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:

Grants to improve forensic activities

3061.

Definitions

In this part:(1)

Accredited forensic laboratory

The term accredited forensic laboratory means a forensic laboratory that—(A)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 arrangement; or(B)attests, in a legally binding and enforceable manner, to prepare and apply for an accreditation described in subparagraph (A) not later than 2 years after date on which the forensic laboratory—(i)first receives a grant under this part; or(ii)first receives a request for analysis from an eligible entity receiving a grant under this part.(2)

FGG DNA analysis and searching

The term FGG DNA analysis and searching means—(A)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 profile; and(B)the subsequent search of that genetic genealogy profile in a genetic genealogy service.(3)

Forensic analysis

The term forensic analysis means an expert examination, interpretation, or test—(A)requested by a law enforcement agency, a coroner or medical examiner’s office, a prosecutor, a criminal suspect or defendant, or a court; and(B)performed on physical or biological evidence for—(i)investigative purposes, including to determine the identity of unidentified human remains; or(ii)prosecutorial, defense, or court-ordered judicial purposes.(4)

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 searching.(5)

Forensic laboratory

The term forensic laboratory means a facility, entity, or site that—(A)offers or performs forensic analysis; and(B)follows appropriate evidentiary, documentation, and quality assurance requirements for use in judicial proceedings.(6)

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 purposes.(7)

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 1, 2019, or any successor policy.(8)

Law enforcement agency

The term law enforcement agency means an agency of the United States, a State, a political subdivision of a State, or an Indian Tribe authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.

3062.

DNA analysis grants

(a)

Eligible entity defined

In this section, the term eligible entity means—(1)a State;(2)a Tribal, county, or local law enforcement agency;(3)a publicly funded accredited forensic laboratory;(4)a State, Tribal, county, or local prosecutor’s office with a forensic laboratory capability;(5)a medical examiner’s office; and(6)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)to conduct whole genome sequencing technology to assess not less than 100,000 genetic markers; and(2)that is compatible with genealogical databases.(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

An eligible entity that receives a grant under this section shall use funds from the grant for any of the following purposes:(1)To carry out DNA analyses of physical evidence collected under applicable legal authority using the technology described in subsection (b) if the submission of such physical evidence to the Combined DNA Index System has failed to produce an investigative lead.(2)To carry out DNA analyses of unidentified human remains using the technology described in subsection (b) if submission of such samples to the Combined DNA Index System has failed to produce an investigative lead.(3)To outsource an activity described in paragraph (1) or (2) for the use of technology described in subsection (b) and searching to—(A)an accredited publicly funded forensic laboratory;(B)a medical examiner or coroner’s office;(C)a State, Tribal, county, or local prosecutor’s office with a forensic laboratory capability; or(D)a nongovernmental accredited forensic laboratory.(e)

Requirements and limitations with respect to genetic genealogy

An eligible entity that receives a grant under this section—(1)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 System, before attempting to use FGG DNA analysis and searching with respect to the forensic profile—(A)shall upload the forensic profile to the Combined DNA Index System; and(B)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 match;(2)with respect to an eligible entity that is a law enforcement agency, may not arrest a suspect based solely on a genetic association generated by a genetic genealogy service;(3)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 investigation, shall—(A)identify as a law enforcement agency to any genetic genealogy service; and(B)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 remains;(4)shall seek informed consent from third parties before collecting reference samples directly from an individual that will be used for FGG DNA analysis and searching, unless case-specific circumstances provide reasonable grounds to believe that this requirement would compromise the integrity of an investigation;(5)shall treat all forensic genetic genealogy profiles and genetic genealogy service account information and data as confidential government information consistent with any applicable laws, regulations, policies, and procedures;(6)shall use biological samples and forensic genetic genealogy profiles only for law enforcement identification purposes;(7)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 (6);(8)whenever possible, 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 users;(9)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 law; and(10)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 profile.(f)

Regulations

Not later than 1 year after the date of enactment of this section, the Attorney General shall promulgate regulations to promote the reasoned exercise of investigative, scientific, and prosecutorial discretion in cases that involve forensic genetic genealogical DNA analysis and searching. Such regulations shall incorporate the requirements and limitations set forth under subsection (e).(g)

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 2027 through 2031.(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, or 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 for forensic equipment and database searching

(a)

Eligible entity defined

In this section, the term eligible entity means—(1)a publicly funded accredited forensic laboratory;(2)a State, county, local, or Tribal prosecutor’s office with a forensic laboratory capability;(3)a medical examiner's office; and(4)a coroner's office.(b)

Authorization of grants

The Attorney General may award a grant to an eligible entity for the purpose of—(1)purchasing equipment for FGG DNA analysis and searching; or(2)funding searches 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 funds from the grant—(1)to purchase forensic equipment, including supplies, reagents, consumables, and validation expenses, for genetic genealogy techniques to generate investigative leads for criminal investigations or unidentified human remains; and(2)for genealogical database searching.(e)

Department of Justice policy

Other than an activity involving unidentified human remains, an activity carried out using funding from a grant under this section shall be carried out in compliance with—(1)the Interim Policy; and(2)the regulations promulgated under section 3062(f).(f)

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 2027 through 2031.

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—(A)section VIII, entitled Sample and Data Control and Disposition, of the Interim Policy; and(B)the regulations promulgated under section 3062(f).(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 part, 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 funds from the grant; or(C)compliance with—(i)section VIII, entitled Sample and Data Control and Disposition, of the Interim Policy; or(ii)the regulations promulgated under section 3062(f).(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 than1 year after the date on which an eligible entity receives the final disbursement of funds from 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 received from the grant for each fiscal year for which the grant was awarded;(2)the number of cases for which the eligible entity submitted for testing using FGG DNA analysis and searching during the previous year;(3)the number of cases for which the eligible entity performed testing using FGG DNA analysis and searching during the previous year;(4)the type of testing relating to FGG DNA analysis and searching performed by the eligible entity during each year for which the grant was awarded, including—(A)the name of any laboratory to which the eligible entity outsourced the testing;(B)the type of sequencing equipment and method used for the testing; and(C)the results of the testing, such as whether the testing resulted in successful victim or perpetrator identification, no identification, ongoing analysis, or incomplete analysis, and the time it took to obtain a result;(5)during each year for which the grant was awarded, the number of cases in which FGG DNA analysis and searching—(A)resulted in a searchable profile in a publicly available genetic genealogy service;(B)generated a lead resulting in a victim or perpetrator identification;(C)generated a lead but did not generate a victim or perpetrator identification; and(D)did generate a lead and resulted in a victim or perpetrator identification by the end of the grant period directly resulting in an arrest; and(6)during each year for which the grant was awarded, 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 agency.

3066.

No preemption

Nothing in this part shall be construed to preempt any law (including a regulation) of a State, or a political subdivision of a State, containing requirements that provide equivalent or greater protection than the requirements of this part.