dreamproit/uscode huggingface dataset:
42 U.S.C. § 14118 (THE PUBLIC HEALTH AND WELFARE)
§ 14118. Scholarship agreement
(a) In general
A person who receives a scholarship under this part shall enter into an agreement with the Director.
(b) Contents
An agreement described in subsection (a) of this section shall—
(1) provide assurances that the scholarship recipient will work in a law enforcement position in the State that awarded the scholarship in accordance with the service obligation described in subsection (c) of this section after completion of the scholarship recipient’s academic courses leading to an associate, bachelor, or graduate degree;
(2) provide assurances that the scholarship recipient will repay the entire scholarship in accordance with such terms and conditions as the Director shall prescribe if the requirements of the agreement are not complied with, unless the scholarship recipient—
(A) dies;
(B) becomes physically or emotionally disabled, as established by the sworn affidavit of a qualified physician; or
(C) has been discharged in bankruptcy; and
(3) set forth the terms and conditions under which the scholarship recipient may seek employment in the field of law enforcement in a State other than the State that awarded the scholarship.
(c) Service obligation
(1) In general
Except as provided in paragraph (2), a person who receives a scholarship under this part shall work in a law enforcement position in the State that awarded the scholarship for a period of 1 month for each credit hour for which funds are received under the scholarship.
(2) Special rule
For purposes of satisfying the requirement of paragraph (1), a scholarship recipient shall work in a law enforcement position in the State that awarded the scholarship for not less than 6 months but shall not be required to work in such a position for more than 2 years.
(Pub. L. 103–322, title XX, § 200209, Sept. 13, 1994, 108 Stat. 2060.)
42 U.S.C. § 14119 (THE PUBLIC HEALTH AND WELFARE)
§ 14119. Authorization of appropriations
(a) General authorization of appropriations
There are authorized to be appropriated to carry out this part—
(1) $20,000,000 for fiscal year 1996;
(2) $20,000,000 for fiscal year 1997;
(3) $20,000,000 for fiscal year 1998;
(4) $20,000,000 for fiscal year 1999; and
(5) $20,000,000 for fiscal year 2000.
(b) Uses of funds
Of the funds appropriated under subsection (a) of this section for a fiscal year—
(1) 80 percent shall be available to provide scholarships described in section 14113(a)(1)(A) of this title; and
(2) 20 percent shall be available to provide employment described in sections 14113(a)(1)(B) and 14113(a)(2) of this title.
(Pub. L. 103–322, title XX, § 200210, Sept. 13, 1994, 108 Stat. 2061.)
42 U.S.C. § 14133 (THE PUBLIC HEALTH AND WELFARE)
§ 14133. Federal Bureau of Investigation
(a) Proficiency testing requirements
(1) Generally
(A) Personnel at the Federal Bureau of Investigation who perform DNA analyses shall undergo semiannual external proficiency testing by a DNA proficiency testing program meeting the standards issued under section 14131 of this title.
(B) Within 1 year after September 13, 1994, the Director of the Federal Bureau of Investigation shall arrange for periodic blind external 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 laboratory through a second agency and appears to the analysts to involve routine evidence.
(2) Report
For 5 years after September 13, 1994, the Director of the Federal Bureau 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 described in paragraph (1).
(b) Privacy protection standards
(1) Generally
Except as provided in paragraph (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 enforcement identification purposes;
(B) in judicial proceedings, if otherwise admissible pursuant to applicable statues 1 or rules; and
(C) for criminal defense purposes, to a defendant, 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 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) A person who—
(A) by virtue of employment or official position, has possession of, or access to, individually identifiable DNA information indexed in a database created or maintained by any Federal law enforcement agency; and
(B) knowingly discloses such information in any manner to any person or agency not authorized 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 database 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.)
heading: Amendments
text: 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 exceed 180 days,”.
42 U.S.C. § 14134 (THE PUBLIC HEALTH AND WELFARE)
§ 14134. Authorization of appropriations
There are authorized to be appropriated to the Federal Bureau of Investigation to carry out sections 14131, 14132, and 14133 of this title—
(1) $5,500,000 for fiscal year 1996;
(2) $8,000,000 for fiscal year 1997;
(3) $8,000,000 for fiscal year 1998;
(4) $2,500,000 for fiscal year 1999; and
(5) $1,000,000 for fiscal year 2000.
(Pub. L. 103–322, title XXI, § 210306, Sept. 13, 1994, 108 Stat. 2071.)
42 U.S.C. § 14135c (THE PUBLIC HEALTH AND WELFARE)
§ 14135c. Conditions of release generally
If the collection of a DNA sample from an individual on probation, parole, or supervised release is authorized pursuant to section 14135a or 14135b of this title or section 1565 of title 10, the individual shall cooperate in the collection of a DNA sample as a condition of that probation, parole, or supervised release.
