§ 12592. Index to facilitate law enforcement exchange of DNA identification information

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   DNA Identification Act of 1994

   Pub. L. 103–322 title XXI § 210304 · 108 Stat. 1796

   Enacted · 34 U.S.C. § 12592

   Pub. L. 103–322, title XXI, § 210304, Sept. 13, 1994, 108 Stat. 2069

   Source evidence

   Code source credit
   Pub. L. 103–322, title XXI, § 210304, Sept. 13, 1994, 108 Stat. 2069

   Enacted provision · exact public law section
   SEC. 210304. 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; and (3) analyses of DNA samples recovered from unidentified human remains. (b) Information.— The 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 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 210303; (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 210303; 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) are not met.

2. 1999

   District of Columbia Appropriations Act, 2000

   Pub. L. 106–113 div. B § 1000(a)(1)(tI)(s120) · 113 Stat. 1501

   Added · 34 U.S.C. § 12592(a)(4)

   Pub. L. 106–113 added par. (4)

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 106–113 added par. (4).

3. 2000

   Pub. L. 106–546 § 6(b)(1) · 114 Stat. 2726

   Inserted · 34 U.S.C. § 12592(b)(1)

   Pub. L. 106–546, § 6(b)(1), inserted “(or the Secretary of Defense in accordance with section 1565 of title 10)” after “criminal justice agency”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 106–546, § 6(b)(1), inserted “(or the Secretary of Defense in accordance with section 1565 of title 10)” after “criminal justice agency”.

   Enacted provision · exact public law section
   (1) in subsection (b)(1), by inserting after “criminal justice agency” the following: “(or the Secretary of Defense in accordance with section 1565 of title 10, United States Code)”;

4. 2000

   Pub. L. 106–546 § 6(b)(2) · 114 Stat. 2726

   Substituted · 34 U.S.C. § 12592(b)(2)

   Pub. L. 106–546, § 6(b)(2), substituted “semiannual” for “, at regular intervals of not to exceed 180 days,”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 106–546, § 6(b)(2), substituted “semiannual” for “, at regular intervals of not to exceed 180 days,”.

   Enacted provision · exact public law section
   (2) in subsection (b)(2), by striking “, at regular intervals of not to exceed 180 days,” and inserting “semiannual”;

5. 2000

   Pub. L. 106–546 § 6(b)(3) · 114 Stat. 2726

   Inserted · 34 U.S.C. § 12592(b)(3)

   Pub. L. 106–546, § 6(b)(3), inserted “(or the Secretary of Defense in accordance with section 1565 of title 10)” after “criminal justice agencies” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 106–546, § 6(b)(3), inserted “(or the Secretary of Defense in accordance with section 1565 of title 10)” after “criminal justice agencies” in introductory provisions.

   Enacted provision · exact public law section
   (3) in subsection (b)(3), by inserting after “criminal justice agencies” in the matter preceding subparagraph (A) the following: “(or the Secretary of Defense in accordance with section 1565 of title 10, United States Code)”; and

6. 2000

   Pub. L. 106–546 § 6(b)(4) · 114 Stat. 2726

   Added · 34 U.S.C. § 12592(d)

   Pub. L. 106–546, § 6(b)(4), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 106–546, § 6(b)(4), added subsec. (d).

   Enacted provision · exact public law section
   (4) by adding at the end the following new subsection: “(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 on the basis of a qualifying Federal offense or a qualifying District of Columbia offense (as determined under sections 3 and 4 of the DNA Analysis Backlog Elimination Act of 2000, 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. “(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 3 of the DNA Analysis Backlog Elimination Act of 2000. “(ii) A qualifying District of Columbia offense, as determined under section 4 of the DNA Analysis Backlog Elimination Act of 2000. “(iii) A qualifying military offense, as determined under section 1565 of title 10, United States Code. “(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 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. “(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.”.

7. 2004

   Debbie Smith Act of 2004

   Pub. L. 108–405 § 203(a)(1) · 118 Stat. 2260

   1. Substituted · 34 U.S.C. § 12592(a)(1)

      Pub. L. 108–405, § 203(a)(1), substituted “of—” for “of persons convicted of crimes;”

   2. Added · 34 U.S.C. § 12592(a)(1)

      Pub. L. 108–405, § 203(a)(1), added subpars (A) to (C)

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 108–405, § 203(a)(1), substituted “of—” for “of persons convicted of crimes;” and added subpars (A) to (C).

