The FBI provides CODIS-participating forensic laboratories with software, training,
and technical support free-of-charge. The CODIS software organizes and manages the
DNA profiles and related information. It is important to note that none of the CODIS
indexes contain any personal identifying information related to the DNA profiles. For each
profile, the indexes identify the sample number and laboratory that performed the DNA
analysis. The laboratory that contributed a DNA profile to CODIS must consult its own
records to determine where or with whom a specific DNA sample originated. Each time a
laboratory uploads DNA profiles to the next level in the hierarchy, the software
automatically compares the two groups of profiles and notifies the appropriate laboratories
if there is a potential match between two or more profiles. The laboratories must then
perform additional work to determine whether or not the profiles actually match.
Examples of crimes solved through the use of DNA profiles and CODIS can be
found in newspaper articles nationwide. In addition, DNA evidence has also been used to
release innocent people from prison. According to the Innocence Project at the Cardozo
Law School, as of April 26, 2001, DNA evidence was instrumental in freeing 87 innocent
people from prison nationwide, including 10 people on death row. Because DNA is such a
powerful tool, concern has been raised about the potential for misuse of the information in
CODIS. For example, the American Civil Liberties Union fears that the information in the
indexes will be used for purposes other than law enforcement. A second concern is that the
indexes will include the DNA profiles of innocent individuals, violating their right to
privacy. Additionally, the integrity of the data contained in CODIS is extremely important
since the DNA matches provided by CODIS are frequently a key piece of evidence linking a
suspect to a crime.
The legislation authorizing CODIS, the DNA Identification Act of 1994 (Act),
included a requirement that the FBI establish quality assurance standards to ensure the
integrity of the DNA records entered into the system. The Act also placed strict limitations
on the data that could be entered into CODIS and how that information could be used. In
addition, the Act appropriated $40 million over a 5-year period for a grant program,
administered by the Office of Justice Programs, National Institute of Justice (NIJ), to
increase the capability and capacity of state and local forensic laboratories to perform DNA
testing.
Prior to our audit, CODIS-participating laboratories were required to undergo annual
audits to determine if they were in compliance with the FBI’s quality assurance standards.
Biennially, the audits were to be performed by an outside agency. The auditors were either
DNA analysts from another laboratory or auditors representing an accreditation or
certification agency. However, none of these audits included a review of the DNA profiles
in CODIS to ensure they were complete, accurate, and allowable. In fact, no such audits of
the DNA profiles in CODIS were being conducted at any level. Further, the FBI was not
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