(Pub. L. 106–546, § 7(d), Dec. 19, 2000, 114 Stat. 2734.)
heading: Codification
text: Section was enacted as part of the DNA Analysis Backlog Elimination Act of 2000, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
42 U.S.C. § 14135d (THE PUBLIC HEALTH AND WELFARE)
§ 14135d. Authorization of appropriations
There are authorized to be appropriated to the Attorney General to carry out this Act (including to reimburse the Federal judiciary for any reasonable costs incurred in implementing such Act, as determined by the Attorney General) such sums as may be necessary.
(Pub. L. 106–546, § 9, Dec. 19, 2000, 114 Stat. 2735.)
heading: References in Text
text: This Act, referred to in text, is Pub. L. 106–546, Dec. 19, 2000, 114 Stat. 2726, known as the DNA Analysis Backlog Elimination Act of 2000. For complete classification of this Act to the Code, see Short Title of 2000 Amendments note set out under section 13701 of this title and Tables.
heading: Codification
text: Section was enacted as part of the DNA Analysis Backlog Elimination Act of 2000, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
42 U.S.C. § 14135e (THE PUBLIC HEALTH AND WELFARE)
§ 14135e. Privacy protection standards
(a) In general
Except as provided in subsection (b) of this section, any sample collected under, or any result of any analysis carried out under, section 14135, 14135a, or 14135b of this title may be used only for a purpose specified in such section.
(b) Permissive uses
A sample or result described in subsection (a) of this section may be disclosed under the circumstances under which disclosure of information included in the Combined DNA Index System is allowed, as specified in subparagraphs (A) through (D) of section 14132(b)(3) of this title.
(c) Criminal penalty
A person who knowingly discloses a sample or result described in subsection (a) of this section in any manner to any person not authorized to receive it, or obtains or uses, without authorization, such sample or result, shall be fined not more than $250,000, or imprisoned for a period of not more than one year. Each instance of disclosure, obtaining, or use shall constitute a separate offense under this subsection.
(Pub. L. 106–546, § 10, Dec. 19, 2000, 114 Stat. 2735; Pub. L. 108–405, title II, § 203(e)(2), title III, § 309, Oct. 30, 2004, 118 Stat. 2271, 2275.)
heading: Codification
text: Section was enacted as part of the DNA Analysis Backlog Elimination Act of 2000, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
heading: Amendments
text: 2004—Subsec. (c). Pub. L. 108–405, § 309, reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “A person who knowingly—
“(1) discloses a sample or result described in subsection (a) of this section in any manner to any person not authorized to receive it; or
“(2) obtains, without authorization, a sample or result described in subsection (a) of this section,
shall be fined not more than $250,000, or imprisoned for a period of not more than one year, or both.”
Pub. L. 108–405, § 203(e)(2), substituted “$250,000, or imprisoned for a period of not more than one year, or both” for “$100,000” in concluding provisions.
42 U.S.C. § 14136a (THE PUBLIC HEALTH AND WELFARE)
§ 14136a. Sexual assault forensic exam program grants
(a) In general
The Attorney General shall make grants to eligible entities to provide training, technical assistance, education, equipment, and information relating to the identification, collection, preservation, analysis, and use of DNA samples and DNA evidence by medical personnel and other personnel, including doctors, medical examiners, coroners, nurses, victim service providers, and other professionals involved in treating victims of sexual assault and sexual assault examination programs, including SANE (Sexual Assault Nurse Examiner), SAFE (Sexual Assault Forensic Examiner), and SART (Sexual Assault Response Team).
(b) Eligible entity
For purposes of this section, the term “eligible entity” includes—
(1) States;
(2) units of local government; and
(3) sexual assault examination programs, including—
(A) sexual assault nurse examiner (SANE) programs;
(B) sexual assault forensic examiner (SAFE) programs;
(C) sexual assault response team (SART) programs;
(D) State sexual assault coalitions;
(E) medical personnel, including doctors, medical examiners, coroners, and nurses, involved in treating victims of sexual assault; and
(F) victim service providers involved in treating victims of sexual assault.
(c) Authorization of appropriations
There are authorized to be appropriated $30,000,000 for each of fiscal years 2009 through 2014 to carry out this section.
(Pub. L. 108–405, title III, § 304, Oct. 30, 2004, 118 Stat. 2273; Pub. L. 110–360, § 4, Oct. 8, 2008, 122 Stat. 4009.)
heading: Codification
text: Section was enacted as part of the DNA Sexual Assault Justice Act of 2004 and also as part of the Justice for All Act of 2004, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
heading: Amendments
text: 2008—Subsec. (c). Pub. L. 110–360 substituted “2009 through 2014” for “2005 through 2009”.
