(1) based on analyses performed in accordance
with publicly available standards that satisfy or ex-
ceed the guidelines for a quality assurance program
for DNA analysis, issued by the Director of the Fed-
eral Bureau of Investigation under section 3 of the
DNA Identification Act of 1993;
(2) prepared by laboratories, and DNA ana-
lysts, that undergo, at regular intervals of not to ex-
ceed 180 days, external proficiency testing by a
DNA proficiency testing program meeting the stand-
ards issued under section 3 of the DNA Identifica-
tion Act of 1993; and
(3) maintained by Federal, State, and local
criminal justice agencies pursuant to rules that allow
disclosure of stored DNA samples and DNA analy-
ses only—
(A) to criminal justice agencies for law en-
forcement identification purposes;
(B) 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
(C) if personally identifiable information is
removed, for a population statistics database,
for identification research and protocol develop-
ment purposes, or for quality control purposes.
(c) EXCHANGE SUBJECT TO CANCELLATION.—The
exchange of records authorized by this section is subject
to cancellation if the quality control and privacy require-
ments described in subsection (b) of this section are not
met.
SEC. 5. FEDERAL BUREAU OF INVESTIGATION
(a) PROFICIENCY TESTING REQUIREMENTS.—
(1) GENERALLY.—Personnel at the Federal
Bureau of Investigation who perform DNA analyses
shall undergo, at regular intervals of not to exceed
180 days, external proficiency testing by a DNA
proficiency testing program meeting the standards
issued under section 3(a). Within one year of the
date of enactment of this Act, the Director of the
Federal Bureau of Investigation shall arrange for
periodic blind external tests to determine the pro-
ficiency of DNA analysis performed at the Federal
Bureau of Investigation laboratory. As used in this
paragraph, the term ‘‘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 five years after the date of
enactment of this Act, the Director of the Federal
Bureau of Investigation shall submit to the Commit-
tees on the Judiciary of the House and Senate an
annual report on the results of each of the tests re-
ferred to in paragraph (1).
(b) PRIVACY PROTECTION STANDARDS.—
(1) GENERALLY.—Except as provided in para-
graph (2), the results of DNA tests performed for
a Federal law enforcement agency for law enforce-
ment purposes may be disclosed only—
(A) to criminal justice agencies for law en-
forcement identification purposes; or
(B) 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 in-
formation 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) Whoever—
(A) by virtue of employment or official position,
has possession of, or access to, individually identifi-
able DNA information indexed in a database created
or maintained by any Federal law enforcement agen-
cy; and
(B) willfully discloses such information in any
manner to any person or agency not entitled to re-
ceive it;
shall be fined not more than $100,000.
(2) Whoever, without authorization, willfully obtains
DNA samples or individually identifiable DNA informa-
tion indexed in a database created or maintained by any
Federal law enforcement agency shall be fined not more
than $100,000.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Fed-
eral Bureau of Investigation $4,500,000 for each of fiscal
years 1994 through 1998 to carry out sections 3, 4, and
5 of this Act.
Passed the House of Representatives March 29,
1993.
Attest:
Clerk.