§ 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.
(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—
(c)
Definitions.—
In this section:
(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:
(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.
(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.