Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘DNA Identification Act
of 1993’’.
SEC. 2. FUNDING TO IMPROVE THE QUALITY AND AVAIL-
ABILITY OF DNA ANALYSES FOR LAW EN-
FORCEMENT IDENTIFICATION PURPOSES.
(a) DRUG
CONTROL
AND
SYSTEM
IMPROVEMENT
GRANT PROGRAM.—Section 501(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3751(b)) is amended—
(1) in paragraph (20) by striking ‘‘and’’ at the
end,
(2) in paragraph (21) by striking the period at
the end and inserting ‘‘; and’’, and
(3) by adding at the end the following:
‘‘(22) developing or improving in a forensic lab-
oratory a capability to analyze deoxyribonucleic acid
(hereinafter in this title referred to as ‘DNA’) for
identification purposes.’’.
(b) STATE APPLICATIONS.—Section 503(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3753(a)) is amended by adding at the end there-
of the following new paragraph:
‘‘(12) If any part of a grant made under this
part is to be used to develop or improve a DNA anal-
ysis capability in a forensic laboratory, a certifi-
cation that—
‘‘(A) DNA analyses performed at such lab-
oratory will satisfy or exceed then current stand-
ards for a quality assurance program for DNA
analysis, issued by the Director of the Federal
Bureau of Investigation under section 3 of the
DNA Identification Act of 1993;
‘‘(B) DNA samples obtained by, and DNA
analyses performed at, such laboratory will be
accessible only—
‘‘(i) to criminal justice agencies for
law enforcement identification purposes;
‘‘(ii) for criminal defense purposes, to
a defendant, who shall have access to sam-
ples and analyses performed in connection
with the case in which such defendant is
charged; or
‘‘(iii) if personally identifiable infor-
mation is removed, for a population statis-
tics database, for identification research
and protocol development purposes, or for
quality control purposes; and
‘‘(C) such laboratory, and each analyst per-
forming DNA analyses at such laboratory, will
undergo, at regular intervals of not to exceed 180
days, external proficiency testing by a DNA pro-
ficiency testing program meeting the standards
issued under section 3 of the DNA Identification
Act of 1993.’’.
(c) AUTHORIZATION
OF APPROPRIATIONS.—Section
1001(a) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3793(a)) is amended by adding at the
end the following:
‘‘(11) There are authorized to be appropriated
for each of the fiscal years 1994 through 1998
$10,000,000 for grants to the States for DNA analy-
sis.’’.
SEC. 3. QUALITY ASSURANCE AND PROFICIENCY TESTING
STANDARDS.
(a) PUBLICATION OF QUALITY ASSURANCE AND PRO-
FICIENCY TESTING STANDARDS.—(1) Not later than 180
days after the date of the enactment of this Act, the Director
of the Federal Bureau of Investigation shall appoint an ad-
visory board on DNA quality assurance methods. The Di-
rector shall appoint members of the board from among
nominations proposed by the head of the National Academy
of Sciences and professional societies of crime laboratory
officials. The advisory board shall include as members sci-
entists from state and local forensic laboratories, molecular
geneticists and population geneticists not affiliated with a
forensic laboratory, and a representative from the National
Institute of Standards and Technology. The advisory board
shall develop, and if appropriate, periodically revise, rec-
ommended 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 Investiga-
tion, after taking into consideration such recommended
standards, shall issue (and revise from time to time) stand-
ards for quality assurance, including standards for testing
the proficiency of forensic laboratories, and forensic ana-
lysts, 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 in-
clude 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 rec-
ommendations, the quality assurance guidelines adopted by
the technical working group on DNA analysis methods shall
be deemed the Director’s standards for purposes of this sec-
tion.
(b) ADMINISTRATION OF THE ADVISORY BOARD.—For
administrative purposes, the advisory board appointed
under subsection (a) shall be considered an advisory board
to the Director of the Federal Bureau of Investigation. Sec-
tion 14 of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply with respect to the advisory board
appointed under subsection (a). The board shall cease to
exist on the date 5 years after the initial appointments are
made to the board, unless the existence of the board is ex-
tended by the Director of the Federal Bureau of Investiga-
tion.
SEC. 4. INDEX TO FACILITATE LAW ENFORCEMENT EX-
CHANGE OF DNA IDENTIFICATION INFORMA-
TION
(a) IN GENERAL.—The Director of the Federal Bureau
of Investigation may establish an index of—
(1) DNA identification records of persons con-
victed of crimes;
(2) analyses of DNA samples recovered from
crime scenes; and
(3) analyses of DNA samples recovered from un-
identified human remains.
(b) CONTENT OF INDEX.—Such index may include
only information on DNA identification records and DNA
analyses that are—
(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 analysts,
that undergo, at regular intervals of not to exceed 180
days, external proficiency testing by a DNA pro-
ficiency testing program meeting the standards issued
under section 3 of the DNA Identification 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 analyses
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 development
purposes, or for quality control purposes.
(c) EXCHANGE SUBJECT TO CANCELLATION.—The ex-
change of records authorized by this section is subject to
cancellation if the quality control and privacy requirements
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 Bu-
reau of Investigation who perform DNA analyses
shall undergo, at regular intervals of not to exceed
180 days, external proficiency testing by a DNA pro-
ficiency testing program meeting the standards issued
under section 3(a). Within one year of the date of en-
actment of this Act, the Director of the Federal Bu-
reau of Investigation shall arrange for periodic blind
external tests to determine the proficiency of DNA
analysis performed at the Federal Bureau of Inves-
tigation laboratory. As used in this paragraph, the
term ‘‘blind external test’’ means a test that is pre-
sented 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 en-
actment of this Act, the Director of the Federal Bu-
reau 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 referred 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 enforcement
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 infor-
mation is removed, test results may be disclosed for
a population statistics database, for identification re-
search 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 information
indexed in a database created or maintained by any Fed-
eral law enforcement agency shall be fined not more than
$100,000.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Federal
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.
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