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34 U.S.C. § 40502Eligibility

submitted 26 years ago by Pub. L. 106-177 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 304 words · no verdicts yet

in plain englishAI-generated · not legal advice

To get a grant under this chapter, an eligible group must apply the way the Attorney General requires. Applicants must promise to report unidentified remains and enter full profiles into national databases. Family DNA samples can only identify missing people, not serve law enforcement.

(a) Application: To be eligible for a grant under this chapter, an entity described in section 40501 must apply in whatever time and form the Attorney General reasonably requires. (b) Contents: Each application must include promises that, as much as possible, the applicant will: report every deceased unidentified person found in its area -- regardless of age -- to the National Crime Information Center (NCIC), and to local law enforcement where possible; enter a full profile of each unidentified person into the NCIC's Missing and Unidentified Persons File, following Department of Justice guidelines, including dental records, DNA records, x-rays, and fingerprints if they're available; put the NCIC number (or other assigned number) for each unidentified person on that person's death certificate; keep all records about unidentified persons until the person is identified; and collect and report information on missing persons and unidentified remains to NamUs (the National Missing and Unidentified Persons System). (c) Privacy protections for biological family reference samples (1) In general: If a grant-funded, accredited, publicly funded CODIS lab uploads suspected biological family DNA reference samples -- from U.S. citizens or foreign nationals -- into CODIS, those samples can only be used to identify missing persons and unidentified remains. (2) Limitation on use: Those family DNA reference samples can't be shared with any federal or state law enforcement agency for law enforcement purposes.
the actual law source: uscode.house.gov ↗public domain
(a) Application

To be eligible to receive a grant award under this chapter, an entity described in section 40501 of this title shall submit an application at such time and in such form as the Attorney General may reasonably require.

(b) Contents

Each such application shall include assurances that the applicant shall, to the greatest extent possible—

(1)

report to the National Crime Information Center and, when possible, to law enforcement authorities throughout the applicant’s jurisdiction regarding every deceased unidentified person, regardless of age, found in the applicant’s jurisdiction;

(2)

enter a complete profile of such unidentified person in compliance with the guidelines established by the Department of Justice for the National Crime Information Center Missing and Unidentified Persons File, including dental records, DNA records, x-rays, and fingerprints, if available;

(3)

enter the National Crime Information Center number or other appropriate number assigned to the unidentified person on the death certificate of each such unidentified person;

(4)

retain all such records pertaining to unidentified persons until a person is identified; and

(5)

collect and report information to the National Missing and Unidentified Persons System (NamUs) regarding missing persons and unidentified remains.

(c) Privacy protections for biological family reference samples
(1) In general

Any suspected biological family DNA reference samples received from citizens of the United States or foreign nationals and uploaded into the Combined DNA Index System (commonly referred to as “CODIS”) by an accredited, publicly funded CODIS forensic laboratory awarded a grant under this section may be used only for identifying missing persons and unidentified remains.

(2) Limitation on use

Any biological family DNA reference samples from citizens of the United States or foreign nationals entered into CODIS for purposes of identifying missing persons and unidentified remains may not be disclosed to a Federal or State law enforcement agency for law enforcement purposes.

Source credit: (Pub. L. 106–177, title II, § 203, Mar. 10, 2000, 114 Stat. 36; Pub. L. 116–277, § 2(a)(2), Dec. 31, 2020, 134 Stat. 3369.)

history & why it existsrecord from the source credit
  • 2000Enacted · Pub. L. 106-177 · 114 Stat. 36
  • 2020Amended · Pub. L. 116-277 · 134 Stat. 3369

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-177 on 2000-03-10.

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