4-25-2008 National:
On Friday April 18, 2008 the Department of Justice posted the following in the Federal Register: The Department of Justice is publishing this proposed rule to implement amendments made by section 1004 of the DNA Fingerprint Act of 2005 and section 155 of the Adam Walsh Child Protection and Safety Act of 2006 to section 3 of the DNA Analysis Backlog Elimination Act of 2000.
It might be a good idea to print the PROPOSED RULE from the Federal Register so you can read it before posting your comments: CLICK (it is a PDF file)
This rule directs agencies of the United States that arrest or detain individuals, or that supervise individuals facing charges, to collect DNA samples from individuals who are arrested, facing charges, or convicted, and from non-United States persons who are detained under the authority of the United States.
Unless otherwise directed by the Attorney General, the collection of DNA samples may be limited to individuals from whom an agency collects fingerprints. The Attorney General also may approve other limitations or exceptions.
Agencies collecting DNA samples are directed to furnish the samples to the Federal Bureau of Investigation, or to other agencies or entities as authorized by the Attorney General, for purposes of analysis and entry into the Combined DNA Index System.
DATES: Written comments must be submitted on or before May 19, 2008.
ADDRESSES: Comments may be mailed to David J. Karp, Senior Counsel, Office of Legal Policy, Room 4509, Main Justice Building, 950 Pennsylvania Avenue, NW., Washington, DC 20530. To ensure proper handling, please reference OAG Docket No. 119 on your correspondence.
In addition: You may submit comments electronically (That is done from the Regulations.gov website) . Here is the procedure to get you to the proper document on the Regulations.gov website:
1) Click on this link: http://www.regulations.gov/
2) In the SEARCH box enter: DOJ-OAG-2008-0009-0001
3) Near the bottom of the page you will see "View this document" and just above that is this Docket ID: DOJ-OAG-2008-0009 CLICK on that link
4) Now you will see a full page, where you can "add your comment," or see the comments that others have already entered.
Note: To add your comment click on the yellow balloon
which is on the PROPOSED RULE line over to the right side.
CAUTION: BEFORE ENTERING YOUR COMMENTS read the following which explains how to stop your PERSONAL or BUSINESS INFORMATION from appearing online, although your comment will still appear.
Posting of Public Comments:
Please note that all comments received are considered part of the public record and made available for public inspection online at http://www.regulations.gov. If you wish to submit a comment, the public posting will include voluntarily submitted personal identifying information (such as your name, address, etc.).
If you want to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not want it to be posted online, you must include the phrase ‘‘PERSONAL IDENTIFYING INFORMATION’’ in the first paragraph of your comment. You also must locate all the personal identifying information you do not want posted online in the first paragraph of your comment and identify what information you want redacted (not printed online).
If you want to submit confidential business information as part of your comment but do not want it to be posted online, you must include the phrase ‘‘CONFIDENTIAL BUSINESS INFORMATION’’ in the first paragraph of your comment. You also must identify prominently any confidential business information to be redacted within the comment.
If a comment has so much confidential business information that it cannot be redacted effectively, all or part of that comment might not be posted on http:// www.regulations.gov.
Personal identifying information and confidential business information identified and located as set forth above will be placed in the agency’s public docket file, but not posted online. If you wish to inspect the agency’s public docket file in person by appointment, please see the FOR FURTHER INFORMATION CONTACT paragraph.
Please remember that DNA is an ever evolving science. The articles I have recently posted here here and here show that more and more information can be learned from a person's DNA.
Another major point, where can DNA be collected from, the articles above show that when a person gives a blood sample or other body fluids for medical reasons, can the government obtain those to add to CODIS. Far fetched today, but ask any registered sex offender how those rules have evolved since their inception. Many questions remain.
Today this rule basically covers COLLECTING DNA but I see nothing in the rule that prevents lawmakers -in the future- from doing anything they want with the CODIS data base where all DNA information is stored.
This is a complicated proposed rule and honestly I don't have answers to many questions that my own mind conjures up. I am not sure that I can even take in the Acts that are involved here in time to enter an intelligent comment before the DEADLINE of May 19, 2008.
I suggest that, since multiple comments are permitted, when you think of something, make it a comment by itself.
Good luck, and I'll try my best to answer questions, but I am not an authority on this Proposed Rule.
Have a great day and a better tomorrow.
eAdvocate
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