Title 10, Armed ForcesRelease 119-110

§1565a Dna Samples Maintained for Identification of Human Remains: Use for Law Enforcement Purposes

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

Last updated Sep 22, 2026|Official source

Summary

A federal court or a military judge can order the Department of Defense to give DNA samples from the DoD’s collection that is used to identify human remains. The DoD must obey the order but must not give the sample in a way that stops it from keeping a sample to identify that person later. The samples may only be used to investigate or prosecute a felony or a sexual crime when no other DNA source is reasonably available. DNA sample — the type of biological sample defined in 10 U.S.C. 1565(c).

Full Legal Text

Title 10, §1565a

Armed Forces, Source: USLM XML via OLRC

(a)Compliance with Court Order.—

(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)Covered Purpose.—

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)Definition.—

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

Sep 22, 2026

Release point: 119-110