Frequently Asked Questions on CODIS and NDIS
CODIS
1. What is CODIS?
CODIS DNA Databases
2. How do these DNA databases using CODIS work?
3. What happens after there is a hit in the DNA database?
4. How do laboratories count CODIS hits?
5. Do laboratories track conviction rates based on the CODIS hit?
6. Why do laboratories only send out the hit notifications to the law enforcement contributor?
7. What DNA information is stored in these databases?
8. Is any personal information relating to the convicted offenders, arrestees, or detainees stored in these DNA databases?
- The DNA profile—the set of identification characteristics or numerical representation at each of the various loci analyzed;
- The Agency Identifier of the agency submitting the DNA profile;
- The Specimen Identification Number—generally a number assigned sequentially at the time of sample collection. This number does not correspond to the individual’s social security number, criminal history identifier, or correctional facility identifier; and
- The DNA laboratory personnel associated with a DNA profile analysis.
9. What precautions are taken for safeguarding the information in these DNA databases?
The National DNA Index System
10. What is the National DNA Index System (NDIS)?
11. What are the specific requirements for a state’s participation in the National DNA Index?
- That the laboratories participating in the National DNA Index comply with the Quality Assurance Standards issued by the FBI Director;
- That the laboratories submitting the DNA records are accredited by a nonprofit professional association of persons actively engaged in forensic science that is nationally recognized within the forensic science community;
- That the laboratories submitting the DNA records undergo an external audit every two years to demonstrate compliance with the FBI Director’s Quality Assurance Standards;
- That the laboratories are federal, state, or local criminal justice agencies (“or the Secretary of Defense in accordance with section 1565 of title 10, United States Code”); and
- That access to the DNA samples and records is limited in accordance with federal law.
12. Are there approved accrediting agencies?
13. What are the access requirements for the DNA samples and records?
- The DNA Identification Act, §14132(b)(3), specifies the access requirements for the DNA samples and records “maintained by federal, state, and local criminal justice agencies (or the Secretary of Defense in accordance with section 1565 of title 10, United States Code),” and “allows disclosure of stored DNA samples and DNA analyses only:
to criminal justice agencies for law enforcement identification purposes; - in judicial proceedings, if otherwise admissible pursuant to applicable statutes or rules;
- for criminal defense purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged; or
- if personally identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes.”
14. What if a state’s law on access to the DNA samples and profiles is different from the federal provisions?
15. Is the defendant entitled to access the DNA samples and analyses of other individuals?
16. Are there any sanctions for states that participate in the National DNA Index System if the state does not comply with the Federal DNA Identification Act?
DNA Data Requirements
17. What DNA data is accepted at NDIS?
18. Are there specific data requirements for the DNA records submitted to NDIS?
- The DNA data must be generated in accordance with the FBI Director’s Quality Assurance Standards;
- The DNA data must be generated by a laboratory that is accredited by an approved accrediting agency;
- The DNA data must be generated by a laboratory that undergoes an external audit every two years to demonstrate compliance with the FBI Director’s Quality Assurance Standards;
- The DNA data must be one of the categories of data acceptable at NDIS, such as convicted offender, arrestee, detainee, legal, forensic (casework), unidentified human remains, missing person, or a relative of missing person;
- The DNA data must meet minimum CODIS Core Loci requirements for the specimen category;
- The DNA PCR data must be generated using PCR accepted kits; and
- Participating laboratories must have and follow expungement procedures in accordance with federal law.
19. What are the CODIS core loci?
- CSF1PO
- FGA
- THO1
- TPOX
- VWA
- D3S1358
- D5S818
- D7S820
- D8S1179
- D13S317
- D16S539
- D18S51
- D21S11
- D1S1656
- D2S441
- D2S1338
- D10S1248
- D12S391
- D19S433
- D22S1045
The Original CODIS Core Loci, required from October 1998 until December 31, 2016, included the following 13 loci:
- CSF1PO
- FGA
- THO1
- TPOX
- VWA
- D3S1358
- D5S818
- D7S820
- D8S1179
- D13S317
- D16S539
- D18S51
- D21S11
20. What are the minimum loci requirements for the STR DNA data submitted to NDIS?
- For forensic DNA profiles, all CODIS Core Loci must be attempted but at least 8 of the original CODIS Core Loci combined with a match rarity of at least one in ten million are required for submission to and searching at NDIS.
- For Missing Person and Unidentified Human Remains, all CODIS Core Loci must be attempted.
21. What are the requirements for submission of mtDNA data to NDIS?
22. Are there additional requirements for forensic (casework) DNA records?
23. Are there any additional requirements for missing persons-related DNA records?
24. What are the expungement requirements?
- For convicted offenders, if the participating laboratory receives a certified copy of a final court order documenting the conviction has been overturned; and
- For arrestees, if the participating laboratory receives a certified copy of a final court order documenting the charge has been dismissed, resulted in an acquittal, or no charges have been brought within the applicable time period.
