[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1890 Engrossed in Senate (ES)]
<DOC>
119th CONGRESS
2d Session
S. 1890
_______________________________________________________________________
AN ACT
To establish a grant program for certain State and local forensic
activities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Carla Walker Act''.
SEC. 2. GRANTS TO IMPROVE FORENSIC ACTIVITIES.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101 et seq.) is amended by adding at the end the
following:
``PART PP--GRANTS TO IMPROVE FORENSIC ACTIVITIES
``SEC. 3061. DEFINITIONS.
``In this part:
``(1) Accredited forensic laboratory.--The term `accredited
forensic laboratory' means a forensic laboratory that--
``(A) is accredited by an accrediting body that is
a signatory to an internationally recognized
arrangement and that offers accreditation to forensic
science conformity assessment bodies using an
accreditation standard that is recognized by that
internationally recognized arrangement; or
``(B) attests, in a legally binding and enforceable
manner, to prepare and apply for an accreditation
described in subparagraph (A) not later than 2 years
after date on which the forensic laboratory--
``(i) first receives a grant under this
part; or
``(ii) first receives a request for
analysis from an eligible entity receiving a
grant under this part.
``(2) FGG dna analysis and searching.--The term `FGG DNA
analysis and searching' means--
``(A) forensic genetic genealogical DNA analysis of
a forensic or reference sample of biological material
by an accredited forensic laboratory to develop a
forensic genetic genealogy profile; and
``(B) the subsequent search of that genetic
genealogy profile in a genetic genealogy service.
``(3) Forensic analysis.--The term `forensic analysis'
means an expert examination, interpretation, or test--
``(A) requested by a law enforcement agency, a
coroner or medical examiner's office, a prosecutor, a
criminal suspect or defendant, or a court; and
``(B) performed on physical or biological evidence
for--
``(i) investigative purposes, including to
determine the identity of unidentified human
remains; or
``(ii) prosecutorial, defense, or court-
ordered judicial purposes.
``(4) Forensic genetic genealogy profile.--The term
`forensic genetic genealogy profile' means a single nucleotide
polymorphisms-based genetic profile generated from a forensic
or reference sample by an accredited forensic laboratory for
the purpose of conducting FGG DNA analysis and searching.
``(5) Forensic laboratory.--The term `forensic laboratory'
means a facility, entity, or site that--
``(A) offers or performs forensic analysis; and
``(B) follows appropriate evidentiary,
documentation, and quality assurance requirements for
use in judicial proceedings.
``(6) Genetic genealogy service.--The term `genetic
genealogy service' means a repository of genetic data
containing genetic profiles submitted by individuals that
permits search by a law enforcement agency for forensic genetic
genealogy purposes.
``(7) Interim policy.--The term `Interim Policy' means the
`Interim Policy on Forensic Genetic Genealogical DNA Analysis
and Searching' of the Department of Justice dated November 1,
2019, or any successor policy.
``(8) Law enforcement agency.--The term `law enforcement
agency' means an agency of the United States, a State, a
political subdivision of a State, or an Indian Tribe authorized
by law or by a government agency to engage in or supervise the
prevention, detection, investigation, or prosecution of any
violation of criminal law.
``SEC. 3062. DNA ANALYSIS GRANTS.
``(a) Eligible Entity Defined.--In this section, the term `eligible
entity' means--
``(1) a State;
``(2) a Tribal, county, or local law enforcement agency;
``(3) a publicly funded accredited forensic laboratory;
``(4) a State, Tribal, county, or local prosecutor's office
with a forensic laboratory capability;
``(5) a medical examiner's office; and
``(6) a coroner's office.
``(b) Authorization of Grants.--The Attorney General may award a
competitive grant to an eligible entity for the purpose of using any
technology used in a forensic laboratory--
``(1) to conduct whole genome sequencing technology to
assess not less than 100,000 genetic markers; and
``(2) that is compatible with genealogical databases.
``(c) Applications.--An eligible entity seeking a grant under this
section shall submit to the Attorney General an application at such
time and in such form as the Attorney General may require.
``(d) Use of Grant.--An eligible entity that receives a grant under
this section shall use funds from the grant for any of the following
purposes:
``(1) To carry out DNA analyses of physical evidence
collected under applicable legal authority using the technology
described in subsection (b) if the submission of such physical
evidence to the Combined DNA Index System has failed to produce
an investigative lead.
``(2) To carry out DNA analyses of unidentified human
remains using the technology described in subsection (b) if
submission of such samples to the Combined DNA Index System has
failed to produce an investigative lead.
