34 U.S.C. § 12592 — Index to facilitate law enforcement ex-

Page 408 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12592 ty for establishing, or has taken other appro- priate action to ensure that there is estab- lished, not later than 2 years after September 13, 1994, a blind external proficiency testing program for DNA analyses, which shall be available to public and private laboratories performing forensic DNA analyses; (B) a blind external proficiency testing pro- gram for DNA analyses is already readily available to public and private laboratories performing forensic DNA analyses; or (C) it is not feasible to have blind external testing for DNA forensic analyses. (2) As used in this subsection, the term ‘‘blind external proficiency test’’ means a test that is presented to a forensic laboratory through a sec- ond agency and appears to the analysts to in- volve routine evidence. (3) Notwithstanding any other provision of law, the Attorney General shall make available to the Director of the National Institute of Jus- tice during the first fiscal year in which funds are distributed under this subtitle up to $250,000 from the funds available under part X of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 [34 U.S.C. 10511 et seq.] to carry out this subsection. (Pub. L. 103–322, title XXI, § 210303, Sept. 13, 1994, 108 Stat. 2068; Pub. L. 115–50, § 2(a), Aug. 18, 2017, 131 Stat. 1001; Pub. L. 117–286, § 4(a)(211), Dec. 27, 2022, 136 Stat. 4329.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a)(5)(B), probably means the DNA Identification Act of 1994, which is sub- title C (§§ 210301–210306) of title XXI of Pub. L. 103–322, Sept. 13, 1994, 108 Stat. 2065. For complete classification of this Act to the Code, see Short Title of 1994 Act note set out under section 10101 of this title and Tables. The effective date of this Act, referred to in subsec. (c)(1), probably means the date of enactment of Pub. L. 103–322, which was approved Sept. 13, 1994. This subtitle, referred to in subsec. (c)(3), is subtitle C (§§ 210301–210306) of title XXI of Pub. L. 103–322, Sept. 13, 1994, 108 Stat. 2065, known as the DNA Identification Act of 1994. For complete classification of this subtitle to the Code, see Short Title of 1994 Act note set out under section 10101 of this title and Tables. The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (c)(3), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197. Part X of title I of the Act is clas- sified generally to subchapter XXIII (§ 10511 et seq.) of chapter 101 of this title. For complete classification of this Act to the Code, see Short Title of 1968 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 14131 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2022—Subsec. (b)(2). Pub. L. 117–286 substituted ‘‘Sec- tion 1013 of title 5’’ for ‘‘Section 14 of the Federal Advi- sory Committee Act (5 U.S.C. App.)’’. 2017—Subsec. (a)(5). Pub. L. 115–50 added par. (5). § 12592. Index to facilitate law enforcement ex- change of DNA identification information (a) Establishment of index The Director of the Federal Bureau of Inves- tigation may establish an index of— (1) DNA identification records 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 samples that are volun- tarily submitted solely for elimination pur- poses shall not be included in the National DNA Index System; (2) analyses of DNA samples recovered from crime scenes; (3) analyses of DNA samples recovered from unidentified human remains; and (4) analyses of DNA samples voluntarily con- tributed from relatives of missing persons. (b) Information The index described in subsection (a) shall in- clude only information on DNA identification records and DNA analyses that are— (1) based on analyses performed by or on be- half of a criminal justice agency (or the Sec- retary of Defense in accordance with section 1565 of title 10) 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 12591 of this title; (2) prepared by— (A) laboratories that— (i) have been accredited by a nonprofit professional association of persons ac- tively 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 In- vestigation; 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 proce- dures issued by the Director under section 12591(a)(5) of this title; and (3) maintained by Federal, State, and local criminal justice agencies (or the Secretary of Defense in accordance with section 1565 of title 10) pursuant to rules that allow disclo- sure of stored DNA samples and DNA analyses only— (A) to criminal justice agencies for law en- forcement identification purposes; (B) in judicial proceedings, if otherwise ad- missible pursuant to applicable statutes or rules; (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; or (D) if personally identifiable information is removed, for a population statistics data- base, 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 Page 409 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12592 and privacy requirements described in sub- section (b) are not met. (d) Expungement of records (1) By Director (A) The Director of the Federal Bureau of In- vestigation 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 quali- fying Federal offense or a qualifying District of Columbia offense (as determined under sections 40702 and 40703 of this title, respec- tively), if the Director receives, for each conviction of the person of a qualifying of- fense, 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 au- thority 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 dis- missed or has resulted in an acquittal or that no charge was filed within the applica- ble time period. (B) For purposes of subparagraph (A), the term ‘‘qualifying offense’’ means any of the following offenses: (i) A qualifying Federal offense, as deter- mined under section 40702 of this title. (ii) A qualifying District of Columbia of- fense, as determined under section 40703 of this title. (iii) A qualifying military offense, as de- termined under section 1565 of title 10. (C) For purposes of subparagraph (A), a court order is not ‘‘final’’ if time remains for an ap- peal or application for discretionary review with respect to the order. (2) By States (A) As a condition of access to the index de- scribed in subsection (a), a State shall prompt- ly expunge from that index the DNA analysis of a person included in the index by that State if— (i) 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 con- viction has been overturned; or (ii) the person has not been convicted of an offense on the basis of which that analysis was or could have been included in the index, and 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 applica- ble time period. (B) For purposes of subparagraph (A), a court order is not ‘‘final’’ if time remains for an appeal or application for discretionary re- view with respect to the order. (Pub. L. 103–322, title XXI, § 210304, Sept. 13, 1994, 108 Stat. 2069; Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 120], Nov. 29, 1999, 113 Stat. 1535, 1501A–23; Pub. L. 106–546, § 6(b), Dec. 19, 2000, 114 Stat. 2733; Pub. L. 108–405, title II, § 203(a), (d), title III, § 302, Oct. 30, 2004, 118 Stat. 2269, 2270, 2272; Pub. L. 109–162, title X, § 1002, Jan. 5, 2006, 119 Stat. 3084; Pub. L. 115–50, § 2(b), Aug. 18, 2017, 131 Stat. 1001.) Editorial Notes CODIFICATION Section was formerly classified to section 14132 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification. AMENDMENTS 2017—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 asso- ciation of persons actively involved in forensic science that is nationally recognized within the fo- rensic 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’’. 2006—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’’. Subsec. (d)(1)(A). Pub. L. 109–162, § 1002(2), added sub- par. (A) and struck out former subpar. (A), which read as follows: ‘‘The Director of the Federal Bureau of In- vestigation shall promptly expunge from the index de- scribed in subsection (a) of this section the DNA anal- ysis 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 re- ceives, for each conviction of the person of a qualifying offense, a certified copy of a final court order estab- lishing that such conviction has been overturned.’’ Subsec. (d)(2)(A)(ii). Pub. L. 109–162, § 1002(3), sub- stituted ‘‘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.’’ Subsec. (e). Pub. L. 109–162, § 1002(4), struck out head- ing and text of subsec. (e). Prior to amendment, text re- lated to authority for keyboard searches. 2004—Subsec. (a)(1). Pub. L. 108–405, § 203(a)(1), sub- stituted ‘‘of—’’ for ‘‘of persons convicted of crimes;’’ and added subpars (A) to (C). 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 un- dergo semiannual external proficiency testing by a DNA proficiency testing program meeting the stand- ards issued under section 14131 of this title; and’’. 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. 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.