Collapse to view only § 12593. Federal Bureau of Investigation
- § 12591. Quality assurance and proficiency testing standards
- § 12592. Index to facilitate law enforcement exchange of DNA identification information
- § 12593. Federal Bureau of Investigation
§ 12591. Quality assurance and proficiency testing standards
(a) Publication of quality assurance and proficiency testing standards
(1)
(A) Not later than 180 days after September 13, 1994, the Director of the Federal Bureau of Investigation shall appoint an advisory board on DNA quality assurance methods from among nominations proposed by the head of the National Academy of Sciences and professional societies of crime laboratory officials.
(B) The advisory board shall include as members scientists from State, local, and private forensic laboratories, molecular geneticists and population geneticists not affiliated with a forensic laboratory, and a representative from the National Institute of Standards and Technology.
(C) The advisory board shall develop, and if appropriate, periodically revise, recommended standards for quality assurance, including standards for testing the proficiency of forensic laboratories, and forensic analysts, in conducting analyses of DNA.
(2) The Director of the Federal Bureau of Investigation, after taking into consideration such recommended standards, shall issue (and revise from time to time) standards for quality assurance, including standards for testing the proficiency of forensic laboratories, and forensic analysts, in conducting analyses of DNA.
(3) The standards described in paragraphs (1) and (2) shall specify criteria for quality assurance and proficiency tests to be applied to the various types of DNA analyses used by forensic laboratories. The standards shall also include a system for grading proficiency testing performance to determine whether a laboratory is performing acceptably.
(4) Until such time as the advisory board has made recommendations to the Director of the Federal Bureau of Investigation and the Director has acted upon those recommendations, the quality assurance guidelines adopted by the technical working group on DNA analysis methods shall be deemed the Director’s standards for purposes of this section.
(5)
(A) In addition to issuing standards as provided in paragraphs (1) through (4), the Director of the Federal Bureau of Investigation shall issue standards and procedures for the use of Rapid DNA instruments and resulting DNA analyses.
(B) In this Act, the term “Rapid DNA instruments” means instrumentation that carries out a fully automated process to derive a DNA analysis from a DNA sample.
(b) Administration of advisory board
(1) For administrative purposes, the advisory board appointed under subsection (a) shall be considered an advisory board to the Director of the Federal Bureau of Investigation.
(2)Section 1013 of title 5 shall not apply with respect to the advisory board appointed under subsection (a).
(3) The DNA advisory board established under this section shall be separate and distinct from any other advisory board administered by the FBI, and is to be administered separately.
(4) The board shall cease to exist on the date 5 years after the initial appointments are made to the board, unless the existence of the board is extended by the Director of the Federal Bureau of Investigation.
(c) Proficiency testing program
(1) Not later than 1 year after the effective date of this Act,1
1 See References in Text note below.
the Director of the National Institute of Justice shall certify to the Committees on the Judiciary of the House and Senate that—(A) the Institute has entered into a contract with, or made a grant to, an appropriate entity for establishing, or has taken other appropriate action to ensure that there is established, not later than 2 years after September 13, 1994, a blind external proficiency testing program for DNA analyses, which shall be available to public and private laboratories performing forensic DNA analyses;
(B) a blind external proficiency testing program for DNA analyses is already readily available to public and private laboratories performing forensic DNA analyses; or
(C) it is not feasible to have blind external testing for DNA forensic analyses.
(2) As used in this subsection, the term “blind external proficiency test” means a test that is presented to a forensic laboratory through a second agency and appears to the analysts to involve routine evidence.
(3) Notwithstanding any other provision of law, the Attorney General shall make available to the Director of the National Institute of Justice during the first fiscal year in which funds are distributed under this subtitle up to $250,000 from the funds available under part X of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 [34 U.S.C. 10511 et seq.] to carry out this subsection.
(Pub. L. 103–322, title XXI, § 210303, Sept. 13, 1994, 108 Stat. 2068; Pub. L. 115–50, § 2(a), Aug. 18, 2017, 131 Stat. 1001; Pub. L. 117–286, § 4(a)(211), Dec. 27, 2022, 136 Stat. 4329.)
§ 12592. Index to facilitate law enforcement exchange of DNA identification information
(a) Establishment of indexThe Director of the Federal Bureau of Investigation may establish an index of—
(1) DNA identification records of—
(A) persons convicted of crimes;
(B) persons who have been charged in an indictment or information with a crime; and
(C) other persons whose DNA samples are collected under applicable legal authorities, provided that DNA samples that are voluntarily submitted solely for elimination purposes shall not be included in the National DNA Index System;
(2) analyses of DNA samples recovered from crime scenes;
(3) analyses of DNA samples recovered from unidentified human remains; and
(4) analyses of DNA samples voluntarily contributed from relatives of missing persons.