NDIS Searches
25. How is the National DNA Index System (NDIS) searched?
26. Are there any plans to change how NDIS is searched?
Partial Matches and Familial Searches
27. Is searching at moderate stringency a form of familial searching?
28. What is a partial match at NDIS?
Locus | Forensic Unknown | Candidate Offender | Match Stringency |
D8S1179 | 13 | 13, 14 | Moderate |
D21S11 | 28, 31.2 | 28, 31.2 | High |
D7S820 | 12 | 10, 12 | Moderate |
D7S820 | 10, 12 | 10 | Moderate |
D3S1358 | 15, 17 | 15, 17 | High |
TH01 | 8 | 7, 8 | Moderate |
D13S317 | 9, 12 | 9 | Moderate |
D16S539 | 11, 12 | 12 | Moderate |
VWA | 17 | 15, 17 | Moderate |
TPOX | 8, 11 | 8 | Moderate |
D18S51 | 24 | 16, 24 | Moderate |
D5S818 | 9, 12 | 12 | Moderate |
FGA | 24, 25 | 24, 25 | High |
29. Can partial match information at NDIS be disclosed?
30. Is there any guidance on how to address these partial matches?
31. How successful are partial matches at locating potential suspects?
32. Are partial matches the same as familial searches?
33. Are familial searches performed at NDIS?
34. Are familial searches performed at the state level?
Expert Systems
35. What are Expert Systems and are they approved for use in generating DNA data for NDIS?
- GeneMapper®ID
- GeneMapper®ID-X
- GeneMarker® HID
- i-Cubed™
- OSIRIS
- TrueAllele™
PCR STR Kits
36. What are the PCR kits accepted for use at NDIS?
The following PCR kits are accepted for use at NDIS and contain the 20 CODIS Core Loci required effective January 1, 2017 (listed by manufacturer):
- AB GlobalFiler™Express (Part Numbers 4474665 & 4476609)
- AB GlobalFiler™ (Part Number 4476135)
- Promega PowerPlex® Fusion (Catalog numbers DC 2402/2408)
- Promega PowerPlex® Fusion 6C (Catalog numbers DC 2705/2720)
- QIAGEN Investigator 24plex QS (Catalog numbers 382415/382417)
- QIAGEN Investigator 24plex GO! (Catalog numbers 382426/382428)
- Thermo Fisher Scientific VeriFiler Express™ (Catalog Numbers A32014, A32070, A33032)
- Verogen ForenSeq™ DNA Signature Prep Kit (TG-450-1001/TG-450-1002) (see NDIS Procedures for additional information)
Following are the most frequently used PCR kits for the Original CODIS Core Loci and CODIS Core Loci accepted at NDIS (listed by manufacturer):
- Applied Biosystems (AB) AmpFlSTR®Profiler Plus® (Part Number 4303326)
- AB AmpFlSTR®COfiler® (Part Number 4305246)
- AB AmpFlSTR®Profiler Plus® and AmpFlSTR®COfiler® (Part Number 4305979)
- AB AmpFlSTR®Profiler Plus®ID (Part Number 4330284)
- AB AmpFlSTR®Profiler Plus®ID and AmpFlSTR®COfiler® (Part Number 4330621)
- AB AmpFlSTR®Identifiler® (Part Number 4322288)
- AB AmpFlSTR®Identifiler® Direct (Part Number 4408580)
- AB AmpFlSTR®Identifiler® Plus (Part Number 4427368)
- Promega PowerPlex®1.1 (Catalog numbers DC 6091/6090)
- Promega PowerPlex®1.2 (Catalog numbers DC 6101/6100)
- Promega PowerPlex®2.1 (Catalog numbers DC 6471/6470)
- Promega PowerPlex®16 (Catalog numbers DC 6531/6530)
- Promega PowerPlex®16 BIO (Catalog numbers DC 6541/6540)
- Promega PowerPlex®16 HS (Catalog numbers DC 2100/2101)
- Promega PowerPlex®18 D (Catalog numbers DC 1802/1808)
- Promega PowerPlex® Fusion (Catalog numbers DC 2402/2408)
- Promega PowerPlex® Fusion 6C (Catalog numbers DC 2705/2720/2780)
- AB AmpFlSTR® MiniFiler™ (Part Number 4373872)
- AB AmpFlSTR® Yfiler® (Part Number 4373872)
- AB AmpFlSTR® Yfiler Plus® (Catalog Numbers 4484678 and 4482730)
- Promega Powerplex® Y (Catalog numbers 6760/6761)
- Promega Powerplex® Y23 (Catalog numbers DC2305/DC2320)
- AB GlobalFiler™Express (Part Numbers 4474665 & 4476609)
- AB GlobalFiler™ (Part Number 4476135)
- QIAGEN Investigator 24plex QS (Catalog numbers 382415/382417)
- QIAGEN Investigator 24plex GO! (Catalog numbers 382426/382428)
- Thermo Fisher Scientific VeriFiler Express™ (Catalog Numbers A32014, A32070, A33032)
- Verogen ForenSeq™ DNA Signature Prep Kit (TG-450-1001/TG-450-1002) (see NDIS Procedures for additional information)
- Promega PowerSeq™ CRM Nested System (Catalog # AX5810) (see NDIS Procedures for additional information)
- Thermo Fisher Scientific Applied Biosystems™ Precision ID mtDNA Whole Genome Panel (Catalog Number A30938) mtDNA control region data is approved for NDIS
