Speech #1090099676

Fourth. the DNA Fingerprint Act allows the Federal Government to take and keep DNA samples from Federal arrestees and from nonU.S. persons who are detained under Federal authority. (A "United States person" is a citizen of the United States or an alien lawfully admitted for permanent residence. See 50 U.S.C. 1801(i).) The act gives the Attorney General the authority to Issue regulations requiring the collection of such DNA profiles--including requiring other Federal agencies to collect the profiles. As the National Immigration Law Center noted in its October commentary on this section of the Act. "[u]nder this provision. the attorney general could authorize the Dept. of Homeland Security and its immigration agencies to collect DNA samples from immigrants who are arrested and nonUnited States persons who are detained under the authority of the United States." And as the NILCs commentary also notes. the word "detained covers a wide spectrum of circumstances. The dictionary definition of detained is to keep from proceeding or to keep in custody or temporary confinement." Finally. the act tolls the statute of limitations for Federal sex offenses. Current law generally tolls the statute of limitations for felony cases in which the perpetrator is implicated in the offense through DNA testing.