Carla Walker Act
The Carla Walker Act would create two new grant programs under the Omnibus Crime Control and Safe Streets Act of 1968 to expand state and local forensic capabilities, with a particular emphasis on DNA analysis and forensic genetic genealogy (FGG). The first program (DNA Analysis Grants) would allow eligible entities (states, tribal or local law enforcement, prosecutor’s offices with a forensic lab, medical examiner’s offices, and coroners) to obtain competitive grants to use advanced DNA technologies, including whole genome sequencing that analyzes at least 100,000 genetic markers, in ways compatible with genealogical databases used by law enforcement to generate investigative leads or identify unidentified human remains. The second program (Grants to Purchase Forensic Equipment Enabled for FGG) would provide funding to publicly funded, accredited forensic laboratories and medical examiner/coroner offices to buy equipment needed to deploy forensic genetic genealogy analysis and searching. The act sets annual funding of $5 million for each program for fiscal years 2024–2028, subject to certain limits (primarily for genealogical analysis activities, with up to 10% for administrative costs). It also requires compliance with existing DOJ guidelines on forensic genealogical DNA analysis, reporting by grant recipients, and periodic audits. A Department of Justice report to Congress within two years would evaluate grant awards and practices, explore how best to implement forensic investigative genetic genealogy in publicly funded labs, and offer recommendations on funding needs and regulatory requirements.
Key Points
- 1Definitions and scope
- 2- Establishes a new grant program for forensic activities, including DNA analysis and genealogy-based methods.
- 3- Forensic analysis is defined as expert examinations or tests on physical evidence, including DNA, to connect evidence to a crime.
- 4- A forensic laboratory is a lab that offers forensic analysis and maintains proper chain-of-custody rules for authentication in court.
- 5DNA Analysis Grants (Section 3062)
- 6- Eligible entities: states, tribal/local law enforcement, prosecutors with lab capability, medical examiners, and coroners.
- 7- Funding purpose: use DNA technology (including whole genome sequencing to assess at least 100,000 markers) compatible with genealogical databases used for investigative leads or unidentified remains.
- 8- Use of funds: (A) DNA analyses to pursue leads when traditional CODIS submissions fail; (B) DNA analyses to identify unidentified remains in homicide investigations; (C) outsourcing to accredited labs (public or private) or to nongovernmental labs that commit to gaining accreditation within 2 years.
- 9- Policy alignment: must follow DOJ interim policy on forensic genealogical DNA analysis and searching (as of Nov 1, 2019, or successor).
- 10Equipment Grants for Forensic Genealogy (Section 3063)
- 11- Eligible entities: publicly funded and accredited forensic labs, medical examiners, and coroners.
- 12- Funding purpose: purchase equipment and supplies to deploy forensic genetic genealogy techniques and searching.
- 13- Use of funds: to acquire equipment, supplies, reagents, validation costs, and related expenses to implement FGG, in line with DOJ policy.
- 14- Authorization: $5 million per year for fiscal years 2024–2028.
- 15Administrative and oversight (Section 3064)
- 16- DOJ may issue regulations and guidelines to administer the grant programs.
- 17- Recipients must maintain records for audits and comply with data and sample handling/disposition standards under the DOJ policy.
- 18- The Attorney General has audit access to grant-related records and must follow applicable suspension/debarment rules.
- 19Reporting (Section 3065)
- 20- Recipients must report within one year of receiving a grant on funding amounts, cases tested with forensic genealogical DNA analysis, outsourcing details, testing types, results (including identifications and timeframes), and the impact of the genealogy work (e.g., successful identifications or arrests).
- 21DOJ Congressional Report (Section 3)
- 22- Within two years of enactment, the Attorney General (in consultation with NIJ’s Forensic Laboratory Needs Working Group) must report to Congress on:
- 23- Awards and practices under these sections.
- 24- Forensic genetic genealogy technologies and implementation in publicly funded labs.
- 25- Recommendations for implementing FGG, funding needs, and necessary regulations.