Department of Defense INSTRUCTION

1 Department of Defense INSTRUCTION NUMBER December 22, 2015 Incorporating Change 1, March 9, 2017 IG DoD SUBJECT: Deoxyribonucleic Acid (DNA) Collection Requirements for Criminal Investigations, Law Enforcement, Corrections, and Commanders References: See Enclosure 1 1. PURPOSE. This INSTRUCTION : a. Reissues DoD INSTRUCTION (Reference (a)) in accordance with the authority in DoD Directive (Reference (b)). b. Updates policy, assigns responsibilities, and prescribes procedures in accordance with the guidance in section 1565 of Title 10, United States Code ( ); section (b) of Title 28, Code of Federal Regulations; and sections 14132, 14135, and 14135a of Title 42, (References (c), (d) and (e)), for DNA sample collection requirements for criminal investigations, law enforcement, corrections, and commanders.

2 C. Recognizes DoD and the Coast Guard as agencies of the United States for the collection of DNA samples pursuant to References (d) and (e). d. Does not eliminate other legal or policy requirements to provide DNA, fingerprints, or criminal history data, including submissions to the Defense Incident-Based Reporting System pursuant to DoD D irective INSTRUCTION (Reference (f)). e. Does not regulate DNA or other biometric data collected from persons who are detained or held by DoD or the Coast Guard during combat or operational activities.

3 F. Does not regulate DNA or other biometrical data collected pursuant to DoD D irective and Public Law 108-458 (References (g) and (h)). g. Does not regulate DNA samples maintained for identification of human remains, referred to in section 1565a of Reference (c). h. Assigns shared funding responsibility to the DoD Component heads and the Commandant of the Coast Guard for the collection of DNA samples pursuant to References (d) and (e). DoDI , December 22, 2015 Change 1, 03/09/2017 2 i.

4 Recognizes the United States Army Criminal Investigation Laboratory (USACIL) as the DoD s Combined Deoxyribonucleic Acid Index System (CODIS) participating laboratory. j. Prohibits the collection of DNA samples from juveniles. For the purposes of this INSTRUCTION , a juvenile is a person who has not attained his or her eighteenth birthday unless the individual is a Service member on active duty. k. Updates the protocol for DNA expungement from CODIS. 2. APPLICABILITY. This INSTRUCTION applies to OSD, the Military Departments (including the Coast Guard at all times, including when it is a Service in the Department of Homeland Security by agreement with that Department )

5 , the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense , the Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD (referred to collectively in this INSTRUCTION as the DoD Components ). 3. POLICY. It is DoD policy that DNA samples will be taken from Service members, DoD and non-affiliated DoD civilians, and contractors who are suspects of criminal investigations under the conditions in sections 3 and 7 of Enclosure 4.

6 4. RESPONSIBILITIES. See Enclosure 2. 5. PROCEDURES. See Enclosure 4. 6. RELEASABILITY. Cleared for public release. This INSTRUCTION is available on the Internet from the DoD Issuances Website at 7. EFFECTIVE DATE. This INSTRUCTION i s effective December 22, 2015. Jon T. Rymer Inspector General of the Department of Defense DoDI , December 22, 2015 Change 1, 03/09/2017 3 Enclosures 1. References 2. Responsibilities 3. Uniform Code of Military Justice (UCMJ) Offenses 4.

7 Procedures Glossary DoDI , December 22, 2015 Change 1, 03/09/2017 4 TABLE OF CONTENTS ENCLOSURE 1: REFERENCES ..5 ENCLOSURE 2: RESPONSIBILITIES ..6 INSPECTOR GENERAL OF THE Department OF Defense ..6 DoD COMPONENT SECRETARY OF THE ARMY ..6 ENCLOSURE 3: UNIFORM CODE OF MILITARY JUSTICE (UCMJ) OFFENSES ..8 ENCLOSURE 4: PROCEDURES ..13 APPENDIX PRIVACY ACT STATEMENT FOR DNA SAMPLING ..18 GLOSSARY ..19 PART I: ABBREVIATIONS AND ACRONYMS ..19 PART II: DEFINITIONS ..19 TABLE UCMJ Offenses Requiring DNA Sample Submission.

8 8 FIGURE Privacy Act of 1974 Statement ..18 DoDI , December 22, 2015 5 ENCLOSURE 1 Change 1, 03/09/2017 ENCLOSURE 1 REFERENCES (a) DoD INSTRUCTION , Deoxyribonucleic Acid (DNA) Collection Requirements for Criminal Investigations, May 27, 2010, as amended (hereby cancelled) (b) DoD Directive , Inspector General of the Department of Defense (IG DoD), April 20, 2012, as amended (c) Title 10, United States Code (d) Section (b) of Title 28, Code of Federal Regulations (e) Title 42, United States Code (f)

9 DoD INSTRUCTION , Defense Incident-Based Reporting System (DIBRS), January 23, 2014 (g) DoD Directive , Department of Defense DoD Biometrics, February 21, 2008 January, 13, 2016 (h) Public Law 108-458, Intelligence Reform and Terrorism Prevention Act of 2004, December 17, 2004 (i) DoD Directive , DoD Forensic Enterprise, April 26, 2011 (ij) DoD Directive , DoD Privacy Program, October 29, 2014 (jk) DoD , Department of Defense Privacy Program, May 14, 2007 (kl ) Title 37, United States Code (l) Section 1707 of Public Law 113-66, National Defense Authorization Act for Fiscal Year 201 (m) Title 18, United States Code (n) Manual for Courts-Martial, United States, current edition (o) Commandant INSTRUCTION (series), Coast Guard Investigations Manual, current edition1 (p)

10 DoD INSTRUCTION , Administration of Military Correctional Facilities and Clemency and Parole Authority, March 11, 2013 1 This is a restricted Coast Guard document. A list of offenses that are investigated (see paragraph 3a of Enclosure 3) may be obtained by contacting the Coast Guard Freedom of Information Act Office, from the Internet at http:// DoDI , December 22, 2015 ENCLOSURE 2 Change 1, 03/09/2017 6 ENCLOSURE 2 RESPONSIBILITIES 1.