[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2177 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2177

   To establish an Office of Forensic Science and a Forensic Science 
  Board, to strengthen and promote confidence in the criminal justice 
 system by ensuring scientific validity, reliability, and accuracy in 
               forensic testing, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 27, 2014

 Mr. Leahy (for himself and Mr. Cornyn) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To establish an Office of Forensic Science and a Forensic Science 
  Board, to strengthen and promote confidence in the criminal justice 
 system by ensuring scientific validity, reliability, and accuracy in 
               forensic testing, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Criminal Justice 
and Forensic Science Reform Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Purpose.
                    TITLE I--STRUCTURE AND OVERSIGHT

Sec. 101. Office of Forensic Science.
Sec. 102. Forensic Science Board.
Sec. 103. Committees.
Sec. 104. Authorization of appropriations.
        TITLE II--ACCREDITATION OF FORENSIC SCIENCE LABORATORIES

Sec. 201. Accreditation of forensic science laboratories.
Sec. 202. Standards for laboratory accreditation.
Sec. 203. Administration and enforcement of accreditation program.
         TITLE III--CERTIFICATION OF FORENSIC SCIENCE PERSONNEL

Sec. 301. Definitions.
Sec. 302. Certification of forensic science personnel.
Sec. 303. Standards for certification.
Sec. 304. Administration and review of certification program.
Sec. 305. Support and technical assistance for State and local 
                            laboratories.
                           TITLE IV--RESEARCH

Sec. 401. Research strategy and priorities.
Sec. 402. Research grants.
Sec. 403. Oversight and review.
Sec. 404. Public-private collaboration.
                 TITLE V--STANDARDS AND BEST PRACTICES

Sec. 501. Development of standards and best practices.
Sec. 502. Establishment and dissemination of standards and best 
                            practices.
Sec. 503. Review and oversight.
TITLE VI--ADDITIONAL RESPONSIBILITIES OF THE OFFICE OF FORENSIC SCIENCE 
                     AND THE FORENSIC SCIENCE BOARD

Sec. 601. Forensic science training and education for judges, 
                            attorneys, and law enforcement personnel.
Sec. 602. Educational programs in the forensic sciences.
Sec. 603. Medicolegal death investigation.
Sec. 604. Intergovernmental coordination.
Sec. 605. Anonymous reporting.
Sec. 606. Interoperability of databases and technologies.
Sec. 607. Code of ethics.
Sec. 608. Needs assessment.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the Forensic Science 
        Board established under section 102(a).
            (2) Committee.--The term ``Committee'' means a committee 
        established under section 103(a)(2).
            (3) Director.--The term ``Director'' means the Director of 
        the Office.
            (4) Forensic science discipline.--The term ``forensic 
        science discipline'' shall have the meaning given that term by 
        the Director in accordance with section 102(h).
            (5) Forensic science laboratory.--The term ``forensic 
        science laboratory'' shall have the meaning given that term by 
        the Director in accordance with section 201(c).
            (6) NIST.--The term ``NIST'' means the National Institute 
        of Standards and Technology.
            (7) Office.--The term ``Office'' means the Office of 
        Forensic Science established under section 101(a).
            (8) Relevant personnel.--The term ``relevant personnel'' 
        shall have the meaning given that term by the Director in 
        accordance with section 301(b).

SEC. 3. PURPOSE.

    The purpose of this Act is to strengthen and promote confidence in 
the criminal justice system by promoting standards and best practices 
and ensuring scientific validity, reliability, and accuracy with 
respect to forensic testing, analysis, identification, and comparisons, 
the results of which may be interpreted, presented, or otherwise used 
during the course of a criminal investigation or criminal court 
proceeding.

                    TITLE I--STRUCTURE AND OVERSIGHT

SEC. 101. OFFICE OF FORENSIC SCIENCE.

