
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 8(c)]
[CITE: 42USC14133]

 
                 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. 14133. Federal Bureau of Investigation


(a) Proficiency testing requirements

                            (1) Generally

        (A) Personnel at the Federal Bureau of Investigation who perform 
    DNA analyses shall 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.
        (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 \1\ or rules; and
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    \1\ So in original. Probably should be ``statutes''.
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            (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 $100,000.

(Pub. L. 103-322, title XXI, Sec. 210305, Sept. 13, 1994, 108 Stat. 
2070.)

                  Section Referred to in Other Sections

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