DNA Identification Act of 1991

DNA Identification Act of 1991 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze DNA for identification purposes if each State or unit of local government that performs DNA analyses with grant funds certifies to the Director of the Bureau of Justice Assistance that: (1) DNA analyses performed at such 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 (FBI) after taking into consideration the recommended standards developed by the advisory board on DNA forensic analysis methods established under this Act; (2) DNA samples obtained by, and DNA analyses performed at, such laboratory will be accessible only to criminal justice agencies for law enforcement identification purposes, to the record subject for criminal defense purposes, and, if identifiable information is removed, for a population statistics database or for quality control purposes; and (3) each analyst performing DNA analyses at such laboratory will undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program approved under this Act, the results of each test will be made available to the public without charge, and the population studies relied on by such laboratory will be publicly available.

Requires the Director of: (1) the National Institute of Standards and Technology (NIST), within 180 days, to appoint an advisory board on DNA forensic analysis methods to develop, and periodically monitor, recommended standards for testing the proficiency of forensic analysis in conducting DNA analyses; and (2) the FBI, after taking into consideration such recommended standards, to issue standards for testing the proficiency of forensic laboratories in conducting such analyses. Mandates that such standards: (1) specify criteria for proficiency tests to be applied to each procedure used by forensic laboratories to conduct such analyses; and (2) include a system for grading proficiency testing performance to determine whether a laboratory is performing acceptably.

Requires that: (1) the Director of NIST approve a DNA proficiency testing program if such program satisfies the then current standards in effect under this Act; and (2) the advisory board develop recommended privacy standards for the protection of DNA samples and analyses. Authorizes appropriations.

Authorizes the Attorney General to establish an index of DNA identification records of persons convicted of crimes punishable by more than one year's imprisonment. Specifies that such index may include only information on DNA identification records that are: (1) based on analyses performed in accordance with publicly available standards that satisfy or exceed specified guidelines for the quality assurance program for DNA analysis; (2) prepared by labs whose DNA analysts undergo regular external proficiency testing; and (3) maintained by Federal, State, and local criminal justice agencies pursuant to rules that restrict disclosure of stored DNA samples and analyses.

Makes the exchange of DNA identification records subject to cancellation if the quality control and privacy requirements of this Act are not met.

Requires: (1) FBI personnel who perform DNA analyses to undergo, at regular intervals of not to exceed 180 days, external proficiency testing by an approved DNA proficiency testing program; and (2) the Director of the FBI to submit an annual report on the results of such tests to the House and Senate Judiciary Committees.

Restricts disclosure of DNA tests performed for a Federal law enforcement agency to: (1) criminal justice agencies for law enforcement identification purposes; and (2) the record subject for criminal defense purposes. Authorizes disclosure of test results to a population statistics database for quality control purposes if personally identifiable information is removed.

Sets fines of up to $100,000 for individuals having access to DNA information by virtue of employment or official position who willfully disclose such information to any person or agency not entitled to receive it. Authorizes appropriations.