    (a) In General.--There is established an Office of Forensic Science 
within the Office of the Deputy Attorney General in the Department of 
Justice.
    (b) Officers and Staff.--
            (1) In general.--The Office shall include--
                    (A) a Director, who shall have a background in 
                science and be appointed by the Attorney General; and
                    (B) such other officers and staff as the Deputy 
                Attorney General and the Director determine 
                appropriate.
            (2) Leadership role of the director.--The Director shall 
        have primary responsibility for establishing and implementing 
        national policy regarding forensic science as used in the 
        criminal justice system.
            (3) Deadline.--Not later than 90 days after the date of 
        enactment of this Act, the initial appointment and hiring under 
        paragraph (1) shall be completed.
    (c) Vacancy.--In the event of a vacancy in the position of 
Director--
            (1) the Attorney General shall designate an acting 
        Director; and
            (2) during any period of vacancy before designation of an 
        acting Director, the Deputy Attorney General shall serve as 
        acting Director.
    (d) Collaboration and Coordination With NIST.--
            (1) In general.--Not later than 180 days after the 
        appointment of the Director, the Director and the Director of 
        NIST shall establish a Memorandum of Understanding to ensure 
        collaboration and coordination in the implementation of this 
        Act.
            (2) Requirements.--The Memorandum of Understanding required 
        under paragraph (1) shall include--
                    (A) policies and procedures to ensure that, in 
                implementing this Act, the Director and the Director of 
                NIST--
                            (i) incorporate appropriately the 
                        priorities and expertise of law enforcement and 
                        forensic practitioners; and
                            (ii) establish structures designed to 
                        guarantee independent and objective scientific 
                        determinations; and
                    (B) agreements governing--
                            (i) selection of members of Committees and 
                        support by NIST of the Committees in accordance 
                        with section 103;
                            (ii) administration by NIST of grant 
                        programs described in section 402;
                            (iii) designation of a liaison at NIST to 
                        facilitate communication between the Office and 
                        NIST; and
                            (iv) any other appropriate collaboration or 
                        coordination.
    (e) Liaison From the National Science Foundation.--The Director of 
the National Science Foundation, in consultation with the Director, 
shall designate a liaison at the National Science Foundation to--
            (1) facilitate communication and collaboration between the 
        Office and the National Science Foundation; and
            (2) encourage participation by the National Science 
        Foundation in implementing title IV of this Act.
    (f) Duties and Authority.--
            (1) In general.--The Office shall--
                    (A) assist the Board in carrying out all the 
                functions of the Board under this Act and such other 
                related functions as are necessary to perform the 
                functions of the Board; and
                    (B) evaluate and act upon the recommendations of 
                the Board in accordance with paragraph (3).
            (2) Specific responsibilities.--The Director shall--
                    (A) establish, lead, and oversee implementation of 
                accreditation and certification standards under titles 
                II and III;
                    (B) establish a comprehensive strategy for 
                scientific research in the forensic sciences under 
                title IV;
                    (C) establish standards and best practices for 
                forensic science disciplines under title V;
                    (D) define the term ``forensic science discipline'' 
                for the purposes of this Act in accordance with section 
                102(h);
                    (E) establish and maintain a list of forensic 
                science disciplines in accordance with section 102(h);
                    (F) establish Committees in accordance with section 
                103;
                    (G) define the term ``forensic science laboratory'' 
                for the purposes of this Act in accordance with section 
                201(c);
                    (H) establish a code of ethics for the forensic 
                science disciplines in accordance with section 607; and
                    (I) perform all other functions of the Office under 
                this Act and such other related functions as are 
                necessary to perform the functions of the Office 
                described in this Act.
            (3) Consideration of recommendations.--
                    (A) In general.--Upon receiving a recommendation 
                from the Board, the Director shall--
                            (i) give substantial deference to the 
                        recommendation; and
                            (ii) not later than 30 days after the date 
                        on which the Director receives the 
                        recommendation, determine whether to adopt, 
                        modify, or reject the recommendation.
                    (B) Modification.--
                            (i) In general.--If the Director determines 
                        to substantially modify a recommendation under 
                        subparagraph (A), the Director shall 
                        immediately notify the Board of the proposed 
                        modification.
                            (ii) Board recommendation.--Not later than 
                        30 days after the date on which the Director 
                        provides notice to the Board under clause (i), 
                        the Board shall submit to the Director a 
                        recommendation on whether the proposed 
                        modification should be adopted.
                            (iii) Acceptance of modification.--If the 
                        Board recommends that a proposed modification 
                        should be adopted under clause (ii), the 
                        Director may implement the modified 
                        recommendation.
                            (iv) Rejection of modification.--If the 
                        Board recommends that a proposed modification 
                        should not be adopted under clause (ii), the 
                        Director shall, not later than 10 days after 
                        the date on which the Board makes the 
                        recommendation--
                                    (I) provide notice and an 
                                explanation of the proposed 
                                modification to the Committee on the 
                                Judiciary and the Committee on 
                                Commerce, Science, and Transportation 
                                of the Senate and the Committee on the 
                                Judiciary and the Committee on Science, 
                                Space, and Technology of the House of 
                                Representatives; and
                                    (II) begin, with regard to the 
                                proposed modification, a rulemaking on 
                                the record after opportunity for an 
                                agency hearing.
                    (C) Rejection.--Not later than 30 days after the 
                date on which the Director determines to reject a 
                recommendation under subparagraph (A), the Director 
                shall--
                            (i) provide notice and an explanation of 
                        the decision to reject the recommendation to 
                        the Committee on the Judiciary and the 
                        Committee on Commerce, Science, and 
                        Transportation of the Senate and the Committee 
                        on the Judiciary and the Committee on Science, 
                        Space, and Technology of the House of 
                        Representatives; and
                            (ii) begin, with regard to the 
                        recommendation, a rulemaking on the record 
                        after opportunity for an agency hearing.
    (g) Web Site.--The Director shall--
            (1) establish a Web site that is publicly accessible; and
            (2) publish and maintain on the Web site--
                    (A) a central repository of recommendations of the 
                Board and all standards, best practices, protocols, 
                definitions, and other materials established, accepted, 
                or amended, by the Director under this Act; and
                    (B) a central repository of current and past 
                forensic science research, which shall be--
                            (i) collected and catalogued in a manner 
                        that is easily accessible to the public; and
                            (ii) updated no less frequently than once 
                        every 2 years.

