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10 U.S.C. § 1565 — DNA identification information: collection from certain offenders; use

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1565 — DNA identification information: collection from certain offenders; use

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Source file: Laws/federal/codes/united-states-code/title-10/section-1565-dna-identification-information-collection-from-certain-offenders-use--0141351941.md
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Source location: Title 10, Chapter 80, § 1565; chapter-080-miscellaneous-investigation-requirements-and-other-duties.md

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**(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.—** The offenses that shall be treated for purposes of this section as qualifying military offenses are the following offenses, as determined by the Secretary of Defense, in consultation with the Attorney General: (1) Any offense under the Uniform Code of Military Justice for which a sentence of confinement for more than one year may be imposed. (2) Any other 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 ([42 U.S.C. 14135a(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14135a/d&num=0&edition=prelim))).11 See References in Text note below. **(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.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 40702 — Collection and use of DNA identification information from certain Federal offenders

**(a) Collection of DNA samples** (1) **From individuals in custody** (A) The Attorney General may, as prescribed by the Attorney General in regulation, collect DNA samples from individuals who are arrested, facing charges, or convicted or from non-United States persons who are detained under the authority of the United States. The Attorney General may delegate this function within the Department of Justice as provided in [section 510 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section510&num=0&edition=prelim) and may also authorize and direct any other agency of the United States that arrests or detains individuals or supervises individuals facing charges to carry out any function and exercise any power of the Attorney General under this section. (B) The Director of the Bureau of Prisons shall collect a DNA sample from each individual in the custody of the Bureau of Prisons who is, or has been, convicted of a qualifying Federal offense (as determined under subsection (d)) or a qualifying military offense, as determined under [section 1565 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1565&num=0&edition=prelim). (2) **From individuals on release, parole, or probation** — The probation office responsible for the supervision under Federal law of an individual on probation, parole, or supervised release shall collect a DNA sample from each such individual who is, or has been, convicted of a qualifying Federal offense (as determined under subsection (d)) or a qualifying military offense, as determined under [section 1565 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1565&num=0&edition=prelim). (3) **Individuals already in CODIS** — For each in

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40702

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 14135a — Transferred

### Statutory Notes #### Codification Section 14135a was editorially reclassified as [section 40702 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40702&num=0&edition=prelim), Crime Control and Law Enforcement.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14135a

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 12592 — Index to facilitate law enforcement exchange of DNA identification information

**(a) Establishment of index** The Director of the Federal Bureau of Investigation may establish an index of— (1) DNA identification records of— (A) persons convicted of crimes; (B) persons who have been charged in an indictment or information with a crime; and (C) other persons whose DNA samples are collected under applicable legal authorities, provided that DNA samples that are voluntarily submitted solely for elimination purposes shall not be included in the National DNA Index System; (2) analyses of DNA samples recovered from crime scenes; (3) analyses of DNA samples recovered from unidentified human remains; and (4) analyses of DNA samples voluntarily contributed from relatives of missing persons. **(b) Information** The index described in subsection (a) shall include only information on DNA identification records and DNA analyses that are— (1) based on analyses performed by or on behalf of a criminal justice agency (or the Secretary of Defense in accordance with [section 1565 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1565&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12591&num=0&edition=prelim); (2) prepared by— (A) laboratories that— (i) have been accredited by a nonprofit professional association of persons actively 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 12592

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 40703 — Collection and use of DNA identification information from certain District of Columbia offenders

**(a) Collection of DNA samples** (1) **From individuals in custody** — The Director of the Bureau of Prisons shall collect a DNA sample from each individual in the custody of the Bureau of Prisons who is, or has been, convicted of a qualifying District of Columbia offense (as determined under subsection (d)). (2) **From individuals on release, parole, or probation** — The Director of the Court Services and Offender Supervision Agency for the District of Columbia shall collect a DNA sample from each individual under the supervision of the Agency who is on supervised release, parole, or probation who is, or has been, convicted of a qualifying District of Columbia offense (as determined under subsection (d)). (3) **Individuals already in CODIS** — For each individual described in paragraph (1) or (2), 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 individual, the Director of the Bureau of Prisons or Agency (as applicable) may (but need not) collect a DNA sample from that individual. (4) **Collection procedures** (A) The Director of the Bureau of Prisons or Agency (as applicable) may use or authorize the use of such means as are reasonably necessary to detain, restrain, and collect a DNA sample from an individual who refuses to cooperate in the collection of the sample. (B) The Director of the Bureau of Prisons or Agency, as appropriate, may enter into agreements with units of State or local government or with private entities to provide for the collection of the samples described in paragraph (1) or (2). (5) **Criminal penalty** — An individual from whom the collection of a DNA sample is authorized under this subsection who fails to cooperate in the co

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40703

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 4201 to 4218 — Repealed. Pub. L. 98–473, title II, § 218(a)(5), Oct. 12, 1984, 98 Stat. 2027]