``(3) To outsource an activity described in paragraph (1)
or (2) for the use of technology described in subsection (b)
and searching to--
``(A) an accredited publicly funded forensic
laboratory;
``(B) a medical examiner or coroner's office;
``(C) a State, Tribal, county, or local
prosecutor's office with a forensic laboratory
capability; or
``(D) a nongovernmental accredited forensic
laboratory.
``(e) Requirements and Limitations With Respect to Genetic
Genealogy.--An eligible entity that receives a grant under this
section--
``(1) with respect to a forensic profile derived from a
candidate forensic sample for which a sufficient quantity of
DNA exists and which meets the eligibility requirements of the
Combined DNA Index System, before attempting to use FGG DNA
analysis and searching with respect to the forensic profile--
``(A) shall upload the forensic profile to the
Combined DNA Index System; and
``(B) may only proceed with FGG DNA analysis and
searching if a search of the uploaded forensic profile
in the Combined DNA Index System fails to produce a
probative and confirmed DNA match;
``(2) with respect to an eligible entity that is a law
enforcement agency, may not arrest a suspect based solely on a
genetic association generated by a genetic genealogy service;
``(3) with respect to an eligible entity that is a law
enforcement agency or an entity conducting genetic genealogical
research on behalf of a law enforcement agency or to inform a
criminal investigation, shall--
``(A) identify as a law enforcement agency to any
genetic genealogy service; and
``(B) enter and search forensic genetic genealogy
profiles only in a genetic genealogy service that
provides explicit notice to users of the genetic
genealogy service and the public that law enforcement
may use the genetic genealogy service to investigate
crimes or identify unidentified human remains;
``(4) shall seek informed consent from third parties before
collecting reference samples directly from an individual that
will be used for FGG DNA analysis and searching, unless case-
specific circumstances provide reasonable grounds to believe
that this requirement would compromise the integrity of an
investigation;
``(5) shall treat all forensic genetic genealogy profiles
and genetic genealogy service account information and data as
confidential government information consistent with any
applicable laws, regulations, policies, and procedures;
``(6) shall use biological samples and forensic genetic
genealogy profiles only for law enforcement identification
purposes;
``(7) shall take all reasonable and necessary steps and
precautions to ensure that others who have authorized access to
biological samples and forensic genetic genealogy profiles
follow the same limitation of use of those samples required
under paragraph (6);
``(8) whenever possible, shall use only genetic genealogy
services that configure service site user settings that control
access to forensic genetic genealogy profile data and
associated account information in a manner that will prevent
that data and information from being viewed by other service
users;
``(9) shall conduct covert collection of a DNA sample for
the purpose of performing FGG DNA analysis and searching in
accordance with applicable State and Federal law; and
``(10) may not use a biological sample or a forensic
genetic genealogy profile to determine the genetic
predisposition for disease or any other medical condition or
psychological trait of the donor of the sample or profile.
``(f) Regulations.--Not later than 1 year after the date of
enactment of this section, the Attorney General shall promulgate
regulations to promote the reasoned exercise of investigative,
scientific, and prosecutorial discretion in cases that involve forensic
genetic genealogical DNA analysis and searching. Such regulations shall
incorporate the requirements and limitations set forth under subsection
(e).
``(g) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Attorney General to carry out this section $5,000,000
for each of fiscal years 2027 through 2031.
``(2) Limitations on use.--
``(A) In general.--Amounts appropriated to carry
out this section--
``(i) subject to subparagraph (B), shall
only be made available to carry out forensic
genetic genealogical analysis; and
``(ii) shall not be made available for
staffing, training, travel, or equipment.
``(B) Administrative costs.--The Attorney General
may use not more than 10 percent of amounts
appropriated to carry out this section for
administrative costs.
``SEC. 3063. GRANTS FOR FORENSIC EQUIPMENT AND DATABASE SEARCHING.
``(a) Eligible Entity Defined.--In this section, the term `eligible
entity' means--
``(1) a publicly funded accredited forensic laboratory;
``(2) a State, county, local, or Tribal prosecutor's office
with a forensic laboratory capability;
``(3) a medical examiner's office; and
``(4) a coroner's office.
``(b) Authorization of Grants.--The Attorney General may award a
grant to an eligible entity for the purpose of--
``(1) purchasing equipment for FGG DNA analysis and
searching; or
``(2) funding searches to generate investigative leads for
criminal investigations or unidentified human remains.