SEC. 102. FORENSIC SCIENCE BOARD.

    (a) In General.--There is established a Forensic Science Board to 
serve as an advisory board regarding forensic science in order to 
strengthen and promote confidence in the criminal justice system by 
promoting standards and best practices and ensuring scientific 
validity, reliability, and accuracy with respect to forensic testing, 
analysis, identification, and comparisons, the results of which may be 
interpreted, presented, or otherwise used during the course of a 
criminal investigation or criminal court proceeding.
    (b) Appointment.--
            (1) In general.--The Board shall be composed of 17 members, 
        who shall--
                    (A) be appointed by the President not later than 
                180 days after the date of enactment of this Act; and
                    (B) come from professional communities that have 
                expertise relevant to and significant interest in the 
                field of forensic science.
            (2) Consideration and consultation.--In making an 
        appointment under paragraph (1), the President shall--
                    (A) consider the need for the Board to exercise 
                independent and objective scientific judgment; and
                    (B) consider, among other factors, membership on 
                the National Commission on Forensic Science and 
                recommendations from leading scientific organizations 
                and leading professional organizations in the field of 
                forensic science and other relevant fields.
            (3) Requirements.--The Board shall include--
                    (A) 11 voting members;
                    (B) 6 nonvoting members; and
                    (C) the ex officio members described in paragraph 
                (7).
            (4) Voting member requirements.--
                    (A) In general.--Of the 11 voting members--
                            (i) each shall have comprehensive 
                        scientific backgrounds;
                            (ii) not fewer than 6 shall have extensive 
                        experience and background in scientific 
                        research;
                            (iii) not fewer than 6 shall have extensive 
                        and current practical experience and background 
                        in forensic science; and
                            (iv) not less than 1 shall be a board 
                        certified forensic pathologist.
                    (B) Multiple requirements.--An individual voting 
                member may meet more than 1 of the requirements 
                described in clauses (ii) through (iv) of subparagraph 
                (A).
            (5) Nonvoting members.--One nonvoting member shall come 
        from each of the following categories:
                    (A) Judges.
                    (B) Prosecutors.
                    (C) State and local law enforcement officials.
                    (D) Criminal defense attorneys.
                    (E) Organizations that represent people who may 
                have been wrongly convicted.
                    (F) State and local laboratory directors.
            (6) Fulfillment of multiple requirements.--An individual 
        who fulfills the requirements described in paragraph (4) may 
        serve as a voting member even if that individual also fulfills 
        a requirement described in paragraph (5).
            (7) Ex officio members.--The Director, the Deputy Attorney 
        General, and the Directors of NIST and the National Science 
        Foundation, or their designees, shall serve as ex officio 
        members of the Board and shall not participate in voting.
            (8) Appointment of board chairperson.--The President shall 
        designate a voting member of the Board to serve as Chairperson 
        of the Board for the duration of that member's term.
    (c) Terms.--
            (1) In general.--Each voting and nonvoting member of the 
        Board, excluding ex officio members, shall be appointed for a 
        term of 6 years.
            (2) Exception.--Of the members first appointed to the 
        Board--
                    (A) 3 voting members and 2 nonvoting members shall 
                serve a term of 2 years;
                    (B) 4 voting members and 2 nonvoting members shall 
                serve a term of 4 years; and
                    (C) 4 voting members and 2 nonvoting members shall 
                serve a term of 6 years.
            (3) Renewable term.--A voting or nonvoting member of the 
        Board may be appointed for not more than a total of 2 terms, 
        including an initial term described in paragraph (2).
            (4) Vacancies.--
                    (A) In general.--In the event of a vacancy, the 
                President may appoint a member to fill the remainder of 
                the term.
                    (B) Additional term.--A member appointed under 
                subparagraph (A) may be reappointed for 1 additional 
                term.
