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

(a) Collection. (1) The Secretary concerned^* must collect a DNA sample from every service member under that Secretary’s jurisdiction who is or was convicted of a qualifying military offense under subsection (d). (2) For such a member, the Secretary may, but need not, collect a sample if the FBI’s Combined DNA Index System, or “CODIS,” already contains a DNA analysis for the member or a sample was or will be collected under section 3(a) of the DNA Analysis Backlog Elimination Act of 2000. (3) The Secretary may agree with Federal agencies, State or local government units, or private entities to collect the samples.

(b) Analysis and use. The Secretary concerned must give each sample to the Secretary of Defense. The Secretary of Defense must (1) analyze each sample in a way meeting CODIS inclusion requirements and (2) give each result to the FBI Director for inclusion in CODIS.

(c) Definitions. (1) “DNA sample” means an individual’s tissue, fluid, or other bodily sample that can be analyzed for DNA. (2) “DNA analysis” means analyzing deoxyribonucleic acid, or DNA, identification information in a bodily sample.

(d) Qualifying military offenses. After consulting the Attorney General, the Secretary of Defense determines that the following are qualifying military offenses: (1) any Uniform Code of Military Justice offense punishable by confinement for more than one year; and (2) any other UCMJ offense 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)).

(e) Expungement. (1) The Secretary of Defense must promptly remove from the index described in section 210304(a) of the Violent Crime Control and Law Enforcement Act of 1994 the DNA analysis of a person placed there because of a qualifying military offense if, for every qualifying offense conviction, the Secretary receives a certified copy of a final court order overturning the conviction. (2) “Qualifying offense” means (A) a qualifying Federal offense under section 3 of the DNA Analysis Backlog Elimination Act of 2000, (B) a qualifying District of Columbia offense under section 4 of that Act, or (C) a qualifying military offense. (3) An order is not “final” if time remains to appeal or seek discretionary review.

(f) Regulations. The Secretary of Defense must carry out this section under regulations adopted after consulting the Secretary of Homeland Security and the Attorney General. To the extent practicable, the regulations must apply uniformly throughout the armed forces^*.