### Statutory Notes #### Effective Date of Repeal; Chapter To Remain in Effect After November 1, 1987 Pub. L. 98–473, title II, § 235(a)(1), Oct. 12, 1984, 98 Stat. 2031, set out in an Effective Date; Savings Provision note under [section 3551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3551&num=0&edition=prelim), provided that the repeal of this chapter is effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal. Pub. L. 98–473, title II, § 235(b)(1)(A), Oct. 12, 1984, 98 Stat. 2032, provided that the provisions of this chapter in effect before Nov. 1, 1987, would remain in effect for 5 years after Nov. 1, 1987, as to an individual who committed an offense or an act of juvenile delinquency before Nov. 1, 1987, and as to a term of imprisonment during the period described in section 235(a)(1)(B) of Pub. L. 98–473. Provisions further extending the period that this chapter would remain in effect after Nov. 1, 1987, were contained in the following: Pub. L. 118–15, div. A, § 123, Sept. 30, 2023, 137 Stat. 78, as amended by Pub. L. 118–22, div. A, § 101(5), Nov. 17, 2023, 137 Stat. 113, extended the period from 36 years to 36 years and 94 days. Pub. L. 117–328, div. O, title VIII, § 801(b), Dec. 29, 2022, 136 Stat. 5232, extended the period from 35 years and 46 days to 36 years. Pub. L. 117–180, div. C, title I, § 103(b), Sept. 30, 2022, 136 Stat. 2133, extended the period from 35 years to 35 years and 46 days. Pub. L. 116–159, div. D, title II, § 4202, Oct. 1, 2020, 134 Stat. 741, extended the period from 33 years to 35 years. Pub. L. 115–274, § 2, Oct. 31, 2018, 132 Stat. 4160, extended the period from 31 years to 33 years. Pub. L. 113–47, § 2, Oct. 31, 2013, 127 Stat. 572

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 4201 to 4218

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 40704 — Conditions of release generally

If the collection of a DNA sample from an individual on probation, parole, or supervised release is authorized pursuant to section 40702 or 40703 of this title or [section 1565 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1565&num=0&edition=prelim), the individual shall cooperate in the collection of a DNA sample as a condition of that probation, parole, or supervised release.

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40704

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1565 — DNA identification information: collection

Page 1491 TITLE 10—ARMED FORCES § 1565 1 See References in Text note below. personnel, information, or operations, of the De- partment of Defense, including with respect to the background investigations of covered for- eign individuals requiring access to classified in- formation. (2) The Secretary shall ensure that the stand- ards developed under paragraph (1) are con- sistent with relevant directives of the Security Executive Agent. (3) The Secretary shall designate an official of the Department of Defense to be responsible for executing the centralized process developed under paragraph (1) and adjudicating any infor- mation discovered pursuant to such process. (b) OTHER USES.—In addition to using the cen- tralized process developed under subsection (a)(1) for covered foreign individuals, the Sec- retary may use the centralized process in deter- mining whether to grant a security clearance to any individual with significant foreign influence or foreign preference issues, in accordance with the adjudicative guidelines under part 147 of title 32, Code of Federal Regulations, or such successor regulation. (c) COVERED FOREIGN INDIVIDUAL DEFINED.—In this section, the term ‘‘covered foreign indi- vidual’’ means an individual who meets the fol- lowing criteria: (1) The individual is— (A) a national of a foreign state; (B) a national of the United States (as such term is defined in section 101 of the Im- migration and Nationality Act (8 U.S.C. 1101)) and also a national of a foreign state; or (C) an alien who is lawfully admitted for permanent residence (as such term is defined in section 101 of the Immigration and Na- tionality Act (8 U.S.C. 1101)). (2) The individual is either— (A) a civilian employee of the Department of Defense or a contractor of

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1565

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 14135a — Transferred

Page 8629 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14137a PART A—DNA IDENTIFICATION § 14131. Transferred Editorial Notes CODIFICATION Section 14131 was editorially reclassified as section 12591 of Title 34, Crime Control and Law Enforcement. § 14132. Transferred Editorial Notes CODIFICATION Section 14132 was editorially reclassified as section 12592 of Title 34, Crime Control and Law Enforcement. § 14133. Transferred Editorial Notes CODIFICATION Section 14133 was editorially reclassified as section 12593 of Title 34, Crime Control and Law Enforcement. § 14134. Omitted Editorial Notes CODIFICATION Section, Pub. L. 103–322, title XXI, § 210306, Sept. 13, 1994, 108 Stat. 2071, which authorized appropriations for fiscal years 1996 to 2000, was omitted as obsolete. § 14135. Transferred Editorial Notes CODIFICATION Section 14135 was editorially reclassified as section 40701 of Title 34, Crime Control and Law Enforcement. § 14135a. Transferred Editorial Notes CODIFICATION Section 14135a was editorially reclassified as section 40702 of Title 34, Crime Control and Law Enforcement. § 14135b. Transferred Editorial Notes CODIFICATION Section 14135b was editorially reclassified as section 40703 of Title 34, Crime Control and Law Enforcement. § 14135c. Transferred Editorial Notes CODIFICATION Section 14135c was editorially reclassified as section 40704 of Title 34, Crime Control and Law Enforcement. § 14135d. Transferred Editorial Notes CODIFICATION Section 14135d was editorially reclassified as section 40705 of Title 34, Crime Control and Law Enforcement. § 14135e. Transferred Editorial Notes CODIFICATION Section 14135e was editorially reclassified as section 40706 of Title 34, Crime Control and Law Enforcement. § 14136. Transferred Editori

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 14135a

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