            (5) Holdovers.--If a successor has not been appointed at 
        the conclusion of the term of a member of the Board, the member 
        of the Board may continue to serve until--
                    (A) a successor is appointed; or
                    (B) the member of the Board is reappointed.
    (d) Responsibilities.--The Board shall--
            (1) make recommendations to the Director relating to 
        research priorities and needs, accreditation and certification 
        standards, standards and protocols for forensic science 
        disciplines, and any other issue consistent with this Act;
            (2) monitor and evaluate--
                    (A) the administration of accreditation, 
                certification, and research programs and procedures 
                established under this Act; and
                    (B) the operation of the Committees;
            (3) review and update, as appropriate, any recommendations 
        made under paragraph (1);
            (4) identify, as appropriate, any additional issues that 1 
        or more Committees should consider; and
            (5) perform all other functions of the Board under this Act 
        and such other related functions as are necessary to perform 
        the functions of the Board.
    (e) Consultation.--The Board shall consult as appropriate with the 
Deputy Attorney General, the Director of NIST, the Director of the 
National Science Foundation, the Director of the National Institute of 
Justice, the Director of the Centers for Disease Control and 
Prevention, the Director of the National Institutes of Health, senior 
officials from other relevant Federal agencies including the Department 
of Defense, and relevant officials of State and local governments.
    (f) Meetings.--
            (1) In general.--The Board shall hold not fewer than 4 
        meetings of the full Board each year.
            (2) Requirements.--
                    (A) Notice.--The Board shall provide public notice 
                of any meeting of the Board in a reasonable period in 
                advance of the meeting.
                    (B) Open meetings.--A meeting of the Board shall be 
                open to the public.
                    (C) Quorum.--A majority of the voting members of 
                the Board shall be present for a quorum to conduct 
                business.
    (g) Votes.--
            (1) In general.--Decisions of the Board shall be made by an 
        affirmative vote of not less than \2/3\ of the members of the 
        Board voting.
            (2) Voting procedures.--
                    (A) Recorded.--All votes of the Board shall be 
                recorded.
                    (B) Remote and proxy voting.--If necessary, a 
                voting member of the Board may cast a vote--
                            (i) over the phone or through electronic 
                        mail or other electronic means if the vote is 
                        scheduled to take place during a time other 
                        than a full meeting of the Board; and
                            (ii) over the phone or by proxy if the vote 
                        is scheduled to take place during a full 
                        meeting of the Board.
    (h) Definition of Forensic Science Discipline.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the Board shall--
                    (A) develop a recommended definition of the term 
                ``forensic science discipline'' for purposes of this 
                Act, which shall encompass disciplines with a 
                sufficient scientific basis that involve forensic 
                testing, analysis, identification, or comparisons, the 
                results of which may be interpreted, presented, or 
                otherwise used during the course of a criminal 
                investigation or criminal court proceeding;
                    (B) develop a recommended list of forensic science 
                disciplines for purposes of this Act; and
                    (C) submit the recommended definition and proposed 
                list of forensic science disciplines to the Director.
            (2) Consideration.--In developing a recommended list of 
        forensic science disciplines under paragraph (1)(B), the Board 
        shall--
                    (A) consider each field from which courts in 
                criminal cases hear forensic testimony or admit 
                forensic evidence; and
                    (B) consult with relevant practitioners, experts, 
                and professional organizations.
            (3) Exclusion from list.--If the Board recommends that a 
        field should not be included on the list submitted under 
        paragraph (1) because the field has insufficient scientific 
        basis on the date of the recommendation of the Board, the Board 
        shall publish an explanation of the recommendation, which--
                    (A) shall be published on the Web site of the 
                Board; and
                    (B) may include a finding that a field could be 
                recognized as a forensic science discipline for 
