Carla Walker Act

Bill: 118-s-5498
Sponsor: full_name: Sen. Cornyn, John [R-TX]
Introduced: 2024-12-12
Policy area: Crime and Law Enforcement
Latest action: action_date: 2024-12-12
text: Read twice and referred to the Committee on the Judiciary.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 5498 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.

1. Short title This Act may be cited as the Carla Walker Act . 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 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. 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. 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 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.