34 USC 12592(b)(3)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 34 USC 12592(b)(3) | status: Specified | banner: CUI//SP-LDNA.
- NARA sanctions field: 34 USC 12592(c).
- DoD authority row: 34 USC 12592(b)(3). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 34 USC 12592(b)(3) | status: Specified | banner: CUI//SP-LDNA | sanctions: 34 USC 12592(c)
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Specified, CUI//SP-LDNA. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Specified with banner CUI//SP-LDNA.
Extracted authority meaning
- Page 333 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12592
- Registry designation context: Specified, CUI//SP-LDNA. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Related to hereditary material in humans that is used for law enforcement purposes.
- DoD category scope used with this authority: Related to hereditary material in humans that is used for law enforcement purposes.
- 34 USC 12592(b)(3) | status: Specified | banner: CUI//SP-LDNA | sanctions: 34 USC 12592(c)
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Specified. Per-authority NARA status values: Specified. NARA banner marking evidence: CUI//SP-LDNA. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Related to hereditary material in humans that is used for law enforcement purposes.
- Extracted authority condition: (b) Information The index described in subsection (a) shall in- clude only information on DNA identification records and DNA analyses that are— (1) based on analyses performed by or on be- half of a criminal justice agency (or the Sec- retary 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 12591 of this title; (2) prepared by— (A) laboratories that— (i) have been accredited by a nonprofit professional association of persons ac- tively involved in forensic science that is nationally recognized within the forensic science community; and (ii) undergo external audits, not less than once every 2 years, that demonstrate compliance with standards established by the Director of the Federal Bureau of In- vestigation; or
- Extracted authority condition: (d) Expungement of records (1) By Director (A) The Director of the Federal Bureau of In- vestigation shall promptly expunge from the index described in subsection (a) the DNA analysis of a person included in the index— (i) on the basis of conviction for a qualify- ing Federal offense or a qualifying District of Columbia offense (as determined under sections 40702 and 40703 of this title, respec- tively), if the Director receives, for each conviction of the person of a qualifying of- fense, a certified copy of a final court order establishing that such conviction has been overturned; or (ii) on the basis of an arrest under the au- thority of the United States, if the Attorney General receives, for each charge against the person on the basis of which the analysis was or could have been included in the index, a certified copy of a final court order establishing that such charge has been dis- missed or has resulted in an acquittal or that no charge was filed within the applica- ble time period.
Safeguarding and dissemination controls
- NARA registry control evidence: status Specified; banner marking CUI//SP-LDNA.
- Nara basic or specified: Specified
- Nara authority rows: 34 USC 12592(b)(3) | status: Specified | banner: CUI//SP-LDNA | sanctions: 34 USC 12592(c)
- Nara banner markings: CUI//SP-LDNA
- Nara sanctions: 34 USC 12592(c)
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: (b) Privacy protection standards (1) Generally Except as provided in paragraph (2), the re- sults of DNA tests performed for a Federal law enforcement agency for law enforcement pur- poses may be disclosed only— (A) to criminal justice agencies for law en- forcement identification purposes; (B) in judicial proceedings, if otherwise ad- missible pursuant to applicable statues 1 or rules; and (C) for criminal defense purposes, to a de- fendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged.
- Extracted authority control: (2) By States (A) As a condition of access to the index de- scribed in subsection (a), a State shall prompt- ly expunge from that index the DNA analysis of a person included in the index by that State if— (i) 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 con- viction has been overturned; or (ii) the person has not been convicted of an offense on the basis of which that analysis was or could have been included in the index, and the responsible agency or official of that State receives, for each charge against the person on the basis of which the analysis was or could have been included in the index, a certified copy of a final court order establishing that such charge has been dismissed or has resulted in an acquittal or that no charge was filed within the applica- ble time period.
- Extracted authority control: (c) Criminal penalty (1) A person who— (A) by virtue of employment or official posi- tion, has possession of, or access to, individ- ually identifiable DNA information indexed in a database created or maintained by any Fed- eral law enforcement agency; and (B) knowingly discloses such information in any manner to any person or agency not au- thorized to receive it, shall be fined not more than $100,000.
- Extracted authority control: (2) Exception If personally identifiable information is re- moved, test results may be disclosed for a pop- ulation statistics database, for identification research and protocol development purposes, or for quality control purposes.
- Extracted authority control: (2) A person who, without authorization, knowingly obtains DNA samples or individually identifiable DNA information indexed in a data- base created or maintained by any Federal law enforcement agency shall be fined not more than $250,000, or imprisoned for a period of not more than one year, or both.
Authority excerpts
Most relevant extracted authority passage(b) Privacy protection standards (1) Generally Except as provided in paragraph (2), the re- sults of DNA tests performed for a Federal law enforcement agency for law enforcement pur- poses may be disclosed only— (A) to criminal justice agencies for law en- forcement identification purposes; (B) in judicial proceedings, if otherwise ad- missible pursuant to applicable statues 1 or rules; and (C) for criminal defense purposes, to a de- fendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged.
Extracted authority passage 3(2) By States (A) As a condition of access to the index de- scribed in subsection (a), a State shall prompt- ly expunge from that index the DNA analysis of a person included in the index by that State if— (i) 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 con- viction has been overturned; or (ii) the person has not been convicted of an offense on the basis of which that analysis was or could have been included in the index, and the responsible agency or official of that State receives, for each charge against the person on the basis of which the analysis was or could have been included in the index, a certified copy of a final court order establishing that such charge has been dismissed or has resulted in an acquittal or that no charge was filed within the applica- ble time period.
Extracted authority passage 4(c) Criminal penalty (1) A person who— (A) by virtue of employment or official posi- tion, has possession of, or access to, individ- ually identifiable DNA information indexed in a database created or maintained by any Fed- eral law enforcement agency; and (B) knowingly discloses such information in any manner to any person or agency not au- thorized to receive it, shall be fined not more than $100,000.
Extracted authority passage 5(2) Exception If personally identifiable information is re- moved, test results may be disclosed for a pop- ulation statistics database, for identification research and protocol development purposes, or for quality control purposes.