34 U.S.C. § 12593 — Federal Bureau of Investigation

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 is presented to the labora- tory through a second agency and appears to the analysts to involve routine evidence. (2) Report For 5 years after September 13, 1994, the Di- rector of the Federal Bureau of Investigation shall submit to the Committees on the Judici- ary 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 re- sults of DNA tests performed for a Federal law enforcement agency for law enforcement pur- poses may be disclosed only— (A) to criminal justice agencies for law en- forcement identification purposes; (B) in judicial proceedings, if otherwise ad- missible pursuant to applicable statues 1 or rules; and (C) for criminal defense purposes, to a de- fendant, 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 re- moved, test results may be disclosed for a pop- ulation 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 posi- tion, has possession of, or access to, individ- ually identifiable DNA information indexed in a database created or maintained by any Fed- eral law enforcement agency; and (B) knowingly discloses such information in any manner to any person or agency not au- thorized 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 data- base 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.) Editorial Notes CODIFICATION Section was formerly classified to section 14133 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. 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 ex- ceed 180 days,’’. PART B—POLICE PATTERN OR PRACTICE § 12601. Cause of action (a) Unlawful conduct It shall be unlawful for any governmental au- thority, or any agent thereof, or any person act- ing on behalf of a governmental authority, to engage in a pattern or practice of conduct by law enforcement officers or by officials or em- ployees of any governmental agency with re- sponsibility for the administration of juvenile justice or the incarceration of juveniles that de- prives persons of rights, privileges, or immuni- ties secured or protected by the Constitution or laws of the United States. (b) Civil action by Attorney General Whenever the Attorney General has reason- able cause to believe that a violation of para- graph (1) 1 has occurred, the Attorney General, for or in the name of the United States, may in a civil action obtain appropriate equitable and declaratory relief to eliminate the pattern or practice. (Pub. L. 103–322, title XXI, § 210401, Sept. 13, 1994, 108 Stat. 2071.) Editorial Notes CODIFICATION Section was formerly classified to section 14141 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section.