Citation[edit | edit source]
DNA Identification Act of 1994, codified at 42 U.S.C. §14132.
Overview[edit | edit source]
The Act specifies the requirements for participation in the National DNA Index System (NDIS) and the DNA data that may be maintained at NDIS (convicted offender, arrestees, legal detainees, forensic (casework), unidentified human remains, missing persons and relatives of missing persons). The Act requires that:
- The laboratories participating in the National DNA Index comply with the Quality Assurance Standards issued by the FBI Director;
- The laboratories submitting the DNA records are accredited by a nonprofit professional association of persons actively engaged in forensic science that is nationally recognized within the forensic science community
- The laboratory submitting the DNA record undergoes an external audit every two years to demonstrate compliance with the FBI Director’s Quality Assurance Standards;
- The laboratory is federal, state, or local criminal justice agency (“or the Secretary of Defense in accordance with section 1565 of title 10, United States Code”) ; and
- Access to the DNA samples and records is limited in accordance with federal law.
States seeking to participate in NDIS sign a memorandum of understanding with the FBI Laboratory documenting their agreement to abide by the Act's requirements as well as record-keeping and other operational procedures governing the uploading of DNA data, expungements, CODIS users, audits, etc.