Union Calendar No. 21

103D CONGRESS

1ST SESSION H. R. 829

[Report No. 103–45]

A BILL

To amend title I of the Omnibus Crime Control and

other purposes.ment of a DNA identification index; and fority of DNA records; to authorize the establishbe expended to improve the quality and availabilceived by States and units of local government toSafe Streets Act of 1968 to authorize funds reMARCH 29, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 21

103D CONGRESS

1ST SESSION H. R. 829

[Report No. 103–45]

To amend title I of the Omnibus Crime Control and Safe Streets Act of

1968 to authorize funds received by States and units of local government

to be expended to improve the quality and availability of DNA records;

to authorize the establishment of a DNA identification index; and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 4, 1993

Mr. EDWARDS of California (for himself, Mr. HYDE, and Mr. KOPETSKI) introduced the following bill; which was referred to the Committee on the

Judiciary

MARCH 29, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on February 4, 1993]

A BILL

To amend title I of the Omnibus Crime Control and Safe

Streets Act of 1968 to authorize funds received by States

and units of local government to be expended to improve

the quality and availability of DNA records; to authorize

the establishment of a DNA identification index; and

for other purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘DNA Identification Act

5 of 1993’’.

6 SEC. 2. FUNDING TO IMPROVE THE QUALITY AND AVAIL7 ABILITY OF DNA ANALYSES FOR LAW EN8 FORCEMENT IDENTIFICATION PURPOSES.

9 (a) DRUG CONTROL AND SYSTEM IMPROVEMENT

10 GRANT PROGRAM.—Section 501(b) of title I of the Omnibus

11 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

12 3751(b)) is amended—

13 (1) in paragraph (20) by striking ‘‘and’’ at the

14 end,

15 (2) in paragraph (21) by striking the period at

16 the end and inserting ‘‘; and’’, and

17 (3) by adding at the end the following:

18 ‘‘(22) developing or improving in a forensic lab19 oratory a capability to analyze deoxyribonucleic acid

20 (hereinafter in this title referred to as ‘DNA’) for

21 identification purposes.’’.

22 (b) STATE APPLICATIONS.—Section 503(a) of title I

23 of the Omnibus Crime Control and Safe Streets Act of 1968

24 (42 U.S.C. 3753(a)) is amended by adding at the end there25 of the following new paragraph:
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1 ‘‘(12) If any part of a grant made under this

2 part is to be used to develop or improve a DNA anal3 ysis capability in a forensic laboratory, a certifi4 cation that—

5 ‘‘(A) DNA analyses performed at such lab6 oratory will satisfy or exceed then current stand7 ards for a quality assurance program for DNA

8 analysis, issued by the Director of the Federal

9 Bureau of Investigation under section 3 of the

10 DNA Identification Act of 1993;

11 ‘‘(B) DNA samples obtained by, and DNA

12 analyses performed at, such laboratory will be

13 accessible only—

14 ‘‘(i) to criminal justice agencies for

15 law enforcement identification purposes;

16 ‘‘(ii) for criminal defense purposes, to

17 a defendant, who shall have access to sam18 ples and analyses performed in connection

19 with the case in which such defendant is

20 charged; or

21 ‘‘(iii) if personally identifiable infor22 mation is removed, for a population statis23 tics database, for identification research

24 and protocol development purposes, or for

25 quality control purposes; and
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1 ‘‘(C) such laboratory, and each analyst per2 forming DNA analyses at such laboratory, will

3 undergo, at regular intervals of not to exceed 180

4 days, external proficiency testing by a DNA pro5 ficiency testing program meeting the standards

6 issued under section 3 of the DNA Identification

7 Act of 1993.’’.

8 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

9 1001(a) of the Omnibus Crime Control and Safe Streets Act

10 of 1968 (42 U.S.C. 3793(a)) is amended by adding at the

11 end the following:

12 ‘‘(11) There are authorized to be appropriated

13 for each of the fiscal years 1994 through 1998

14 $10,000,000 for grants to the States for DNA analy15 sis.’’.

16 SEC. 3. QUALITY ASSURANCE AND PROFICIENCY TESTING

17 STANDARDS.

18 (a) PUBLICATION OF QUALITY ASSURANCE AND PRO19 FICIENCY TESTING STANDARDS.—(1) Not later than 180

20 days after the date of the enactment of this Act, the Director

21 of the Federal Bureau of Investigation shall appoint an ad22 visory board on DNA quality assurance methods. The Di23 rector shall appoint members of the board from among

24 nominations proposed by the head of the National Academy

25 of Sciences and professional societies of crime laboratory
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1 officials. The advisory board shall include as members sci2 entists from state and local forensic laboratories, molecular

3 geneticists and population geneticists not affiliated with a

4 forensic laboratory, and a representative from the National

5 Institute of Standards and Technology. The advisory board

6 shall develop, and if appropriate, periodically revise, rec7 ommended standards for quality assurance, including

8 standards for testing the proficiency of forensic laboratories,

9 and forensic analysts, in conducting analyses of DNA.

10 (2) The Director of the Federal Bureau of Investiga11 tion, after taking into consideration such recommended

12 standards, shall issue (and revise from time to time) stand13 ards for quality assurance, including standards for testing

14 the proficiency of forensic laboratories, and forensic ana15 lysts, in conducting analyses of DNA.

16 (3) The standards described in paragraphs (1) and (2)

17 shall specify criteria for quality assurance and proficiency

18 tests to be applied to the various types of DNA analyses

19 used by forensic laboratories. The standards shall also in20 clude a system for grading proficiency testing performance

21 to determine whether a laboratory is performing acceptably.