                purposes of this Act, based on additional research.
            (4) Establishment.--After the Director receives the 
        recommendations of the Board under paragraph (1), the Director 
        shall, in accordance with section 101(f)(3), establish a 
        definition for the term ``forensic science discipline'', and 
        shall establish a list of forensic science disciplines.
            (5) Annual evaluation.--On an annual basis, the Board 
        shall--
                    (A) evaluate--
                            (i) whether any field should be added to 
                        the list of forensic science disciplines 
                        established under paragraph (4), including any 
                        field previously excluded; and
                            (ii) whether any field on the list of 
                        forensic science disciplines established under 
                        paragraph (4) should be modified or removed; 
                        and
                    (B) submit the evaluation conducted under 
                subparagraph (A), including any recommendations, to the 
                Director.
    (i) Staff.--
            (1) In general.--The Board may, without regard to the civil 
        service laws and regulations, appoint and terminate a staff 
        director and such other additional personnel as may be 
        necessary to enable the Board to perform the duties of the 
        Board.
            (2) Compensation.--The Board may fix the compensation of 
        the staff director and other personnel appointed under 
        paragraph (1) without regard to the provisions of chapter 51 
        and subchapter III of chapter 53 of title 5, United States 
        Code, relating to classification of positions and General 
        Schedule pay rates, except that the rate of pay for the 
        executive director and other personnel may not exceed the rate 
        payable for level V of the Executive Schedule under section 
        5316 of such title.
            (3) Personnel as federal employees.--
                    (A) In general.--Any personnel of the Board who are 
                employees shall be employees under section 2105 of 
                title 5, United States Code, for purposes of chapters 
                63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of that 
                title.
                    (B) Members of the board.--Subparagraph (A) shall 
                not be construed to apply to members of the Board.
            (4) Procurement of temporary and intermittent services.--
        The Board may procure temporary and intermittent services under 
        section 3109(b) of title 5, United States Code, at rates for 
        individuals which do not exceed the daily equivalent of the 
        annual rate of basic pay prescribed for level V of the 
        Executive Schedule under section 5316 of such title.
            (5) Voluntary services.--Notwithstanding section 1342 of 
        title 31, United States Code, the Board may accept and use 
        voluntary and uncompensated services for the Board as the Board 
        determines necessary.
    (j) Reports to Congress.--Not later than 2 years after the date of 
enactment of this Act, and every 2 years thereafter, the Board shall 
submit to Congress a report describing the work of the Board and the 
work of each Committee, which shall include a description of any 
recommendations, decisions, and other significant materials generated 
during the 2-year period.
    (k) Applicability of the Federal Advisory Committee Act.--
            (1) In general.--Subject to paragraphs (2) through (4), the 
        Federal Advisory Committee Act (5 U.S.C. App.) shall apply to 
        the Board.
            (2) Termination provision.--Section 14(a)(2) of the Federal 
        Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
        Board.
            (3) Compensation of members.--Members of the Board shall 
        serve without compensation for services performed for the 
        Board.
            (4) Travel expenses.--The members of the Board shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Board.
            (5) Designated federal officer.--In accordance with the 
        Federal Advisory Committee Act (5 U.S.C. App.), the Director 
        shall--
                    (A) serve as the designated Federal officer (as 
                described in section 10(e) of such Act); and
                    (B) designate an Advisory Committee Management 
                Officer (as described in section 8(b) of such Act) for 
                the Board.
    (l) Transfer and Consolidation of National Commission on Forensic 
Science.--Not later than 30 days after the date on which the first 
meeting of the Board occurs, the Attorney General or the Director of 
NIST, as the case may be, shall transfer to the Office, control, 
supervision, and any unobligated balances available for the operation 
of the National Commission on Forensic Science or any national 
commission that has a similar scope or responsibility to the Office.

