42-U.S.C.-14133
§14133 – Federal Bureau of Investigation
Pathway
Title 42 > Chapter 136 > Subchapter IX > Part A > Section 14133
Details
- Reference: Section 14133
- Legend: §14133 – Federal Bureau of Investigation
- USCode Year: 2011
Provision Content
(a) Proficiency testing requirements
(1) Generally
(A) Personnel at the Federal Bureau of Investigation who perform DNA analyses shall undergo semiannual 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 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 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 $250,000, or imprisoned for a period of not more than one year, or both.
(Pub. L. 103–322, title XXI, §210305, Sept. 13, 1994, 108 Stat. 2070; Pub. L. 106–546, §8(c), Dec. 19, 2000, 114 Stat. 2735; Pub. L. 108–405, title II, §203(e)(1), Oct. 30, 2004, 118 Stat. 2270.)
Amendments
2004—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”.
2000—Subsec. (a)(1)(A). Pub. L. 106–546 substituted “semiannual” for “, at regular intervals of not to exceed 180 days,”.
U.S. Encyclopedia of Law Coverage
42-U.S.C.-13925 in the Legal Encyclopedia: Crime Control
In this entry about 42-U.S.C.-13925, find legal reference material, bibliographies and premiere content related to crime control in the American Encyclopedia of Law, presenting a comprehensive view of the United States crime control-specific issues, written by authorities in the field.
42-U.S.C.-14044E in the Legal Encyclopedia: Violent Crime Control
In this entry about 42-U.S.C.-14044E, find legal reference material, bibliographies and premiere content related to violent crime control in the American Encyclopedia of Law, presenting a comprehensive view of the United States violent crime control-specific issues, written by authorities in the field.
42-U.S.C.-14132 in the Legal Encyclopedia: Law Enforcement
In this entry about 42-U.S.C.-14132, find legal reference material, bibliographies and premiere content related to law enforcement in the American Encyclopedia of Law, presenting a comprehensive view of the United States law enforcement-specific issues, written by authorities in the field.
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