§ 12593. Federal Bureau of Investigation

Footnotes

1. 1 So in original. Probably should be “statutes”.

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 § 210305 · 108 Stat. 1796

   Enacted · 34 U.S.C. § 12593

   Pub. L. 103–322, title XXI, § 210305, Sept. 13, 1994, 108 Stat. 2070

   Source evidence

   Code source credit
   Pub. L. 103–322, title XXI, § 210305, Sept. 13, 1994, 108 Stat. 2070

   Enacted provision · exact public law section
   SEC. 210305. 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 210303. (B) Within 1 year after the date of enactment of this Act, 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 the date of enactment of this Act, 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 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 (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.

2. 2000

   Pub. L. 106–546 § 8(c) · 114 Stat. 2726

   Substituted · 34 U.S.C. § 12593(a)(1)(A)

   Pub. L. 106–546 substituted “semiannual” for “, at regular intervals of not to exceed 180 days,”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 106–546 substituted “semiannual” for “, at regular intervals of not to exceed 180 days,”.

   Enacted provision · exact public law section
   (c) Federal Bureau of Investigation.— Section 210305(a)(1)(A) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14133(a)(1)(A)) is amended by striking “, at regular intervals of not to exceed 180 days,” and inserting “semiannual”.

3. 2004

   Debbie Smith Act of 2004

   Pub. L. 108–405 title II § 203(e)(1) · 118 Stat. 2260

   Substituted · 34 U.S.C. § 12593(c)(2)

   Pub. L. 108–405 substituted “$250,000, or imprisoned for a period of not more than one year, or both” for “$100,000”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 108–405 substituted “$250,000, or imprisoned for a period of not more than one year, or both” for “$100,000”.

   Enacted provision · exact public law section
   (1) Section 210305(c)(2) of the DNA Identification Act of 1994 (42 U.S.C. 14133(c)(2)) is amended by striking “$100,000” and inserting “$250,000, or imprisoned for a period of not more than one year, or both”.

3 of 3 references resolved to an enrolled provision