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34 U.S.C. § 12593 — Federal Bureau of Investigation
Federal law — U.S. Code and appendices · legal_authorities
**(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 12591 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12591&num=0&edition=prelim).
(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 11 So in original. Probably should be “statutes”. 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 res
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Source location: Title 34, Chapter 121, § 12593; chapter-121-violent-crime-control-and-law-enforcement.md
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**(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 12591 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12591&num=0&edition=prelim).
(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 11 So in original. Probably should be “statutes”. 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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 14133 was editorially reclassified as [section 12593 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12593&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14133
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Publication of quality assurance and proficiency testing standards**
(1)
(A) Not later than 180 days after September 13, 1994, the Director of the Federal Bureau of Investigation shall appoint an advisory board on DNA quality assurance methods from among nominations proposed by the head of the National Academy of Sciences and professional societies of crime laboratory officials.
(B) The advisory board shall include as members scientists from State, local, and private forensic laboratories, molecular geneticists and population geneticists not affiliated with a forensic laboratory, and a representative from the National Institute of Standards and Technology.
(C) The advisory board shall develop, and if appropriate, periodically revise, recommended standards for quality assurance, including standards for testing the proficiency of forensic laboratories, and forensic analysts, in conducting analyses of DNA.
(2) The Director of the Federal Bureau of Investigation, after taking into consideration such recommended standards, shall issue (and revise from time to time) standards for quality assurance, including standards for testing the proficiency of forensic laboratories, and forensic analysts, in conducting analyses of DNA.
(3) The standards described in paragraphs (1) and (2) shall specify criteria for quality assurance and proficiency tests to be applied to the various types of DNA analyses used by forensic laboratories. The standards shall also include a system for grading proficiency testing performance to determine whether a laboratory is performing acceptably.
(4) Until such time as the advisory board has made recommendations to the Director of the Federal Bureau of Investigation and the Director has acted upon those recommendations, the quality assur
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 12591
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Federal law — U.S. Code and appendices · legal_authorities
Page 410
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 12593
1 So in original. Probably should be ‘‘statutes’’.
1 So in original. Probably should be ‘‘subsection (a) of this sec-
tion’’.
(ii) at end, was executed by making the amendment to
subpar. (A) of subsec. (d)(2) to reflect the probable in-
tent of Congress.
Pub. L. 108–405, § 203(a)(2)(A), substituted ‘‘if—’’ for
‘‘if’’ and inserted cl. (i) designation before ‘‘the respon-
sible agency’’.
Subsec. (e). Pub. L. 108–405, § 203(d), added subsec. (e).
2000—Subsec. (b)(1). Pub. L. 106–546, § 6(b)(1), inserted
‘‘(or the Secretary of Defense in accordance with sec-
tion 1565 of title 10)’’ after ‘‘criminal justice agency’’.
Subsec. (b)(2). Pub. L. 106–546, § 6(b)(2), substituted
‘‘semiannual’’ for ‘‘, at regular intervals of not to ex-
ceed 180 days,’’.
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 in-
troductory provisions.
Subsec. (d). Pub. L. 106–546, § 6(b)(4), added subsec. (d).
1999—Subsec. (a)(4). Pub. L. 106–113 added par. (4).
§ 12593. Federal Bureau of Investigation
(a) Proficiency testing requirements
(1) Generally
(A) Personnel at the Federal Bureau of In-
vestigation who perform DNA analyses shall
undergo semiannual external proficiency test-
ing by a DNA proficiency testing program
meeting the standards issued under section
12591 of this title.
(B) Within 1 year after September 13, 1994,
the Director of the Federal Bureau of Inves-
tigation shall arrange for periodic blind exter-
nal 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 i
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