SEC. 103. COMMITTEES.

    (a) Establishment and Maintenance of Committees.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the Board shall issue recommendations to 
        the Director relating to--
                    (A) the number of Committees that shall be 
                established to examine research needs, standards and 
                best practices, and certification standards for the 
                forensic science disciplines, which shall be sufficient 
                to--
                            (i) ensure that the Committees are 
                        representative of each forensic science 
                        discipline; and
                            (ii) allow the Committees to function 
                        effectively;
                    (B) the scope of responsibility for each Committee 
                recommended to be established, which shall ensure that 
                each forensic science discipline is addressed by a 
                Committee;
                    (C) what the relationship should be between the 
                Committees and any scientific working group, scientific 
                area committee, guidance group, or technical working 
                group that has a similar scope of responsibility; and
                    (D) whether any Committee should consider any field 
                not recognized as a forensic science discipline for the 
                purpose of determining whether there is research that 
                could be conducted and used to form the basis for 
                establishing the field as a forensic science 
                discipline.
            (2) Establishment.--After the Director receives the 
        recommendations of the Board under paragraph (1), the Director, 
        in consultation with the Director of NIST shall--
                    (A) consider how to adapt and incorporate any 
                scientific working group, scientific area committee, 
                guidance group, or technical working group operating 
                under the Department of Justice or NIST into a 
                Committee;
                    (B) in accordance with section 101(f)(3), 
                establish--
                            (i) Committees to examine research needs, 
                        standards, best practices, and certification 
                        standards for the forensic science disciplines, 
                        which shall be not fewer than 1; and
                            (ii) a clear scope of responsibility for 
                        each Committee; and
                    (C) publish a list of the Committees and the scope 
                of responsibility for each Committee on the Web site 
                for the Office.
            (3) Annual evaluation.--The Board, on an annual basis, 
        shall--
                    (A) evaluate whether--
                            (i) any new Committees should be 
                        established;
                            (ii) the scope of responsibility for any 
                        Committee should be modified; and
                            (iii) any Committee should be discontinued; 
                        and
                    (B) submit any recommendations relating to the 
                evaluation conducted under subparagraph (A) to the 
                Director.
            (4) Updates.--Upon receipt of any recommendations from the 
        Board under paragraph (3), the Director shall, in accordance 
        with section 101(f)(3), determine whether to establish, modify 
        the scope of, or discontinue any Committee.
            (5) Transfer and consolidation of scientific and technical 
        working groups.--Not later than 30 days after the date on which 
        the first meeting of a Committee occurs, the Attorney General 
        or the Director of NIST, as the case may be, shall transfer to 
        the Office, control, supervision, and any unobligated balances 
        available for the operation of any scientific working group, 
        scientific area committee, guidance group, or technical working 
        group that has a similar scope or responsibility to the 
        Committee.
    (b) Membership.--
            (1) In general.--Each Committee shall--
                    (A) consist of not more than 21 members--
                            (i) each of whom shall be a scientist with 
                        knowledge relevant to a forensic science 
                        discipline addressed by the Committee;
                            (ii) not less than 50 percent of whom shall 
                        have extensive experience and background in 
                        scientific research; and
                            (iii) not less than 50 percent of whom 
                        shall have extensive practical experience and 
                        background in the forensic sciences sufficient 
                        to ensure that the Committee has an adequate 
                        understanding of the factors and needs unique 
                        to the forensic sciences; and
                    (B) have a membership that represents a variety of 
                scientific disciplines, including the forensic 
                sciences.
            (2) Definition.--In this subsection, the term ``scientist'' 
        includes--
                    (A) a statistician with a scientific background; 
                and
                    (B) a board certified physician or forensic 
                pathologist with expertise in forensic sciences.
    (c) Appointment.--
            (1) In general.--The Director of NIST, in close 
        coordination with the Board and the Director and pursuant to 
        the Memorandum of Understanding required under section 101(d), 
        shall appoint the members of each Committee.
            (2) Consideration.--In appointing members to a Committee 
        under paragraph (1), the Director of NIST shall consider--
                    (A) the importance of analysis from scientists with 
                academic research backgrounds in both basic and applied 
                sciences; and
                    (B) the importance of input from experienced and 
                actively practicing forensic practitioners, including 
                individuals who participated in scientific working 
                groups, scientific area committees, guidance groups, or 
