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 the Depart- ment; or (B) a member of the armed forces. (Added Pub. L. 115–232, div. A, title XVI, § 1622(a), Aug. 13, 2018, 132 Stat. 2117.) Editorial Notes REFERENCES IN TEXT Executive Order 13467, referred to in subsec. (a)(1), is Ex. Ord. No. 13467, June 30, 2008, 73 F.R. 38103, which is set out as a note under section 3161 of Title 50, War and National Defense. § 1565. DNA identification information: collection from certain offenders; use (a) COLLECTION OF DNA SAMPLES.—(1) The Sec- retary concerned shall collect a DNA sample from each member of the armed forces under the Secretary’s jurisdiction who is, or has been, con- victed of a qualifying military offense (as deter- mined 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 con- cerned 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 de- scribed in paragraph (1). (b) ANALYSIS AND USE OF SAMPLES.—The Sec- retary 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 Inves- tigation 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) identifica- tion information in a bodily sample. (d) QUALIFYING MILITARY OFFENSES.—The of- fenses that shall be treated for purposes of this section as qualifying military offenses are the following offenses, as determined by the Sec- retary of Defense, in consultation with the At- torney General: (1) Any offense under the Uniform Code of Military Justice for which a sentence of con- finement for more than one year may be im- posed. (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 Back- log Elimination Act of 2000 (42 U.S.C. 14135a(d))).1 (e) EXPUNGEMENT.—(1) The Secretary of De- fense shall promptly expunge, from the index de- scribed in subsection (a) of section 210304 of the Violent Crime Control and Law Enforcement Act of 1994, the DNA analysis of a person in- cluded in the index on the basis of a qualifying military offense if the Secretary receives, for each conviction of the person of a qualifying of- fense, a certified copy of a final court order es- tablishing that such conviction has been over- turned. (2) For purposes of paragraph (1), the term ‘‘qualifying offense’’ means any of the following offenses: (A) A qualifying Federal offense, as deter- mined under section 3 of the DNA Analysis Backlog Elimination Act of 2000. (B) A qualifying District of Columbia of- fense, 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 re- spect to the order. Page 1492 TITLE 10—ARMED FORCES § 1565a (f) REGULATIONS.—This section shall be carried out under regulations prescribed by the Sec- retary of Defense, in consultation with the Sec- retary 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, § 5(a)(1), Dec. 19, 2000, 114 Stat. 2731; amended Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–405, title II, § 203(c), Oct. 30, 2004, 118 Stat. 2270.) Editorial Notes REFERENCES IN TEXT Section 3 of the DNA Analysis Backlog Elimination Act of 2000, referred to in subsecs. (a)(2), (d)(2), and (e)(2)(A), is section 3 of Pub. L. 106–546, which was clas- sified to section 14135a of Title 42, The Public Health and Welfare, prior to editorial reclassification as sec- tion 40702 of Title 34, Crime Control and Law Enforce- ment. Section 4 of the DNA Analysis Backlog Elimination Act of 2000, referred to in subsec. (e)(2)(B), is section 4 of Pub. L. 106–546, which is classified to section 40703 of Title 34, Crime Control and Law Enforcement. The Uniform Code of Military Justice, referred to in subsec. (d), is classified to chapter 47 (§ 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 12592 of Title 34, Crime Control and Law Enforcement. AMENDMENTS 2004—Subsec. (d). Pub. L. 108–405 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘(1) Subject to paragraph (2), the Secretary of De- fense, 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 of- fenses. ‘‘(2) An offense under the Uniform Code of Military Justice that is comparable to a qualifying Federal of- fense (as determined under section 3(d) of the DNA Analysis Backlog Elimination Act of 2000), as deter- mined by the Secretary in consultation with the Attor- ney General, shall be treated for purposes of this sec- tion as a qualifying military offense.’’ 2002—Subsec. (f). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. Statutory Notes and Related Subsidiaries 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, § 5(b), Dec. 19, 2000, 114 Stat. 2733, pro- vided 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 en- actment of this Act [Dec. 19, 2000].’’ COMMENCEMENT OF COLLECTION Pub. L. 106–546, § 5(c), Dec. 19, 2000, 114 Stat. 2733, pro- vided 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].’’ § 1565a. DNA samples maintained for identifica- tion of human remains: use for law enforce- ment purposes (a) COMPLIANCE WITH COURT ORDER.—(1) Sub- ject to paragraph (2), if a valid order of a Fed- eral court (or military judge) so requires, an ele- ment of the Department of Defense that main- tains a repository of DNA samples for the pur- pose of identification of human remains shall make available, for the purpose specified in sub- section (b), such DNA samples on such terms and conditions as such court (or military judge) directs. (2) A DNA sample with respect to an indi- vidual shall be provided under paragraph (1) in a manner that does not compromise the ability of the Department of Defense to maintain a sample with respect to that individual for the purpose of identification of human remains. (b) COVERED PURPOSE.—The purpose referred to in subsection (a) is the purpose of an inves- tigation or prosecution of a felony, or any sex- ual offense, for which no other source of DNA in- formation is reasonably available. (c) DEFINITION.—In this section, the term ‘‘DNA sample’’ has the meaning given such term in section 1565(c) of this title. (Added Pub. L. 107–314, div. A, title X, § 1063(a), Dec. 2, 2002, 116 Stat. 2653.) § 1565b. Victims of sexual assault: access to legal assistance and services of Sexual Assault Re- sponse Coordinators and Sexual Assault Vic- tim Advocates (a) AVAILABILITY OF LEGAL ASSISTANCE AND VICTIM ADVOCATE SERVICES.—(1) A member of the armed forces, or a dependent of a member, who is the victim of a sexual assault may be provided the following: (A) Legal assistance provided by military or civilian legal assistance counsel pursuant to sections 1044 and 1044e of this title. (B) Assistance provided by a Sexual Assault Response Coordinator. (C) Assistance provided by a Sexual Assault Victim Advocate. (2) A member of the armed forces or dependent who is the victim of sexual assault shall be in- formed of the availability of assistance under paragraph (1) as soon as the member or depend- ent seeks assistance from a Sexual Assault Re- sponse Coordinator, a Sexual Assault Victim Advocate, a military criminal investigator, a victim/witness liaison, or a trial counsel. The member or dependent shall also be informed that the legal assistance and the services of a Sexual Assault Response Coordinator or a Sex- ual Assault Victim Advocate under paragraph (1) are optional and may be declined, in whole or in part, at any time. (3) Subject to such exceptions for exigent cir- cumstances as the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating may prescribe, notice of the availability of a Special Victims’ Counsel under