34 U.S.C. § 12593 — Federal Bureau of Investigation

(a) Proficiency testing. (1) FBI personnel doing DNA analyses must undergo outside testing twice a year through a program meeting section 12591 standards. Within 1 year after September 13, 1994, the FBI Director must arrange periodic blind outside tests of the FBI laboratory. A “blind external test” is sent through a second agency and appears to analysts to be routine evidence. (2) For 5 years after that date, the Director must annually report test results to the House and Senate Judiciary Committees. (b) Privacy. (1) Unless (2) applies, DNA-test results made for a Federal law-enforcement agency may be disclosed only to criminal-justice agencies for identification, in judicial proceedings if otherwise admissible, or to a charged defendant for defense, with access to case samples and analyses. (2) If identifying information is removed, results may be disclosed for population statistics, identification research and protocol development, or quality control. (c) Penalties. (1) A person who, through employment or official position, possesses or can access individually identifiable indexed DNA information and knowingly discloses it to an unauthorized person or agency may be fined up to $100,000. (2) A person who knowingly obtains, without authorization, DNA samples or indexed individually identifiable information may be fined up to $250,000, imprisoned up to 1 year, or both.