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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC14132]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
 
             SUBCHAPTER IX--STATE AND LOCAL LAW ENFORCEMENT
 
                       Part A--DNA Identification
 
Sec. 14132. Index to facilitate law enforcement exchange of DNA 
        identification information
        

(a) Establishment of index

    The Director of the Federal Bureau of Investigation may establish an 
index of--
        (1) DNA identification records of persons convicted of crimes;
        (2) analyses of DNA samples recovered from crime scenes;
        (3) analyses of DNA samples recovered from unidentified human 
    remains; and
        (4) analyses of DNA samples voluntarily contributed from 
    relatives of missing persons.

(b) Information

    The index described in subsection (a) of this section shall include 
only information on DNA identification records and DNA analyses that 
are--
        (1) based on analyses performed by or on behalf of a criminal 
    justice agency (or the Secretary of Defense in accordance with 
    section 1565 of title 10) in accordance with publicly available 
    standards that satisfy or exceed the guidelines for a quality 
    assurance program for DNA analysis, issued by the Director of the 
    Federal Bureau of Investigation under section 14131 of this title;
        (2) prepared by laboratories, and DNA analysts, that undergo 
    semiannual external proficiency testing by a DNA proficiency testing 
    program meeting the standards issued under section 14131 of this 
    title; and
        (3) maintained by Federal, State, and local criminal justice 
    agencies (or the Secretary of Defense in accordance with section 
    1565 of title 10) pursuant to rules that allow disclosure of stored 
    DNA samples and DNA analyses 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 such 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.

(c) Failure to comply

    Access to the index established by this section is subject to 
cancellation if the quality control and privacy requirements described 
in subsection (b) of this section are not met.

(d) Expungement of records

                           (1) By Director

        (A) The Director of the Federal Bureau of Investigation shall 
    promptly expunge from the index described in subsection (a) of this 
    section the DNA analysis of a person included in the index on the 
    basis of a qualifying Federal offense or a qualifying District of 
    Columbia offense (as determined under sections 14135a and 14135b of 
    this title, respectively) if the Director receives, for each 
    conviction of the person of a qualifying offense, a certified copy 
    of a final court order establishing that such conviction has been 
    overturned.
        (B) For purposes of subparagraph (A), the term ``qualifying 
    offense'' means any of the following offenses:
            (i) A qualifying Federal offense, as determined under 
        section 14135a of this title.
            (ii) A qualifying District of Columbia offense, as 
        determined under section 14135b of this title.
            (iii) A qualifying military offense, as determined under 
        section 1565 of title 10.

        (C) For purposes of subparagraph (A), a court order is not 
    ``final'' if time remains for an appeal or application for 
    discretionary review with respect to the order.

                            (2) By States

        (A) As a condition of access to the index described in 
    subsection (a) of this section, a State shall promptly expunge from 
    that index the DNA analysis of a person included in the index by 
    that State if the responsible agency or official of that State 
    receives, for each conviction of the person of an offense on the 
    basis of which that analysis was or could have been included in the 
    index, a certified copy of a final court order establishing that 
    such conviction has been overturned.
        (B) For purposes of subparagraph (A), a court order is not 
    ``final'' if time remains for an appeal or application for 
    discretionary review with respect to the order.

(Pub. L. 103-322, title XXI, Sec. 210304, Sept. 13, 1994, 108 Stat. 
2069; Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title I, Sec. 120], Nov. 
29, 1999, 113 Stat. 1535, 1501A-23; Pub. L. 106-546, Sec. 6(b), Dec. 19, 
2000, 114 Stat. 2733.)


                               Amendments

    2000--Subsec. (b)(1). Pub. L. 106-546, Sec. 6(b)(1), inserted ``(or 
the Secretary of Defense in accordance with section 1565 of title 10)'' 
after ``criminal justice agency''.
    Subsec. (b)(2). Pub. L. 106-546, Sec. 6(b)(2), substituted 
``semiannual'' for ``, at regular intervals of not to exceed 180 
days,''.
    Subsec. (b)(3). Pub. L. 106-546, Sec. 6(b)(3), inserted ``(or the 
Secretary of Defense in accordance with section 1565 of title 10)'' 
after ``criminal justice agencies'' in introductory provisions.
    Subsec. (d). Pub. L. 106-546, Sec. 6(b)(4), added subsec. (d).
    1999--Subsec. (a)(4). Pub. L. 106-113 added par. (4).

                  Section Referred to in Other Sections

    This section is referred to in sections 14134, 14135, 14135e, 14214 
of this title; title 10 section 1565.