Title 10 — Armed ForcesRelease 119-73

§1565a DNA samples maintained for identification of human remains: use for law enforcement purposes

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 80— - MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES › § 1565a

Last updated Apr 6, 2026|Official source

Summary

If a federal court or a military judge orders it, a part of the Department of Defense that keeps DNA to identify human remains must provide those DNA samples under the terms the court sets. The samples may be used only to investigate or prosecute a felony or any sexual offense when no other DNA source is reasonably available, and giving the sample must not stop the DoD from keeping its own copy for identification. DNA sample — see section 1565(c) for the definition.

Full Legal Text

Title 10, §1565a

Armed Forces — Source: USLM XML via OLRC

(a)(1)Subject to paragraph (2), if a valid order of a Federal court (or military judge) so requires, an element of the Department of Defense that maintains a repository of DNA samples for the purpose of identification of human remains shall make available, for the purpose specified in subsection (b), such DNA samples on such terms and conditions as such court (or military judge) directs.

(2)A DNA sample with respect to an individual 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)The purpose referred to in subsection (a) is the purpose of an investigation or prosecution of a felony, or any sexual offense, for which no other source of DNA information is reasonably available.

(c)In this section, the term “DNA sample” has the meaning given such term in section 1565(c) of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 1565a

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73