Page:United States Statutes at Large Volume 108 Part 3.djvu/314

 108 STAT. 2066 PUBLIC LAW 103-322—SEPT. 13, 1994 42 USC 3797. (c) DNA IDENTIFICATION GRANTS.— (1) IN GENERAL.— Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 210201(a), is amended— (A) by redesignating part X as part Y; (B) by redesignating section 2401 as section 2501; and (C) by inserting after part W the following new part: "PART X—DNA IDENTIFICATION GRANTS 42 USC 3796kk-l. 42 USC 3796kk-2. 42 USC 3796kk. "SEC. 2401. GRANT AUTHORIZATION. "The Attorney General may make funds available under this part to States and units of local government, or combinations thereof, to carry out all or a substantial part of a program or project intended to develop or improve the capability to analyze deoxyribonucleic acid (referred to in this part as 'DNA') in a forensic laboratory. "SEC. 2402. APPLICATIONS. "To request a grant under this part, the chief executive officer of a State or unit of local government shall submit an application in such form as the Attorney General may require. "SEC. 2403. APPLICATION REQUIREMENTS. "No grant may be made under this part 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 210303 of the DNA Identification Act of 1994. "(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 analy- ses at the laboratory shall undergo, at regular intervals not exceeding 180 days, external proficiency testing by a DNA proficiency testing program that meets the standards issued under section 210303 of the DNA Identification Act of 1994. "SEC. 2404. ADMINISTRATIVE PROVISIONS. "(a) REGULATION AUTHORITY. — The Attorney General may promulgate guidelines, regulations, and procedures, as necessary to carry out the purposes of this part, including limitations on the number of awards made during each fiscal year, the submission 42 USC 3796kk-3.

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