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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5498 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5498

   To establish a grant program for certain State and local forensic 
                  activities, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 12, 2024

 Mr. Cornyn (for himself and Mr. Welch) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
   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) 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.

``SEC. 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 2024 through 2028.
            ``(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.

``SEC. 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 2024 through 2028.

``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 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.

``SEC. 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.''.

SEC. 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.
                                 <all>
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