                technical working groups.
            (3) Vacancies.--In the event of a vacancy, the Director of 
        NIST, in consultation with the Board and the Director, may 
        appoint a member to fill the remainder of the term.
            (4) Holdovers.--If a successor has not been appointed at 
        the conclusion of the term of a member of the Committee, the 
        member of the Committee may continue to serve until--
                    (A) a successor is appointed; or
                    (B) the member of the Committee is reappointed.
    (d) Terms.--A member of a Committee shall serve for renewable terms 
of 4 years.
    (e) Support and Oversight.--
            (1) In general.--Pursuant to the Memorandum of 
        Understanding required under section 101(d), the Director of 
        NIST, in consultation with the Director, shall provide support 
        and staff for each Committee as needed.
            (2) Duties and oversight.--The Director of NIST, in 
        consultation with the Director, shall--
                    (A) perform periodic oversight of each Committee; 
                and
                    (B) report any concerns about the performance or 
                functioning of a Committee to the Board and the 
                Director.
            (3) Failure to comply.--If a Committee fails to produce 
        recommendations within the time periods required under this 
        Act, the Director of NIST, in consultation with the Director, 
        shall work with the Committee to assist the Committee in 
        producing the required recommendations in a timely manner.
    (f) Duties.--
            (1) In general.--A Committee shall have the duties and 
        responsibilities set out in this Act, and shall perform any 
        other functions determined appropriate by the Board.
            (2) Committee decisions and recommendations.--
                    (A) In general.--A Committee shall submit 
                recommendations and all recommended standards, 
                protocols, or other materials developed by the 
                Committee to the Board for evaluation.
                    (B) Prohibition of modification of decisions and 
                recommendations.--Any recommendations of a Committee 
                and any recommended standards, protocols, or other 
                materials developed by a Committee may be approved or 
                disapproved by the Board, but may not be modified by 
                the Board.
                    (C) Approval of decisions and recommendations.--If 
                the Board approves a recommendation or recommended 
                standard, protocol, or other material submitted by a 
                Committee under subparagraph (A), the Board shall 
                submit the recommendation or recommended standard, 
                protocol, or other material as a recommendation of the 
                Board, to the Director for consideration in accordance 
                with section 101(f)(3).
                    (D) Disapproval of decisions and recommendations.--
                If the Board disapproves of any recommendation of a 
                Committee or recommended standard, protocol, or other 
                material developed by a Committee--
                            (i) the Board shall provide in writing the 
                        reason for the disapproval of the 
                        recommendation or recommended standard, 
                        protocol, or other material;
                            (ii) the Committee shall withdraw the 
                        recommendation or recommended standard, 
                        protocol, or other material; and
                            (iii) the Committee may submit a revised 
                        recommendation or recommended standard, 
                        protocol, or other material.
    (g) Meetings.--
            (1) In general.--A Committee shall hold not fewer than 4 
        meetings of the full Committee each year.
            (2) Requirements.--
                    (A) Notice.--A Committee shall provide public 
                notice of any meeting of the Committee a reasonable 
                period in advance of the meeting.
                    (B) Open meetings.--A meeting of a Committee shall 
                be open to the public.
                    (C) Quorum.--A majority of members of a Committee 
                shall be present for a quorum to conduct business.
    (h) Votes.--
            (1) In general.--Decisions of a Committee shall be made by 
        an affirmative vote of not less than \2/3\ of the members of 
        the Committee voting.
            (2) Voting procedures.--
                    (A) Recorded.--All votes taken by a Committee shall 
                be recorded.
                    (B) Remote and proxy voting.--If necessary, a 
                member of a Committee may cast a vote--
                            (i) over the phone or through electronic 
                        mail if the vote is scheduled to take place 
                        during a time other than a full meeting of the 
                        Committee; and
                            (ii) over the phone or by proxy if the vote 
                        is scheduled to take place during a full 
                        meeting of the Committee.
    (i) Applicability of the Federal Advisory Committee Act.--
            (1) In general.--The Federal Advisory Committee Act (5 
        U.S.C. App.) shall not apply to a Committee.
            (2) Compensation of members.--Members of a Committee shall 
        serve without compensation for services performed for the 
        Committee.
            (3) Travel expenses.--The members of a Committee shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Committee.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated, including from any 
unobligated funds appropriated to the Department of Justice and the 
National Institute of Standards and Technology for the operation of a 
scientific working group, scientific area committee, guidance group, or 
technical working group transferred under section 103(a)(5), and 
including any unobligated funds appropriated to strengthen and enhance 
the practice of forensic sciences under any other provision of law, 
$8,000,000 for each of fiscal years 2015 through 2019 for the operation 
and staffing of the Office, Board, and Committees.