   Enacted provision · exact public law section
   (1) in subsection (a)(1), by striking “of persons convicted of crimes;” and inserting the following: “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 profiles from arrestees who have not been charged in an indictment or information with a crime, and DNA samples that are voluntarily submitted solely for elimination purposes shall not be included in the National DNA Index System;” ; and

8. 2004

   DNA Sexual Assault Justice Act of 2004

   Pub. L. 108–405 § 302 · 118 Stat. 2260

   Amended · 34 U.S.C. § 12592(b)(2)

   Pub. L. 108–405, § 302, amended par. (2) generally. Prior to amendment, par. (2) read as follows: “prepared by laboratories, and DNA analysts, that undergo semiannual external proficiency testing by a DNA proficiency testing program meeting the standards issued under section 14131 of this title; and”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 108–405, § 302, amended par. (2) generally. Prior to amendment, par. (2) read as follows: “prepared by laboratories, and DNA analysts, that undergo semiannual external proficiency testing by a DNA proficiency testing program meeting the standards issued under section 14131 of this title; and”.

   Enacted provision · exact public law section
   SEC. 302. ENSURING PUBLIC CRIME LABORATORY COMPLIANCE WITH FEDERAL STANDARDS.   Section 210304(b)(2) of the DNA Identification Act of 1994 (42 U.S.C. 14132(b)(2)) is amended to read as follows: “(2) prepared by laboratories that— “(A) Deadline. not later than 2 years after the date of enactment of the DNA Sexual Assault Justice Act of 2004, 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 “(B) 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; and” .

9. 2004

   Debbie Smith Act of 2004

   Pub. L. 108–405 § 203(a)(2)(B) · 118 Stat. 2260

   Substituted · 34 U.S.C. § 12592(d)(2)(A)

   Pub. L. 108–405, § 203(a)(2)(B), (C), which directed that subsection (d)(2) be amended by substituting “; or” for period at end and by adding cl. (ii) at end, was executed by making the amendment to subpar. (A) of subsec. (d)(2) to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (d)(2)(A). Pub. L. 108–405, § 203(a)(2)(B), (C), which directed that subsection (d)(2) be amended by substituting “; or” for period at end and by adding cl. (ii) at end, was executed by making the amendment to subpar. (A) of subsec. (d)(2) to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (B) by striking the period at the end and inserting “; or”; and

10. 2004

    Debbie Smith Act of 2004

    Pub. L. 108–405 § 203(a)(2)(A) · 118 Stat. 2260

    1. Substituted · 34 U.S.C. § 12592(d)(2)(A)

       Pub. L. 108–405, § 203(a)(2)(A), substituted “if—” for “if”

    2. Inserted · 34 U.S.C. § 12592(d)(2)(A)

       Pub. L. 108–405, § 203(a)(2)(A), inserted cl. (i) designation before “the responsible agency”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 108–405, § 203(a)(2)(A), substituted “if—” for “if” and inserted cl. (i) designation before “the responsible agency”.

    Enacted provision · exact public law section
    (A) by striking “if the responsible agency” and inserting “if— “(i) the responsible agency” ;

11. 2004

    Debbie Smith Act of 2004

    Pub. L. 108–405 § 203(d) · 118 Stat. 2260

    Added · 34 U.S.C. § 12592(e)

    Pub. L. 108–405, § 203(d), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 108–405, § 203(d), added subsec. (e).

    Enacted provision · exact public law section
    (d) Keyboard Searches.— Section 210304 of the DNA Identification Act of 1994 (42 U.S.C. 14132), as amended by subsection (a), is further amended by adding at the end the following new subsection: “(e) Authority for Keyboard Searches.— “(1) In general.— The Director shall ensure that any person who is authorized to access the index described in subsection (a) for purposes of including information on DNA identification records or DNA analyses in that index may also access that index for purposes of carrying out a one-time keyboard search on information obtained from any DNA sample lawfully collected for a criminal justice purpose except for a DNA sample voluntarily submitted solely for elimination purposes. “(2) Definition.— For purposes of paragraph (1), the term ‘keyboard search’ means a search under which information obtained from a DNA sample is compared with information in the index without resulting in the information obtained from a DNA sample being included in the index. “(3) No preemption.— This subsection shall not be construed to preempt State law.