22 (4) Until such time as the advisory board has made

23 recommendations to the Director of the Federal Bureau of

24 Investigation and the Director has acted upon those rec25 ommendations, the quality assurance guidelines adopted by
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1 the technical working group on DNA analysis methods shall

2 be deemed the Director’s standards for purposes of this sec3 tion.

4 (b) ADMINISTRATION OF THE ADVISORY BOARD.—For

5 administrative purposes, the advisory board appointed

6 under subsection (a) shall be considered an advisory board

7 to the Director of the Federal Bureau of Investigation. Sec8 tion 14 of the Federal Advisory Committee Act (5 U.S.C.

9 App.) shall not apply with respect to the advisory board

10 appointed under subsection (a). The board shall cease to

11 exist on the date 5 years after the initial appointments are

12 made to the board, unless the existence of the board is ex13 tended by the Director of the Federal Bureau of Investiga14 tion.

15 SEC. 4. INDEX TO FACILITATE LAW ENFORCEMENT EX16 CHANGE OF DNA IDENTIFICATION INFORMA17 TION

18 (a) IN GENERAL.—The Director of the Federal Bureau

19 of Investigation may establish an index of—

20 (1) DNA identification records of persons con21 victed of crimes;

22 (2) analyses of DNA samples recovered from

23 crime scenes; and

24 (3) analyses of DNA samples recovered from un25 identified human remains.
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1 (b) CONTENT OF INDEX.—Such index may include

2 only information on DNA identification records and DNA

3 analyses that are—

4 (1) based on analyses performed in accordance

5 with publicly available standards that satisfy or ex6 ceed the guidelines for a quality assurance program

7 for DNA analysis, issued by the Director of the Fed8 eral Bureau of Investigation under section 3 of the

9 DNA Identification Act of 1993;

10 (2) prepared by laboratories, and DNA analysts,

11 that undergo, at regular intervals of not to exceed 180

12 days, external proficiency testing by a DNA pro13 ficiency testing program meeting the standards issued

14 under section 3 of the DNA Identification Act of

15 1993; and

16 (3) maintained by Federal, State, and local

17 criminal justice agencies pursuant to rules that allow

18 disclosure of stored DNA samples and DNA analyses

19 only—

20 (A) to criminal justice agencies for law en21 forcement identification purposes;

22 (B) for criminal defense purposes, to a de23 fendant, who shall have access to samples and

24 analyses performed in connection with the case

25 in which such defendant is charged; or
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1 (C) if personally identifiable information is

2 removed, for a population statistics database, for

3 identification research and protocol development

4 purposes, or for quality control purposes.

5 (c) EXCHANGE SUBJECT TO CANCELLATION.—The ex6 change of records authorized by this section is subject to

7 cancellation if the quality control and privacy requirements

8 described in subsection (b) of this section are not met.

9 SEC. 5. FEDERAL BUREAU OF INVESTIGATION

10 (a) PROFICIENCY TESTING REQUIREMENTS.—

11 (1) GENERALLY.—Personnel at the Federal Bu12 reau of Investigation who perform DNA analyses

13 shall undergo, at regular intervals of not to exceed

14 180 days, external proficiency testing by a DNA pro15 ficiency testing program meeting the standards issued

16 under section 3(a). Within one year of the date of en17 actment of this Act, the Director of the Federal Bu18 reau of Investigation shall arrange for periodic blind

19 external tests to determine the proficiency of DNA

20 analysis performed at the Federal Bureau of Inves21 tigation laboratory. As used in this paragraph, the

22 term ‘‘blind external test’’ means a test that is pre23 sented to the laboratory through a second agency and

24 appears to the analysts to involve routine evidence.
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1 (2) REPORT.—For five years after the date of en2 actment of this Act, the Director of the Federal Bu3 reau of Investigation shall submit to the Committees

4 on the Judiciary of the House and Senate an annual

5 report on the results of each of the tests referred to in

6 paragraph (1).

7 (b) PRIVACY PROTECTION STANDARDS.—

8 (1) GENERALLY.—Except as provided in para9 graph (2), the results of DNA tests performed for a

10 Federal law enforcement agency for law enforcement

11 purposes may be disclosed only—

12 (A) to criminal justice agencies for law en13 forcement identification purposes; or

14 (B) for criminal defense purposes, to a de15 fendant, who shall have access to samples and

16 analyses performed in connection with the case

17 in which such defendant is charged.

18 (2) EXCEPTION.—If personally identifiable infor19 mation is removed, test results may be disclosed for

20 a population statistics database, for identification re21 search and protocol development purposes, or for

22 quality control purposes.

23 (c) CRIMINAL PENALTY.—(1) Whoever—

24 (A) by virtue of employment or official position,

25 has possession of, or access to, individually identifi-
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1 able DNA information indexed in a database created

2 or maintained by any Federal law enforcement agen3 cy; and

4 (B) willfully discloses such information in any

5 manner to any person or agency not entitled to re6 ceive it;

7 shall be fined not more than $100,000.

8 (2) Whoever, without authorization, willfully obtains

9 DNA samples or individually identifiable DNA information

10 indexed in a database created or maintained by any Fed11 eral law enforcement agency shall be fined not more than

12 $100,000.

13 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

14 There are authorized to be appropriated to the Federal

15 Bureau of Investigation $4,500,000 for each of fiscal years

16 1994 through 1998 to carry out sections 3, 4, and 5 of this

17 Act.

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