scope:

PURPOSE. This Instruction:

a. Establishes policy, assigns responsibilities, and provides instructions for DNA collection requirements for criminal investigations in accordance with the authority in DoD Directive (DoDD) 5106.01 (Reference (a)) and the guidance in section 1565 of title 10, United States Code (U.S.C.); section 28.12(b) of title 28, Code of Federal Regulations; and sections 14132, 14135, and 14135a of title 42, U.S.C. (References (b), (c), and (d)).

b. Recognizes the Department of Defense and the Coast Guard as "agencies of the United States" for the collection of DNA samples pursuant to References (c) and (d).

c. 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 DoDD 7730.47 (Reference (e)).

d. Does not regulate DNA or other biometric data collected from non-U.S. persons who are detained or held by the Department of Defense or the Coast Guard during combat or operational activities.

e. Does not regulate DNA or other biometrical data collected pursuant to DoDD 8521.01E and Public Law 108-458 (References (f) and (g)).

f. Does not regulate DNA samples maintained for identification of human remains, referred to in section 1565a of Reference (b).

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), 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 (IG DoD), the Defense Agencies, the DoD Field Activities, and all other organizational entities within the Department of Defense (hereafter referred to collectively as the "DoD Components").