``(c) Applications.--An eligible entity seeking a grant under this
section shall submit to the Attorney General an application at such
time and in such form as the Attorney General may require.
``(d) Use of Funds.--An eligible entity that receives a grant under
this section shall use funds from the grant--
``(1) to purchase forensic equipment, including supplies,
reagents, consumables, and validation expenses, for genetic
genealogy techniques to generate investigative leads for
criminal investigations or unidentified human remains; and
``(2) for genealogical database searching.
``(e) Department of Justice Policy.--Other than an activity
involving unidentified human remains, an activity carried out using
funding from a grant under this section shall be carried out in
compliance with--
``(1) the Interim Policy; and
``(2) the regulations promulgated under section 3062(f).
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General to carry out this section
$5,000,000 for each of fiscal years 2027 through 2031.
``SEC. 3064. ADMINISTRATIVE PROVISIONS.
``(a) Regulations.--The Attorney General may promulgate guidelines,
regulations, and procedures to carry out this part, including
guidelines, regulations, and procedures relating to the submission and
review of applications for grants under sections 3062 and 3063.
``(b) Accountability.--
``(1) Records.--An eligible entity that receives a grant
under this part shall maintain such records as the Attorney
General may require to facilitate an effective audit relating
to the receipt of the grant, the use of amounts from the grant,
outsourcing activities, and compliance with--
``(A) section VIII, entitled `Sample and Data
Control and Disposition', of the Interim Policy; and
``(B) the regulations promulgated under section
3062(f).
``(2) Access.--For the purpose of conducting audits and
examinations, the Attorney General shall have access to any
book, document, or record of an eligible entity that receives a
grant under this part, a State or unit of local government
within which the eligible entity operates, and any entity to
which the eligible entity outsources work using amounts from
the grant if the Attorney General determines that the book,
document, or record relates to--
``(A) the receipt of the grant;
``(B) the use of funds from the grant; or
``(C) compliance with--
``(i) section VIII, entitled `Sample and
Data Control and Disposition', of the Interim
Policy; or
``(ii) the regulations promulgated under
section 3062(f).
``(3) Suspension and debarment.--In carrying out this part,
the Attorney General shall comply with part 180 of title 2,
Code of Federal Regulations, or any successor regulation.
``SEC. 3065. REPORTS.
``Not later than1 year after the date on which an eligible entity
receives the final disbursement of funds from a grant under section
3062 or 3063, the eligible entity shall submit to the Attorney General
a report that includes--
``(1) the amount of funding the eligible entity received
from the grant for each fiscal year for which the grant was
awarded;
``(2) the number of cases for which the eligible entity
submitted for testing using FGG DNA analysis and searching
during the previous year;
``(3) the number of cases for which the eligible entity
performed testing using FGG DNA analysis and searching during
the previous year;
``(4) the type of testing relating to FGG DNA analysis and
searching performed by the eligible entity during each year for
which the grant was awarded, including--
``(A) the name of any laboratory to which the
eligible entity outsourced the testing;
``(B) the type of sequencing equipment and method
used for the testing; and
``(C) the results of the testing, such as whether
the testing resulted in successful victim or
perpetrator identification, no identification, ongoing
analysis, or incomplete analysis, and the time it took
to obtain a result;
``(5) during each year for which the grant was awarded, the
number of cases in which FGG DNA analysis and searching--
``(A) resulted in a searchable profile in a
publicly available genetic genealogy service;
``(B) generated a lead resulting in a victim or
perpetrator identification;
``(C) generated a lead but did not generate a
victim or perpetrator identification; and
``(D) did generate a lead and resulted in a victim
or perpetrator identification by the end of the grant
period directly resulting in an arrest; and
``(6) during each year for which the grant was awarded, the
average number of days it took to make any identification
between the date of sample submission for FGG DNA analysis and
searching and the date of delivery of test results to the
requesting office or agency.
``SEC. 3066. NO PREEMPTION.
``Nothing in this part shall be construed to preempt any law
(including a regulation) of a State, or a political subdivision of a
State, containing requirements that provide equivalent or greater
protection than the requirements of this part.''.
SEC. 3. DEPARTMENT OF JUSTICE REPORT.
Not later than 3 years after the date of enactment of this Act, the
Attorney General, in consultation with the Forensic Laboratory Needs
Working Group of the National Institute of Justice, shall submit to
Congress a report--
(1) on the awards and practices reported to the Attorney
General under section 3065 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as added by this Act;
(2) on forensic genetic genealogy analysis technologies and
how best to implement forensic genetic genealogy analysis for