
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(b)]
[CITE: 42USC3796kk-2]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT
 
               SUBCHAPTER XII-L--DNA IDENTIFICATION GRANTS
 
Sec. 3796kk-2. Application requirements

    No grant may be made under this subchapter unless an application has 
been submitted to the Attorney General in which the applicant certifies 
that--
        (1) DNA analyses performed at the laboratory will satisfy or 
    exceed then current standards for a quality assurance program for 
    DNA analysis issued by the Director of the Federal Bureau of 
    Investigation under section 14131 of this title.\1\
---------------------------------------------------------------------------
    \1\ So in original. The period probably should be a semicolon.
---------------------------------------------------------------------------
        (2) DNA samples obtained by and DNA analyses performed at the 
    laboratory shall be made available 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 the 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; 
        and

        (3) the laboratory and each analyst performing DNA analyses at 
    the laboratory shall undergo, at regular intervals not exceeding 180 
    days, external proficiency testing by a DNA proficiency testing 
    program that meets the standards issued under section 14131 of this 
    title.

(Pub. L. 90-351, title I, Sec. 2403, as added Pub. L. 103-322, title 
XXI, Sec. 210302(c)(1)(C), Sept. 13, 1994, 108 Stat. 2066.)