(b) InformationThe index described in subsection (a) shall include only information on DNA identification records and DNA analyses that are—
(1) based on analyses performed by or on behalf of a criminal justice agency (or the Secretary of Defense in accordance with section 1565 of title 10) in accordance with publicly available standards that satisfy or exceed the guidelines for a quality assurance program for DNA analysis, issued by the Director of the Federal Bureau of Investigation under section 12591 of this title;
(2) prepared by—
(A) laboratories that—
(i) have been accredited by a nonprofit professional association of persons actively involved in forensic science that is nationally recognized within the forensic science community; and
(ii) undergo external audits, not less than once every 2 years, that demonstrate compliance with standards established by the Director of the Federal Bureau of Investigation; or
(B) criminal justice agencies using Rapid DNA instruments approved by the Director of the Federal Bureau of Investigation in compliance with the standards and procedures issued by the Director under section 12591(a)(5) of this title; and
(3) maintained by Federal, State, and local criminal justice agencies (or the Secretary of Defense in accordance with section 1565 of title 10) pursuant to rules that allow disclosure of stored DNA samples and DNA analyses only—
(A) to criminal justice agencies for law enforcement identification purposes;
(B) in judicial proceedings, if otherwise admissible pursuant to applicable statutes or rules;
(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; or
(D) if personally identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes.
(c) Failure to comply
(d) Expungement of records
(1) By Director
(A) The Director of the Federal Bureau of Investigation shall promptly expunge from the index described in subsection (a) the DNA analysis of a person included in the index—
(i) on the basis of conviction for a qualifying Federal offense or a qualifying District of Columbia offense (as determined under sections 40702 and 40703 of this title, respectively), if the Director receives, for each conviction of the person of a qualifying offense, a certified copy of a final court order establishing that such conviction has been overturned; or
(ii) on the basis of an arrest under the authority of the United States, if the Attorney General receives, for each charge against the person on the basis of which the analysis was or could have been included in the index, a certified copy of a final court order establishing that such charge has been dismissed or has resulted in an acquittal or that no charge was filed within the applicable time period.
(B) For purposes of subparagraph (A), the term “qualifying offense” means any of the following offenses:
(i) A qualifying Federal offense, as determined under section 40702 of this title.
(ii) A qualifying District of Columbia offense, as determined under section 40703 of this title.
(iii) A qualifying military offense, as determined under section 1565 of title 10.
(C) For purposes of subparagraph (A), a court order is not “final” if time remains for an appeal or application for discretionary review with respect to the order.
(2) By States
(A) As a condition of access to the index described in subsection (a), a State shall promptly expunge from that index the DNA analysis of a person included in the index by that State if—
(i) the responsible agency or official of that State receives, for each conviction of the person of an offense on the basis of which that analysis was or could have been included in the index, a certified copy of a final court order establishing that such conviction has been overturned; or
(ii) the person has not been convicted of an offense on the basis of which that analysis was or could have been included in the index, and the responsible agency or official of that State receives, for each charge against the person on the basis of which the analysis was or could have been included in the index, a certified copy of a final court order establishing that such charge has been dismissed or has resulted in an acquittal or that no charge was filed within the applicable time period.
(B) For purposes of subparagraph (A), a court order is not “final” if time remains for an appeal or application for discretionary review with respect to the order.
(Pub. L. 103–322, title XXI, § 210304, Sept. 13, 1994, 108 Stat. 2069; Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 120], Nov. 29, 1999, 113 Stat. 1535, 1501A–23; Pub. L. 106–546, § 6(b), Dec. 19, 2000, 114 Stat. 2733; Pub. L. 108–405, title II, § 203(a), (d), title III, § 302, Oct. 30, 2004, 118 Stat. 2269, 2270, 2272; Pub. L. 109–162, title X, § 1002, Jan. 5, 2006, 119 Stat. 3084; Pub. L. 115–50, § 2(b), Aug. 18, 2017, 131 Stat. 1001.)
§ 12593. Federal Bureau of Investigation
(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
(b) Privacy protection standards
(1) GenerallyExcept 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 1
1 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) Exception
(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.
(Pub. L. 103–322, title XXI, § 210305, Sept. 13, 1994, 108 Stat. 2070; Pub. L. 106–546, § 8(c), Dec. 19, 2000, 114 Stat. 2735; Pub. L. 108–405, title II, § 203(e)(1), Oct. 30, 2004, 118 Stat. 2270.)