#aaith ,,congress #b;d ,session ,s4 #ahij ,,an ,,act ,to establish a grant program for certain ,state and local forensic activities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,carla ,walker ,act4 #b4 ,grants to improve forensic activities ,title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq47 is amended by adding at the end the following3 ,,pp ,grants to improve forensic activities #cjfa4 ,definitions ,in this part3 7#a7 ,accredited forensic laboratory ,the term accredited forensic laboratory means a forensic laboratory that-- 7,a7 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 arrangement2 or 7,b7 attests1 in a legally binding and enforceable manner1 to prepare and apply for an accreditation described in subparagraph 7,a7 not later than #b years after date on which the forensic laboratory-- 7i7 first receives a grant under this part2 or 7ii7 first receives a request for analysis from an eligible entity receiving a grant under this part4 7#b7 ,,fgg ,,dna analysis and searching ,the term ,,fgg ,,dna analysis and searching means-- 7,a7 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 profile2 and 7,b7 the subsequent search of that genetic genealogy profile in a genetic genealogy service4 7#c7 ,forensic analysis ,the term forensic analysis means an expert examination1 interpretation1 or test-- 7,a7 requested by a law enforcement agency1 a coroner or medical examiner's office1 a prosecutor1 a criminal suspect or defendant1 or a court2 and 7,b7 performed on physical or biological evidence for-- 7i7 investigative purposes1 including to determine the identity of unidentified human remains2 or 7ii7 prosecutorial1 defense1 or court-ordered judicial purposes4 7#d7 ,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 searching4 7#e7 ,forensic laboratory ,the term forensic laboratory means a facility1 entity1 or site that-- 7,a7 offers or performs forensic analysis2 and 7,b7 follows appropriate evidentiary1 documentation1 and quality assurance requirements for use in judicial proceedings4 7#f7 ,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 purposes4 7#g7 ,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 #a1 #bjai1 or any successor policy4 7#h7 ,law enforcement agency ,the term law enforcement agency means an agency of the ,united ,states1 a ,state1 a political subdivision of a ,state1 or an ,indian ,tribe authorized by law or by a government agency to engage in or supervise the prevention1 detection1 investigation1 or prosecution of any violation of criminal law4 #cjfb4 ,,dna analysis grants 7a7 ,eligible entity defined ,in this section1 the term eligible entity means-- 7#a7 a ,state2 7#b7 a ,tribal1 county1 or local law enforcement agency2 7#c7 a publicly funded accredited forensic laboratory2 7#d7 a ,state1 ,tribal1 county1 or local prosecutor's office with a forensic laboratory capability2 7#e7 a medical examiner's office2 and 7#f7 a coroner's office4 7b7 ,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-- 7#a7 to conduct whole genome sequencing technology to assess not less than #ajj1jjj genetic markers2 and 7#b7 that is compatible with genealogical databases4 7c7 ,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 require4 7d7 ,use of grant ,an eligible entity that receives a grant under this section shall use funds from the grant for any of the following purposes3 7#a7 ,to carry out ,,dna analyses of physical evidence collected under applicable legal authority using the technology described in subsection 7b7 if the submission of such physical evidence to the ,combined ,,dna ,index ,system has failed to produce an investigative lead4 7#b7 ,to carry out ,,dna analyses of unidentified human remains using the technology described in subsection 7b7 if submission of such samples to the ,combined ,,dna ,index ,system has failed to produce an investigative lead4 7#c7 ,to outsource an activity described in paragraph 7#a7 or 7#b7 for the use of technology described in subsection 7b7 and searching to-- 7,a7 an accredited publicly funded forensic laboratory2 7,b7 a medical examiner or coroner's office2 7,c7 a ,state1 ,tribal1 county1 or local prosecutor's office with a forensic laboratory capability2 or 7,d7 a nongovernmental accredited forensic laboratory4 7e7 ,requirements and limitations with respect to genetic genealogy ,an eligible entity that receives a grant under this section-- 7#a7 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 ,system1 before attempting to use ,,fgg ,,dna analysis and searching with respect to the forensic profile-- 7,a7 shall upload the forensic profile to the ,combined ,,dna ,index ,system2 and 7,b7 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 match2 7#b7 with respect to an eligible entity that is a law enforcement agency1 may not arrest a suspect based solely on a genetic association generated by a genetic genealogy service2 7#c7 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 investigation1 shall-- 7,a7 identify as a law enforcement agency to any genetic genealogy service2 and 7,b7 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 remains2 7#d7 shall seek informed consent from third parties before collecting reference samples directly from an individual that will be used for ,,fgg ,,dna analysis and searching1 unless case-specific circumstances provide reasonable grounds to believe that this requirement would compromise the integrity of an investigation2 7#e7 shall treat all forensic genetic genealogy profiles and genetic genealogy service account information and data as confidential government information consistent with any applicable laws1 regulations1 policies1 and procedures2 7#f7 shall use biological samples and forensic genetic genealogy profiles only for law enforcement identification purposes2 7#g7 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 7#f72 7#h7 whenever possible1 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 users2 7#i7 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 law2 and 7#aj7 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 profile4 7f7 ,regulations ,not later than #a year after the date of enactment of this section1 the ,attorney ,general shall promulgate regulations to promote the reasoned exercise of investigative1 scientific1 and prosecutorial discretion in cases that involve forensic genetic genealogical ,,dna analysis and searching4 ,such regulations shall incorporate the requirements and limitations set forth under subsection 7e74 7g7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to the ,attorney ,general to carry out this section #e1jjj1jjj for each of