Carla Walker Act

New subsection 3062(e) adds 10 specific requirements for FGG use: mandatory CODIS upload before attempting FGG, prohibition on arrest based solely on genetic association, requirement to identify as law enforcement to genealogy services, restriction to services with explicit public notice, informed consent for third-party reference samples (with a narrow exception), confidentiality obligations, limitation of use to identification purposes only, data access controls, compliance with state and federal law for covert collection, and a ban on determining genetic predisposition for disease or psychological traits.

The use-of-grant provisions in 3062(d) removed the qualifier that unidentified human remains must be 'reasonably believed by investigators to be the remains of a suspected homicide victim,' broadening eligibility for FGG testing on unidentified remains. Outsourcing options were expanded to include medical examiner/coroner's offices and prosecutor's offices, while removing the option to outsource to non-accredited labs that merely attest to pursue accreditation (that requirement was moved into the definition).

New subsection 3062(f) requires the Attorney General to promulgate regulations within 1 year of enactment to promote reasoned exercise of investigative, scientific, and prosecutorial discretion in FGG cases, incorporating the requirements from subsection (e).

New section 3066 provides that nothing in the part preempts state or local laws containing requirements that provide equivalent or greater protection than the federal requirements.

Section 3063 was retitled from 'Grants to purchase forensic equipment' to 'Grants for forensic equipment and database searching,' and the grant purpose was expanded to include funding genealogical database searches, not just equipment purchases. A new compliance subsection requires adherence to the Interim Policy and regulations, with an exception for activities involving unidentified human remains.

Eligible entities for DNA analysis grants (3062) now include county law enforcement agencies and a new category of 'publicly funded accredited forensic laboratory.' Prosecutor's offices are now qualified as 'State, Tribal, county, or local' rather than just any prosecutor's office. For equipment grants (3063), the accreditation requirement was removed from publicly funded labs and prosecutor's offices were added as eligible.

The funding authorization window for both grant programs shifted from fiscal years 2025 through 2029 to fiscal years 2027 through 2031, delaying the start of funding by two years while maintaining the same $5 million annual amount.

The definition of 'forensic analysis' was broadened: changed from 'required by' to 'requested by,' added coroner or medical examiner's office as a requester, expanded evidence types to include 'biological evidence,' and expanded purposes beyond determining connection to a criminal act to include investigative purposes (including identifying unidentified human remains) and prosecutorial, defense, or court-ordered judicial purposes. A new definition of 'accredited forensic laboratory' was created with a 2-year accreditation deadline tied to first grant receipt or first analysis request.

The DOJ report deadline was extended from 2 years to 3 years after enactment. The scope of recommendations in that report was narrowed, changing from recommending 'implementing forensic investigative genetic genealogy technology' and 'necessary regulations' to simply noting 'expected funding needs' and 'whether regulations are needed.'

Reporting requirements in section 3065 were restructured: the trigger changed from receiving a grant to receiving final disbursement of funds, new result categories were added (ongoing analysis, incomplete analysis), and the language shifted from 'identification' to 'lead resulting in identification' for several outcome measures.