US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 10USC1565]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
  CHAPTER 80--MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES
 
Sec. 1565. DNA identification information: collection from 
        certain offenders; use
        
    (a) Collection of DNA Samples.--(1) The Secretary concerned shall 
collect a DNA sample from each member of the armed forces under the 
Secretary's jurisdiction who is, or has been, convicted of a qualifying 
military offense (as determined under subsection (d)).
    (2) For each member described in paragraph (1), if the Combined DNA 
Index System (in this section referred to as ``CODIS'') of the Federal 
Bureau of Investigation contains a DNA analysis with respect to that 
member, or if a DNA sample has been or is to be collected from that 
member under section 3(a) of the DNA Analysis Backlog Elimination Act of 
2000, the Secretary concerned may (but need not) collect a DNA sample 
from that member.
    (3) The Secretary concerned may enter into agreements with other 
Federal agencies, units of State or local government, or private 
entities to provide for the collection of samples described in paragraph 
(1).
    (b) Analysis and Use of Samples.--The Secretary concerned shall 
furnish each DNA sample collected under subsection (a) to the Secretary 
of Defense. The Secretary of Defense shall--
        (1) carry out a DNA analysis on each such DNA sample in a manner 
    that complies with the requirements for inclusion of that analysis 
    in CODIS; and
        (2) furnish the results of each such analysis to the Director of 
    the Federal Bureau of Investigation for inclusion in CODIS.

    (c) Definitions.--In this section:
        (1) The term ``DNA sample'' means a tissue, fluid, or other 
    bodily sample of an individual on which a DNA analysis can be 
    carried out.
        (2) The term ``DNA analysis'' means analysis of the 
    deoxyribonucleic acid (DNA) identification information in a bodily 
    sample.

    (d) Qualifying Military Offenses.--(1) Subject to paragraph (2), the 
Secretary of Defense, in consultation with the Attorney General, shall 
determine those felony or sexual offenses under the Uniform Code of 
Military Justice that shall be treated for purposes of this section as 
qualifying military offenses.
    (2) An offense under the Uniform Code of Military Justice that is 
comparable to a qualifying Federal offense (as determined under section 
3(d) of the DNA Analysis Backlog Elimination Act of 2000), as determined 
by the Secretary in consultation with the Attorney General, shall be 
treated for purposes of this section as a qualifying military offense.
    (e) Expungement.--(1) The Secretary of Defense shall promptly 
expunge, from the index described in subsection (a) of section 210304 of 
the Violent Crime Control and Law Enforcement Act of 1994, the DNA 
analysis of a person included in the index on the basis of a qualifying 
military offense if the Secretary receives, for each conviction of the 
person of a qualifying offense, a certified copy of a final court order 
establishing that such conviction has been overturned.
    (2) For purposes of paragraph (1), the term ``qualifying offense'' 
means any of the following offenses:
        (A) A qualifying Federal offense, as determined under section 3 
    of the DNA Analysis Backlog Elimination Act of 2000.
        (B) A qualifying District of Columbia offense, as determined 
    under section 4 of the DNA Analysis Backlog Elimination Act of 2000.
        (C) A qualifying military offense.

    (3) For purposes of paragraph (1), a court order is not ``final'' if 
time remains for an appeal or application for discretionary review with 
respect to the order.
    (f) Regulations.--This section shall be carried out under 
regulations prescribed by the Secretary of Defense, in consultation with 
the Secretary of Homeland Security and the Attorney General. Those 
regulations shall apply, to the extent practicable, uniformly throughout 
the armed forces.

(Added Pub. L. 106-546, Sec. 5(a)(1), Dec. 19, 2000, 114 Stat. 2731; 
amended Pub. L. 107-296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 
Stat. 2314.)

                       References in Text

    Sections 3 and 4 of the DNA Analysis Backlog Elimination Act of 
2000, referred to in subsecs. (a)(2), (d)(2), and (e)(2), are classified 
to sections 14135a and 14135b, respectively, of Title 42, The Public 
Health and Welfare.
    The Uniform Code of Military Justice, referred to in subsec. (d), is 
classified to chapter 47 (Sec. 801 et seq.) of this title.
    Section 210304 of the Violent Crime Control and Law Enforcement Act 
of 1994, referred to in subsec. (e)(1), is classified to section 14132 
of Title 42.


                               Amendments

    2002--Subsec. (f). Pub. L. 107-296 substituted ``of Homeland 
Security'' for ``of Transportation''.


                    Effective Date of 2002 Amendment

    Amendment by Pub. L. 107-296 effective on the date of transfer of 
the Coast Guard to the Department of Homeland Security, see section 
1704(g) of Pub. L. 107-296, set out as a note under section 101 of this 
title.


          Initial Determination of Qualifying Military Offenses

    Pub. L. 106-546, Sec. 5(b), Dec. 19, 2000, 114 Stat. 2733, provided 
that: ``The initial determination of qualifying military offenses under 
section 1565(d) of title 10, United States Code, as added by subsection 
(a)(1), shall be made not later than 120 days after the date of the 
enactment of this Act [Dec. 19, 2000].''


                       Commencement of Collection

    Pub. L. 106-546, Sec. 5(c), Dec. 19, 2000, 114 Stat. 2733, provided 
that: ``Collection of DNA samples under section 1565(a) of such title, 
as added by subsection (a)(1), shall, subject to the availability of 
appropriations, commence not later than the date that is 60 days after 
the date of the initial determination referred to in subsection (b) [set 
out above].''

                  Section Referred to in Other Sections

    This section is referred to in section 1565a of this title; title 18 
section 4209; title 42 sections 14132, 14135a, 14135c.