agency and appears to the analysts to involve routine evidence.

(2)For 5 years after September 13, 1994, the Director of the Federal Bureau of Investigation shall submit to the Committees on the Judiciary of the House and Senate an annual report on the results of each of the tests described in paragraph (1).

(b)(1)Except as provided in paragraph (2), the results of DNA tests performed for a Federal law enforcement agency for law enforcement purposes may be disclosed only—

(A)to criminal justice agencies for law enforcement identification purposes;

(B)in judicial proceedings, if otherwise admissible pursuant to applicable statues 11 So in original. Probably should be “statutes”. or rules; and

(C)for criminal defense purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged.

(2)If personally identifiable information is removed, test results may be disclosed for a population statistics database, for identification research and protocol development purposes, or for quality control purposes.

(c)(1)A person who—

(A)by virtue of employment or official position, has possession of, or access to, individually identifiable DNA information indexed in a database created or maintained by any Federal law enforcement agency; and

(B)knowingly discloses such information in any manner to any person or agency not authorized to receive it,

(2)A person who, without authorization, knowingly obtains DNA samples or individually identifiable DNA information indexed in a database created or maintained by any Federal law enforcement agency shall be fined not more than $250,000, or imprisoned for a period of not more than one year, or both.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 14133 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2004—Subsec. (c)(2). Pub. L. 108–405 substituted “$250,000, or imprisoned for a period of not more than one year, or both” for “$100,000”. 2000—Subsec. (a)(1)(A). Pub. L. 106–546 substituted “semiannual” for “, at regular intervals of not to exceed 180 days,”.

§12593 Federal Bureau of Investigation

Summary

Title 34, §12593

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata