Carla Walker Act in plain language
1: Short title
This section would give the Act the short title "Carla Walker Act."
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1. Short title This Act may be cited as the Carla Walker Act .
2: Grants to improve forensic activities
This section would add a new part, called "Grants to improve forensic activities" (Part PP), to Title I of the Omnibus Crime Control and Safe Streets Act of 1968. The new part would contain five sections, numbered 3061 through 3065.
The new section 3061 would define two terms for the new part. "Forensic analysis" would mean an expert examination or test that is required by a law enforcement agency, a prosecutor, a criminal suspect or defendant, or a relevant court, and that is performed on physical evidence, including DNA evidence, to determine the evidence's connection to a criminal act. "Forensic laboratory" would mean a facility, entity, or site that is accredited, or is pursuing the accreditation described in new section 3062(d)(1)(C)(iii), and that offers or performs forensic analysis and follows the relevant chain of custody requirements needed for a court to authenticate the evidence.
The new section 3062 would create DNA analysis grants. Eligible applicants would be a State, a Tribal or local law enforcement agency, a prosecutor's office with a forensic laboratory capability, a medical examiner's office, or a coroner's office. The Attorney General could award a competitive grant to an eligible entity to use forensic-laboratory technology that can conduct whole genome sequencing assessing at least 100,000 genetic markers and that is compatible with multiple genealogical databases that law enforcement agencies are permitted to use under this part, in order to generate investigative leads for criminal investigations or for identifying unidentified human remains. An eligible entity would apply to the Attorney General in whatever time and form the Attorney General requires. A grant recipient could use the funds to: run DNA analyses of samples collected under legal authority using that technology, but only if submitting the samples to the Combined DNA Index System (CODIS) already failed to produce investigative leads; run DNA analyses of unidentified human remains reasonably believed by investigators to be a suspected homicide victim's remains using that technology, but only if submitting the samples to CODIS already failed to identify them; or outsource either of those two activities, along with the related searching, to an accredited publicly funded forensic laboratory, an accredited nongovernmental forensic laboratory, or a nongovernmental forensic laboratory that gives the Attorney General a legally binding and enforceable attestation that it will prepare and apply for accreditation within 2 years after it first receives an analysis request from a grant-recipient entity. Any activity funded by the grant would have to follow the Department of Justice's Interim Policy on Forensic Genealogical DNA Analysis and Searching, dated November 1, 2019, or any successor policy, including its rules on communication between custodial CODIS laboratories and vendor laboratories. Congress would authorize $5,000,000 for the Attorney General for this section for each of fiscal years 2025 through 2029. That money could only be used to carry out forensic genetic genealogical analysis, except that the Attorney General could use up to 10 percent of the appropriated amount for administrative costs instead. Separately, with no exception for administrative costs or anything else, the money could not be used for staffing, training, travel, or equipment.
The new section 3063 would create a separate grant for buying forensic equipment enabled for forensic genetic genealogy DNA analysis and searching. Eligible applicants would be a publicly funded and accredited forensic laboratory, a medical examiner's office, or a coroner's office (this list does not include States, Tribal or local law enforcement agencies, or prosecutors' offices, unlike the section 3062 grant). The Attorney General could award a grant to an eligible entity to purchase equipment to deploy forensic genetic genealogical DNA analysis and searching to generate investigative leads for criminal investigations or unidentified human remains. An eligible entity would apply in whatever time and form the Attorney General requires. A recipient would use the funds to purchase forensic equipment, including supplies, reagents, consumables, and validation expenses, to deploy forensic genetic genealogy techniques as defined in the same DOJ Interim Policy (or any successor policy). Congress would authorize $5,000,000 for the Attorney General for this section for each of fiscal years 2025 through 2029.
The new section 3064 would set administrative rules for both grants. The Attorney General could issue guidelines, regulations, and procedures to run the new part, including for submitting and reviewing grant applications under sections 3062 and 3063. A grant recipient would have to keep whatever records the Attorney General requires to allow an effective audit of the grant's receipt and use, any outsourcing activity, and compliance with Section VIII ("Sample and Data Control and Disposition") of the DOJ Interim Policy (or successor policy). For audits and examinations, the Attorney General would have access to any book, document, or record of a grant-recipient entity, of a State or local government unit the entity operates within, or of any entity the recipient outsources work to using grant funds, whenever the Attorney General determines that the record relates to the grant's receipt or use or to compliance with that Section VIII. In running the new part, the Attorney General would have to follow the federal suspension-and-debarment rules in part 180 of title 2 of the Code of Federal Regulations, or any successor regulation.
The new section 3065 would require a grant recipient, no later than 1 year after receiving a grant under section 3062 or 3063, to send the Attorney General a report covering: the amount of grant funding received each fiscal year; the number of cases in which the entity used forensic genealogical DNA analysis testing during the previous year; the type of forensic genetic genealogical DNA testing performed, including the name of any laboratory the testing was outsourced to, the type of equipment used, and the results (such as whether the testing identified the victim or perpetrator or produced no identification, and how long the identification took); the number of cases in which the analysis produced a searchable profile in a publicly available genealogy database, generated a victim or perpetrator identification, did not generate an identification, or directly led to an arrest or victim identification; and the average number of days between submitting a sample for testing and delivering the results to the requesting office or agency.
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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: PP Grants to improve forensic activities 3061. Definitions In this part: (1) Forensic analysis The term forensic analysis means an expert examination or test— (A) required by a law enforcement agency, a prosecutor, a criminal suspect or defendant, or a relevant court; and (B) performed on physical evidence, including DNA evidence, for the purpose of determining the connection of the evidence to a criminal act. (2) Forensic laboratory The term forensic laboratory means a facility, entity, or site accredited or pursuing accreditation as described in section 3062(d)(1)(C)(iii) that— (A) offers or performs forensic analysis; and (B) follows relevant chain of custody requirements for authentication by an appropriate court. 3062. DNA analysis grants (a) Eligible entity defined In this section, the term eligible entity means— (1) a State; (2) a Tribal or local law enforcement agency; (3) a prosecutor’s office with a forensic laboratory capability; (4) a medical examiner’s office; and (5) 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) in order to conduct whole genome sequencing technology to assess at least 100,000 genetic markers ; and (2) that is compatible with multiple genealogical databases permitted to be used by law enforcement agencies under this part 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 grant (1) In general An eligible entity that receives a grant under this section shall use amounts from the grant for any of the following activities: (A) To carry out DNA analyses of samples collected under applicable legal authority using the technology described in subsection (b) if the submission of such samples to the Combined DNA Index System has failed to produce investigative leads. (B) To carry out DNA analyses of unidentified human remains reasonably believed by investigators to be the remains of a suspected homicide victim using the technology described in subsection (b) if submission of such samples to the Combined DNA Index System has failed to provide an identity. (C) To outsource an activity described in subparagraph (A) or (B) for the use of technology described in subsection (b) and searching to— (i) an accredited publicly funded forensic laboratory; (ii) an accredited nongovernmental forensic laboratory; or (iii) a nongovernmental forensic laboratory that attests to the Attorney General, in a manner that is legally binding and enforceable, that the nongovernmental forensic laboratory will prepare and apply for such accreditation not later than 2 years after the date on which the nongovernmental laboratory first receives a request for analysis from an eligible entity receiving a grant under this section. (2) DOJ policy An activity carried out using amounts from a grant under this section shall be carried out consistent with the policy of the Department of Justice entitled Interim Policy on Forensic Genealogical DNA Analysis and Searching and dated November 1, 2019, or any successor policy, including with respect to communication between custodial Combined DNA Index System laboratories and vendor laboratories. (e) 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 2025 through 2029. (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, and 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. 3063. Grants to purchase forensic equipment enabled for forensic genetic genealogy DNA analysis and searching (a) Eligible entity defined In this section, the term eligible entity means— (1) a publicly funded and accredited forensic laboratory; (2) a medical examiner's office; and (3) a coroner's office. (b) Authorization of grants The Attorney General may award a grant to an eligible entity for the purpose of purchasing equipment to deploy forensic genetic genealogical DNA analysis and searching 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 amounts from the grant to purchase forensic equipment, including supplies, reagents, consumables, and validation expenses, to deploy forensic genetic genealogy techniques, as defined in the Interim Policy on Forensic Genealogical DNA Analysis and Search of the Department of Justice dated November 1, 2019, or any successor policy, as applicable. (e) 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 2025 through 2029. 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 section VIII, entitled Sample and Data Control and Disposition , of the Interim Policy on Forensic Genealogical DNA Analysis and Search of the Department of Justice dated November 1, 2019, or any successor policy. (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 section, 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 amounts from the grant; or (C) compliance with section VIII, entitled Sample and Data Control and Disposition , of the Interim Policy on Forensic Genealogical DNA Analysis and Search of the Department of Justice dated November 1, 2019, or any successor policy. (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. 3065. Reports Not later than 1 year after the date on which an eligible entity receives 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 receives from the grant each fiscal year; (2) the number of cases for which the eligible entity performed testing using forensic genealogical DNA analysis during the previous year; (3) the type of forensic genetic genealogical DNA testing performed by the eligible entity, including— (A) the name of any laboratory to which the eligible entity outsources the testing; (B) the type of equipment used for the testing; and (C) the results of the testing, such as whether the testing resulted in successful victim or perpetrator identification or no identification and the time it took to make the identification; (4) the number of cases in which forensic genetic genealogical DNA analysis— (A) resulted in a searchable profile in a publicly available genealogy database; (B) generated a victim or perpetrator identification; (C) did not generate a victim or perpetrator identification; and (D) directly resulted in an arrest or victim identification; and (5) the average number of days it took to make an identification between the date of sample submission for forensic genetic genealogical DNA testing and the date of delivery of test results to the requesting office or agency. .
3: DOJ report
This section would require the Attorney General, no later than 2 years after this Act becomes law, to consult with the National Institute of Justice's Forensic Laboratory Needs Working Group and submit a report to Congress. The report would cover the awards and practices reported to the Attorney General under new section 3064 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (added by this Act); forensic genetic genealogy technologies and how best to bring forensic genetic genealogy into publicly funded forensic laboratories; and recommendations for implementing forensic investigative genetic genealogy technology, including expected funding needs, and for any regulations needed to use that technology.
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3. DOJ report Not later than 2 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 the Attorney General under section 3064 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by this Act; (2) on forensic genetic genealogy technologies and how best to implement forensic genetic genealogy into publicly funded forensic laboratories; and (3) that includes recommendations for— (A) implementing forensic investigative genetic genealogy technology, including expected funding needs; and (B) necessary regulations for the use of forensic investigative genetic genealogy technology.