Page:United States Statutes at Large Volume 108 Part 3.djvu/317

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PUBLIC LAW 103-322—SEPT. 13, 1994 108 STAT. 2069 (4) Until such time as the advisory board has made recommendations to the Director of the Federal Bureau of Investigation and the Director has acted upon those recommendations, the quality assurance guidelines adopted by the technical working group on DNA analysis methods shall be deemed the Director's standards for purposes of this section. (b) ADMINISTRATION OF THE ADVISORY BOARD.— (1) For administrative purposes, the advisory board appointed under subsection (a) shall be considered an advisory board to the Director of the Federal Bureau of Investigation. (2) Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the advisory board appointed under subsection (a). (3) The DNA advisory board established under this section shall be separate and distinct from any other advisory board administered by the FBI, and is to be administered separately. (4) The board shall cease to exist on the date 5 years after the initial appointments are made to the board, unless the existence of the board is extended by the Director of the Federal Bureau of Investigation. (c) PROFICIENCY TESTING PROGRAM. —(1) Not later than 1 year after the effective date of this Act, the Director of the National Institute of Justice shall certify to the Committees on the Judiciary of the House and Senate that— (A) the Institute has entered into a contract with, or made a grant to, an appropriate entity for establishing, or has taken other appropriate action to ensure that there is established, not later than 2 years ^ler the date of enactment of this Act, a blind external proficiency testing program for DNA analy- ses, which shall be available to public and private laboratories performing forensic DNA analyses; (B) a blind external proficiency testing program for DNA analyses is already readily available to public and private laboratories performing forensic DNA analyses; or (C) it is not feasible to have blind external testing for DNA forensic analyses. (2) As used in this subsection, the term "blind external proficiency test" means a test that is presented to a forensic laboratory through a second agency and appears to the analysts to involve routine evidence. (3) Notwithstanding any other provision of law, the Attorney General shall make available to the Director of the National Institute of Justice during the first fiscal year in which funds are distributed under this subtitle up to $250,000 from the funds available under part X of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 to carry out this subsection. SEC. 210304. 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 ssimples recovered from crime scenes; and (3) Emalyses of DNA samples recovered from unidentified human remsdns. Termination date. Certification. Records. 42 USC 14132.