42 U.S. Code § 3796kk–2 - Application requirements

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No grant may be made under this subchapter unless an application has been submitted to the Attorney General in which the applicant certifies that—
(1) DNA analyses performed at the laboratory will satisfy or exceed then current standards for a quality assurance program for DNA analysis issued by the Director of the Federal Bureau of Investigation under section 14131 of this title. [1]
(2) DNA samples obtained by and DNA analyses performed at the laboratory shall be made available only—
(A) to criminal justice agencies for law enforcement identification purposes;
(B) in judicial proceedings, if otherwise admissible pursuant to applicable statutes or rules;
(C) for criminal defense purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which the defendant is charged; or
(D) if personally identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes; and
(3) the laboratory and each analyst performing DNA analyses at the laboratory shall undergo semiannual external proficiency testing by a DNA proficiency testing program that meets the standards issued under section 14131 of this title.

[1]  So in original. The period probably should be a semicolon.


(Pub. L. 90–351, title I, § 2403, as added Pub. L. 103–322, title XXI, § 210302(c)(1)(C),Sept. 13, 1994, 108 Stat. 2066; amended Pub. L. 106–546, § 8(b),Dec. 19, 2000, 114 Stat. 2735.)

2000—Par. (3). Pub. L. 106–546substituted “semiannual” for “, at regular intervals not exceeding 180 days,”.

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28 CFR - Judicial Administration



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