42 U.S.C. § 14136b (THE PUBLIC HEALTH AND WELFARE)
§ 14136b. DNA research and development
(a) Improving DNA technology
The Attorney General shall make grants for research and development to improve forensic DNA technology, including increasing the identification accuracy and efficiency of DNA analysis, decreasing time and expense, and increasing portability.
(b) Demonstration projects
The Attorney General shall make grants to appropriate entities under which research is carried out through demonstration projects involving coordinated training and commitment of resources to law enforcement agencies and key criminal justice participants to demonstrate and evaluate the use of forensic DNA technology in conjunction with other forensic tools. The demonstration projects shall include scientific evaluation of the public safety benefits, improvements to law enforcement operations, and cost-effectiveness of increased collection and use of DNA evidence.
(c) Authorization of appropriations
There are authorized to be appropriated $15,000,000 for each of fiscal years 2005 through 2009 to carry out this section.
(Pub. L. 108–405, title III, § 305, Oct. 30, 2004, 118 Stat. 2273.)
heading: Codification
text: Section was enacted as part of the DNA Sexual Assault Justice Act of 2004 and also as part of the Justice for All Act of 2004, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
42 U.S.C. § 14136c (THE PUBLIC HEALTH AND WELFARE)
§ 14136c. National Forensic Science Commission
(a) Appointment
The Attorney General shall appoint a National Forensic Science Commission (in this section referred to as the “Commission”), composed of persons experienced in criminal justice issues, including persons from the forensic science and criminal justice communities, to carry out the responsibilities under subsection (b) of this section.
(b) Responsibilities
The Commission shall—
(1) assess the present and future resource needs of the forensic science community;
(2) make recommendations to the Attorney General for maximizing the use of forensic technologies and techniques to solve crimes and protect the public;
(3) identify potential scientific advances that may assist law enforcement in using forensic technologies and techniques to protect the public;
(4) make recommendations to the Attorney General for programs that will increase the number of qualified forensic scientists available to work in public crime laboratories;
(5) disseminate, through the National Institute of Justice, best practices concerning the collection and analyses of forensic evidence to help ensure quality and consistency in the use of forensic technologies and techniques to solve crimes and protect the public;
(6) examine additional issues pertaining to forensic science as requested by the Attorney General;
(7) examine Federal, State, and local privacy protection statutes, regulations, and practices relating to access to, or use of, stored DNA samples or DNA analyses, to determine whether such protections are sufficient;
(8) make specific recommendations to the Attorney General, as necessary, to enhance the protections described in paragraph (7) to ensure—
(A) the appropriate use and dissemination of DNA information;
(B) the accuracy, security, and confidentiality of DNA information;
(C) the timely removal and destruction of obsolete, expunged, or inaccurate DNA information; and
(D) that any other necessary measures are taken to protect privacy; and
(9) provide a forum for the exchange and dissemination of ideas and information in furtherance of the objectives described in paragraphs (1) through (8).
(c) Personnel; procedures
The Attorney General shall—
(1) designate the Chair of the Commission from among its members;
(2) designate any necessary staff to assist in carrying out the functions of the Commission; and
(3) establish procedures and guidelines for the operations of the Commission.
(d) Authorization of appropriations
There are authorized to be appropriated $500,000 for each of fiscal years 2005 through 2009 to carry out this section.
(Pub. L. 108–405, title III, § 306, Oct. 30, 2004, 118 Stat. 2274.)
heading: Codification
text: Section was enacted as part of the DNA Sexual Assault Justice Act of 2004 and also as part of the Justice for All Act of 2004, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
42 U.S.C. § 14136d (THE PUBLIC HEALTH AND WELFARE)
§ 14136d. DNA identification of missing persons
(a) In general
The Attorney General shall make grants to promote the use of forensic DNA technology to identify missing persons and unidentified human remains.
(b) Requirement
Each State or unit of local government that receives funding under this section shall be required to submit the DNA profiles of such missing persons and unidentified human remains to the National Missing Persons DNA Database of the Federal Bureau of Investigation.
(c) Authorization of appropriations
There are authorized to be appropriated $2,000,000 for each of fiscal years 2005 through 2009 to carry out this section.
(Pub. L. 108–405, title III, § 308, Oct. 30, 2004, 118 Stat. 2275.)
heading: Codification
text: Section was enacted as part of the DNA Sexual Assault Justice Act of 2004 and also as part of the Justice for All Act of 2004, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
42 U.S.C. § 14136e (THE PUBLIC HEALTH AND WELFARE)
§ 14136e. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program
(a) In general
The Attorney General shall establish the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program to award grants to States to help defray the costs of post-conviction DNA testing.
