
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-546 Section 6(b)]
[CITE: 42USC14132]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
 
             SUBCHAPTER IX--STATE AND LOCAL LAW ENFORCEMENT
 
                       Part A--DNA Identification
 
Sec. 14132. Index to facilitate law enforcement exchange of DNA 
        identification information
        

(a) Establishment of index

    The Director of the Federal Bureau of Investigation may establish an 
index of--
        (1) DNA identification records of persons convicted of crimes;
        (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) Information

    The index described in subsection (a) of this section 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 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 14131 of this title;
        (2) prepared by laboratories, and DNA analysts, that undergo, at 
    regular intervals of not to exceed 180 days, external proficiency 
    testing by a DNA proficiency testing program meeting the standards 
    issued under section 14131 of this title; and
        (3) maintained by Federal, State, and local criminal justice 
    agencies 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

    Access to the index established by this section is subject to 
cancellation if the quality control and privacy requirements described 
in subsection (b) of this section are not met.

(Pub. L. 103-322, title XXI, Sec. 210304, Sept. 13, 1994, 108 Stat. 
2069; Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title I, Sec. 120], Nov. 
29, 1999, 113 Stat. 1535, 1501A-23.)


                               Amendments

    1999--Subsec. (a)(4). Pub. L. 106-113 added par. (4).

                  Section Referred to in Other Sections

    This section is referred to in sections 14134, 14214 of this title.
