H.R. 10393

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10393 Introduced in House (IH)]

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118th CONGRESS
2d Session
H. R. 10393

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

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

December 12, 2024

Mr. Hunt (for himself and Mr. Swalwell) introduced the following bill; 
which was 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.
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