fiscal years #bjbg through #bjca4 7#b7 ,limitations on use 7,a7 ,in general ,amounts appropriated to carry out this section-- 7i7 subject to subparagraph 7,b71 shall only be made available to carry out forensic genetic genealogical analysis2 and 7ii7 shall not be made available for staffing1 training1 travel1 or equipment4 7,b7 ,administrative costs ,the ,attorney ,general may use not more than #aj percent of amounts appropriated to carry out this section for administrative costs4 #cjfc4 ,grants for forensic equipment and database searching 7a7 ,eligible entity defined ,in this section1 the term eligible entity means-- 7#a7 a publicly funded accredited forensic laboratory2 7#b7 a ,state1 county1 local1 or ,tribal prosecutor's office with a forensic laboratory capability2 7#c7 a medical examiner's office2 and 7#d7 a coroner's office4 7b7 ,authorization of grants ,the ,attorney ,general may award a grant to an eligible entity for the purpose of-- 7#a7 purchasing equipment for ,,fgg ,,dna analysis and searching2 or 7#b7 funding searches to generate investigative leads for criminal investigations or unidentified human remains4 7c7 ,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 require4 7d7 ,use of funds ,an eligible entity that receives a grant under this section shall use funds from the grant-- 7#a7 to purchase forensic equipment1 including supplies1 reagents1 consumables1 and validation expenses1 for genetic genealogy techniques to generate investigative leads for criminal investigations or unidentified human remains2 and 7#b7 for genealogical database searching4 7e7 ,department of ,justice policy ,other than an activity involving unidentified human remains1 an activity carried out using funding from a grant under this section shall be carried out in compliance with-- 7#a7 the ,interim ,policy2 and 7#b7 the regulations promulgated under section #cjfb7;f74 7f7 ,authorization of appropriations ,there are authorized to be appropriated to the ,attorney ,general to carry out this section #e1jjj1jjj for each of fiscal years #bjbg through #bjca4 #cjfd4 ,administrative provisions 7a7 ,regulations ,the ,attorney ,general may promulgate guidelines1 regulations1 and procedures to carry out this part1 including guidelines1 regulations1 and procedures relating to the submission and review of applications for grants under sections #cjfb and #cjfc4 7b7 ,accountability 7#a7 ,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 grant1 the use of amounts from the grant1 outsourcing activities1 and compliance with-- 7,a7 section ,,viii1 entitled ,sample and ,data ,control and ,disposition1 of the ,interim ,policy2 and 7,b7 the regulations promulgated under section #cjfb7;f74 7#b7 ,access ,for the purpose of conducting audits and examinations1 the ,attorney ,general shall have access to any book1 document1 or record of an eligible entity that receives a grant under this part1 a ,state or unit of local government within which the eligible entity operates1 and any entity to which the eligible entity outsources work using amounts from the grant if the ,attorney ,general determines that the book1 document1 or record relates to-- 7,a7 the receipt of the grant2 7,b7 the use of funds from the grant2 or 7,c7 compliance with-- 7i7 section ,,viii1 entitled ,sample and ,data ,control and ,disposition1 of the ,interim ,policy2 or 7ii7 the regulations promulgated under section #cjfb7;f74 7#c7 ,suspension and debarment ,in carrying out this part1 the ,attorney ,general shall comply with part #ahj of title #b1 ,code of ,federal ,regulations1 or any successor regulation4 #cjfe4 ,reports ,not later than#a year after the date on which an eligible entity receives the final disbursement of funds from a grant under section #cjfb or #cjfc1 the eligible entity shall submit to the ,attorney ,general a report that includes-- 7#a7 the amount of funding the eligible entity received from the grant for each fiscal year for which the grant was awarded2 7#b7 the number of cases for which the eligible entity submitted for testing using ,,fgg ,,dna analysis and searching during the previous year2 7#c7 the number of cases for which the eligible entity performed testing using ,,fgg ,,dna analysis and searching during the previous year2 7#d7 the type of testing relating to ,,fgg ,,dna analysis and searching performed by the eligible entity during each year for which the grant was awarded1 including-- 7,a7 the name of any laboratory to which the eligible entity outsourced the testing2 7,b7 the type of sequencing equipment and method used for the testing2 and 7,c7 the results of the testing1 such as whether the testing resulted in successful victim or perpetrator identification1 no identification1 ongoing analysis1 or incomplete analysis1 and the time it took to obtain a result2 7#e7 during each year for which the grant was awarded1 the number of cases in which ,,fgg ,,dna analysis and searching-- 7,a7 resulted in a searchable profile in a publicly available genetic genealogy service2 7,b7 generated a lead resulting in a victim or perpetrator identification2 7,c7 generated a lead but did not generate a victim or perpetrator identification2 and 7,d7 did generate a lead and resulted in a victim or perpetrator identification by the end of the grant period directly resulting in an arrest2 and 7#f7 during each year for which the grant was awarded1 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 agency4 #cjff4 ,no preemption ,nothing in this part shall be construed to preempt any law 7including a regulation7 of a ,state1 or a political subdivision of a ,state1 containing requirements that provide equivalent or greater protection than the requirements of this part4 4 #c4 ,department of ,justice report ,not later than #c years after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with the ,forensic ,laboratory ,needs ,working ,group of the ,national ,institute of ,justice1 shall submit to ,congress a report-- 7#a7 on the awards and practices reported to the ,attorney ,general under section #cjfe of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh1 as added by this ,act2 7#b7 on forensic genetic genealogy analysis technologies and how best to implement forensic genetic genealogy analysis for eligible entities 7as defined in section #cjfc7;a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh1 as added by this ,act72 and 7#c7 that includes any recommendations relating to-- 7,a7 expected funding needs2 and 7,b7 whether regulations are needed for the use of forensic genetic genealogy analysis technology4 ,passed the ,senate ,june #aj1 #bjbf4,secretary