PRIA, Government Policy, Made Personal

Summary

FBI staff who do DNA testing must take outside proficiency tests twice a year using a program that meets FBI standards. Within 1 year after September 13, 1994, the FBI Director must start regular blind external tests — tests sent through another agency that look like routine evidence to the lab. For 5 years after September 13, 1994, the Director must send annual reports to the House and Senate Judiciary Committees with the test results. DNA results done for federal law enforcement can only be shared with criminal justice agencies for ID, used in court if allowed, and given to a defendant for their defense, including samples and analyses from their case. If personal identifiers are removed, results may be shared for population statistics, research, or quality control. An authorized person who knowingly shares identifiable DNA wrongfully can be fined up to $100,000. Anyone who wrongfully gets DNA samples or identifiable DNA from a federal law enforcement database can be fined up to $250,000, jailed up to one year, or both.

Title 34, §12593

Navy, Source: USLM XML via OLRC

(a)Proficiency testing requirements

(1)Generally

(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)Report

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)Privacy protection standards

(1)Generally

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 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)Exception

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)Criminal penalty

(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,

shall be fined not more than $100,000.

(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