12. 2006

    DNA Fingerprint Act of 2005

    Pub. L. 109–162 § 1002(1) · 119 Stat. 2960

    Struck · 34 U.S.C. § 12592(a)(1)(C)

    Pub. L. 109–162, § 1002(1), struck out “DNA profiles from arrestees who have not been charged in an indictment or information with a crime, and” after “provided that”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C). Pub. L. 109–162, § 1002(1), struck out “DNA profiles from arrestees who have not been charged in an indictment or information with a crime, and” after “provided that”.

    Enacted provision · exact public law section
    (1) in subsection (a)(1)(C), by striking “DNA profiles” and all that follows through “, and”;

13. 2006

    DNA Fingerprint Act of 2005

    Pub. L. 109–162 § 1002(2) · 119 Stat. 2960

    1. Added · 34 U.S.C. § 12592(d)(1)(A)

       Pub. L. 109–162, § 1002(2), added subpar. (A)

    2. Struck · 34 U.S.C. § 12592(d)(1)(A)

       Pub. L. 109–162, § 1002(2), struck out former subpar. (A), which read as follows: “The Director of the Federal Bureau of Investigation shall promptly expunge from the index described in subsection (a) of this section the DNA analysis of a person included in the index on the basis of a qualifying Federal offense or a qualifying District of Columbia offense (as determined under sections 14135a and 14135b 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.”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(A). Pub. L. 109–162, § 1002(2), added subpar. (A) and struck out former subpar. (A), which read as follows: “The Director of the Federal Bureau of Investigation shall promptly expunge from the index described in subsection (a) of this section the DNA analysis of a person included in the index on the basis of a qualifying Federal offense or a qualifying District of Columbia offense (as determined under sections 14135a and 14135b 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.”

    Enacted provision · exact public law section
    (2) in subsection (d)(1), by striking subparagraph (A), and inserting the following: “(A) Certification. 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 3 and 4 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a, 14135b), 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.” ;

14. 2006

    DNA Fingerprint Act of 2005

    Pub. L. 109–162 § 1002(3) · 119 Stat. 2960

    Substituted · 34 U.S.C. § 12592(d)(2)(A)(ii)

    Pub. L. 109–162, § 1002(3), substituted “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.” for “all charges for which the analysis was or could have been included in the index have been dismissed or resulted in acquittal.”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(A)(ii). Pub. L. 109–162, § 1002(3), substituted “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.” for “all charges for which the analysis was or could have been included in the index have been dismissed or resulted in acquittal.”

    Enacted provision · exact public law section
    (3) Certification. in subsection (d)(2)(A)(ii), by striking “all charges for” and all that follows, and inserting the following: “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.”; and

15. 2006

    DNA Fingerprint Act of 2005

    Pub. L. 109–162 § 1002(4) · 119 Stat. 2960

    Struck · 34 U.S.C. § 12592(e)

    Pub. L. 109–162, § 1002(4), struck out heading and text of subsec. (e). Prior to amendment, text related to authority for keyboard searches

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 109–162, § 1002(4), struck out heading and text of subsec. (e). Prior to amendment, text related to authority for keyboard searches.

    Enacted provision · exact public law section
    (4) by striking subsection (e).

16. 2017

    Rapid DNA Act of 2017

    Pub. L. 115–50 § 2(b) · 131 Stat. 1001

    Amended · 34 U.S.C. § 12592(b)(2)

    Pub. L. 115–50 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “prepared by laboratories that—

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 115–50 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “prepared by laboratories that—

    “(A) not later than 2 years after October 30, 2004, 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 “(B) 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; and”.

    Enacted provision · exact public law section
    (b) Index.— Paragraph (2) of section 210304(b) of the DNA Identification Act of 1994 (42 U.S.C. 14132(b)(2)) is amended to read as follows: “(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 210303(a)(5); and” .

18 of 19 references resolved to an enrolled provision · 1 partial