37. What is the process for PCR kits, loci, and Expert Systems to be approved for use at NDIS?
International Searches
38. How are international DNA databases searched?
39. Can the National DNA Index System be searched by international agencies?
Outsourcing Offender/Arrestee or Casework Samples
40. Are there specific requirements for outsourcing offender/arrestee or casework samples?
Quality Assurance Standards
41. What are the Quality Assurance Standards?
42. Do the approved accrediting agencies use the Quality Assurance Standards?
43. What is the most recent version of the Quality Assurance Standards?
National Missing Person Program
44. How is an individual identified using the DNA from the family of a missing person?
The DNA from close relatives can help in establishing a DNA profile for the missing person. DNA is passed from parents to their children so the most beneficial samples for this purpose are those from a biological mother, father, brothers, sisters, or children. In situations where samples from children of a missing parent are collected, the spouse or parent in common should also be considered for collection in order to determine what portion of the child’s DNA is in common with the missing parent. The samples collected from relatives are sent to an accredited forensic laboratory for DNA testing. The DNA profiles obtained from the relatives’ samples are submitted to the FBI’s National DNA Index System (NDIS), also referred to as the Combined DNA Index System (CODIS), solely for the comparison to DNA profiles obtained from unidentified persons or remains.
Relatives of a missing person may voluntarily provide DNA samples. These samples are known as Family Reference Samples. Law enforcement agencies, involved in an active missing person case (case in which a missing person report has been filed), are encouraged to collect Family Reference Samples from two or more close biological relatives of the missing person and obtain a consent form signed by the contributing relative to document that the DNA samples were given voluntarily.
45. What are the requirements for the collection of Family Reference Samples for entry and searching in NDIS?
Relatives of a missing person must be willing to provide a DNA sample and sign a consent form in the presence of law enforcement. Only DNA samples collected voluntarily from relatives of a missing person are eligible for searching in NDIS. Those profiles will be used only for identifying a missing person or remains. (34 U.S.C. § 12592(a)(4)).
Law enforcement personnel must witness the voluntary collection of the Family Reference Samples and a consent and information form must be completed and signed by the person providing the DNA sample. The identity of the contributor providing the DNA sample must be verified by law enforcement (e.g., through presentation of an appropriate government-issued identification card). Family reference samples which are not submitted by law enforcement and with the appropriate documentation will not be accepted for entry into NDIS.
46. What is the purpose of the consent and information form?
34 U.S.C. §12592(a)(4) authorized the FBI to establish an index of DNA profiles developed from DNA samples voluntarily contributed by relatives of missing persons. The consent form documents that the DNA sample was voluntarily contributed and provides permission for inclusion in CODIS for the sole purpose of identifying a missing person or recovered remains. It also indicates where, by whom, and how the Family Reference Sample was collected. Additional information related to the missing person such as metadata is collected on the form to assist with resolving possible associations between relatives and unidentified persons.
47. How will the DNA information contributed by a relative of a missing person be used?
Following 34 U.S.C. §12592 (b)(3)(A), the DNA information will be released only to criminal justice agencies for identification purposes and for comparison to DNA profiles related to the disappearance of individuals indexed in the missing persons database. The DNA profiles obtained from the Family Reference Samples will only be searched against the DNA profiles from unidentified persons stored at NDIS.
48. How long is the DNA profile stored in the database?
The DNA records of relatives of a missing person will remain in NDIS and be searched against missing persons and unidentified human remains profiles until one of the following happens: (1) the missing person has been identified; or (2) the family member who voluntarily provided the DNA sample is determined not to be related to the missing person; or (3) the family member who voluntarily provided the DNA sample requests in writing that it be removed.
After an identification is confirmed, the DNA profiles from the relatives of a missing person are removed from the database. In the event of only partial remains being located and identified, laboratory personnel may decide to allow the Family Reference Samples to remain in the database to assist with possible future recoveries. The family member who voluntarily provided the DNA sample may request in writing that the DNA profile be removed from NDIS at any time.
49. How is an identification established?
Once a potential association is found, the results are provided to the law enforcement agency and the appropriate medico-legal (usually a medical examiner or coroner) authority. Only the designated medico-legal authority can declare the identity through the issuance of a death certificate.
50. Can DNA profiles from foreign nationals whose family members have gone missing in the United States be added to NDIS?
Foreign nationals can be added to NDIS for the purpose of assisting with the identification of a missing family member. The DNA Identification Act of 1994 does not limit the entry of a voluntarily provided Family Reference Sample based on the nationality of the donor. However, any voluntarily provided DNA sample must be collected in the presence of law enforcement and include the appropriate consent and information documentation.
51. Can a private laboratory enter a DNA profile from an unidentified person or a Family Reference Sample into NDIS?
Private laboratories do not have access to NDIS. Private laboratories must work in partnership with an NDIS participating laboratory in order to meet requirements for the outsourcing of casework samples contained in Standard 17 of the Quality Assurance Standards for Forensic DNA Testing and DNA Databasing Laboratories.