(b) Authorization of appropriations
There are authorized to be appropriated $5,000,000 for each of fiscal years 2005 through 2009 to carry out this section.
(c) State defined
For purposes of this section, the term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(Pub. L. 108–405, title IV, § 412, Oct. 30, 2004, 118 Stat. 2284.)
heading: Codification
text: Section was enacted as part of the Innocence Protection Act 2004 and also as part of the Justice for All Act of 2004, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
42 U.S.C. § 14137 (THE PUBLIC HEALTH AND WELFARE)
§ 14137. Definitions
For purposes of sections 14137 to 14137c of this title:
(1) DNA arrestee collection process
The term “DNA arrestee collection process” means, with respect to a State, a process under which the State provides for the collection, for purposes of inclusion in the index described in section 14132(a) of this title (in sections 14137 to 14137c of this title referred to as the “National DNA Index System”), of DNA profiles or DNA data from the following individuals who are at least 18 years of age:
(A) Individuals who are arrested for or charged with a criminal offense under State law that consists of a homicide.
(B) Individuals who are arrested for or charged with a criminal offense under State law that has an element involving a sexual act or sexual contact with another and that is punishable by imprisonment for more than 1 year.
(C) Individuals who are arrested for or charged with a criminal offense under State law that has an element of kidnaping or abduction and that is punishable by imprisonment for more than 1 year.
(D) Individuals who are arrested for or charged with a criminal offense under State law that consists of burglary punishable by imprisonment for more than 1 year.
(E) Individuals who are arrested for or charged with a criminal offense under State law that consists of aggravated assault punishable by imprisonment for more than 1 year.
(2) State
The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.
(Pub. L. 112–253, § 2, Jan. 10, 2013, 126 Stat. 2407.)
heading: References in Text
text: Sections 14137 to 14137c of this title, referred to in text, was in the original “this Act”, meaning Pub. L. 112–253, Jan. 10, 2013, 126 Stat. 2407, known as the Katie Sepich Enhanced DNA Collection Act of 2012, which enacted sections 14137 to 14137c of this title and amended section 14135 of this title. For complete classification of this Act to the Code, see Short Title of 2013 Amendment note set out under 13701 of this title and Tables.
heading: Codification
text: Section was enacted as part of the Katie Sepich Enhanced DNA Collection Act of 2012, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
42 U.S.C. § 14137a (THE PUBLIC HEALTH AND WELFARE)
§ 14137a. Grants to States to implement DNA arrestee collection processes
(a) In general
The Attorney General shall, subject to amounts made available pursuant to section 14137c of this title, carry out a grant program for the purpose of assisting States with the costs associated with the implementation of DNA arrestee collection processes.
(b) Applications
(1) In general
To be eligible to receive a grant under this section, in addition to any other requirements specified by the Attorney General, a State shall submit to the Attorney General an application that demonstrates that it has statutory authorization for the implementation of a DNA arrestee collection process.
(2) Non-supplanting funds
An application submitted under paragraph (1) by a State shall include assurances that the amounts received under the grant under this section shall be used to supplement, not supplant, State funds that would otherwise be available for the purpose described in subsection (a).
(3) Other requirements
The Attorney General shall require a State seeking a grant under this section to document how such State will use the grant to meet expenses associated with a State’s implementation or planned implementation of a DNA arrestee collection process.
(c) Grant allocation
(1) In general
The amount available to a State under this section shall be based on the projected costs that will be incurred by the State to implement a DNA arrestee collection process. Subject to paragraph (2), the Attorney General shall retain discretion to determine the amount of each such grant awarded to an eligible State.
(2) Maximum grant allocation
In the case of a State seeking a grant under this section with respect to the implementation of a DNA arrestee collection process, such State shall be eligible for a grant under this section that is equal to no more than 100 percent of the first year costs to the State of implementing such process.
(d) Grant conditions
As a condition of receiving a grant under this section, a State shall have a procedure in place to—
(1) provide written notification of expungement provisions and instructions for requesting expungement to all persons who submit a DNA profile or DNA data for inclusion in the index;
(2) provide the eligibility criteria for expungement and instructions for requesting expungement on an appropriate public Web site; and
(3) make a determination on all expungement requests not later than 90 days after receipt and provide a written response of the determination to the requesting party.
(Pub. L. 112–253, § 3, Jan. 10, 2013, 126 Stat. 2408.)
heading: Codification
text: Section was enacted as part of the Katie Sepich Enhanced DNA Collection Act of 2012, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.