        TITLE II--ACCREDITATION OF FORENSIC SCIENCE LABORATORIES

SEC. 201. ACCREDITATION OF FORENSIC SCIENCE LABORATORIES.

    (a) In General.--On and after the date established under subsection 
(b)(2)(E), a forensic science laboratory may not receive, directly or 
indirectly, any Federal funds, unless the Director has verified that 
the laboratory has been accredited in accordance with the standards and 
procedures established under this title.
    (b) Procedures for Accreditation.--
            (1) Recommendations.--Not later than 3 years after the date 
        of enactment of this Act, the Board shall submit to the 
        Director--
                    (A) a comprehensive strategy to enable forensic 
                science laboratories to obtain and maintain 
                accreditation;
                    (B) recommended procedures for the accreditation of 
                forensic science laboratories that are consistent with 
                the recommended standards developed by the Board under 
                section 202;
                    (C) recommended procedures for the periodic review 
                and updating of the accreditation status of forensic 
                science laboratories;
                    (D) recommended procedures for the Director to 
                verify that laboratories have been accredited in 
                accordance with the standards and procedures 
                established under this title, which shall include 
                procedures to implement, administer, and coordinate 
                enforcement of the program for the accreditation of 
                forensic science laboratories; and
                    (E) a recommendation regarding the dates by which 
                forensic science laboratories should--
                            (i) begin the process of laboratory 
                        accreditation; and
                            (ii) obtain verification of laboratory 
                        accreditation to be eligible to receive Federal 
                        funds.
            (2) Establishment.--After the Director receives the 
        recommendations of the Board under paragraph (1), the Director 
        shall, in accordance with section 101(f)(3), establish--
                    (A) procedures to implement a comprehensive 
                strategy to enable forensic science laboratories to 
                obtain and maintain accreditation;
                    (B) procedures for the accreditation of a forensic 
                science laboratory;
                    (C) procedures for the Director to verify that 
                laboratories have been accredited in accordance with 
                the standards and procedures established under this 
                title;
                    (D) the date by which a forensic science laboratory 
                shall begin the process of accreditation; and
                    (E) the date by which a forensic science laboratory 
                shall obtain verification of laboratory accreditation 
                to be eligible to receive Federal funds.
            (3) Consideration of appropriations.--In determining, 
        recommending, and establishing the dates under paragraphs (1) 
        and (2), the Board and Director shall consider whether funding 
        has been appropriated pursuant to section 305 and other 
        relevant Federal grant programs to sufficiently assist and 
        support laboratories in obtaining accreditation under this Act.
    (c) Definition.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Board shall recommend to the 
        Director a definition of the term ``forensic science 
        laboratory'' for purposes of this Act, which shall include any 
        laboratory that conducts forensic testing, analysis, 
        identification, or comparisons, the results of which may be 
        interpreted, presented, or otherwise used during the course of 
        a criminal investigation or criminal court proceeding.
            (2) Establishment.--After the Director receives the 
        recommendation of the Board under paragraph (1), the Director 
        shall, in accordance with section 101(f)(3), establish a 
        definition for the term ``forensic science laboratory''.
    (d) Applicability to Federal Agencies.--On and after the date 
established by the Director under subsection (b)(2)(E), a Federal 
agency may not use any forensic science laboratory, including any 
services, products, analysis, opinions, or conclusions provided by the 
forensic science laboratory, during the course of a criminal 
investigation or criminal court proceeding unless the forensic science 
laboratory meets the standards of accreditation and certification 
established by the Office under this Act.

SEC. 202. STANDARDS FOR LABORATORY ACCREDITATION.

    (a) Standards.--
            (1) Recommendations.--Not later than 18 months after the 
        date of enactment of this Act, the Board shall, in consultation 
        with qualified professional organizations, submit to the 
        Director recommendations regarding standards for the 
        accreditation of forensic science laboratories, including 
        quality assurance and quality control standards, to ensure the 
        quality, integrity, and accuracy of any testing, analysis, 
        identification, or comparisons performed by a forensic science 
        laboratory for use during the course of a criminal 
        investigation or criminal court proceeding.
            (2) Establishment.--After the Director receives the 
        recommendations of the Board under paragraph (1), the Director 
        shall, in accordance with section 101(f)(3), establish 
        standards for the accreditation of forensic science 
        laboratories.
            (3) Requirements.--In recommending or establishing 
        standards under paragraph (1) or (2) the Board and the Director 
        shall--
                    (A) consider--
                            (i) whether any relevant national or 
                        international accreditation standards that were 
                        in effect before the date of enactment of this 
                        Act would be sufficient for the accreditation 
                        of forensic science laboratories under this 
                        Act;
                            (ii) whether any relevant national or 
                        international accreditation standards that were 
                        in effect before the date of enactment of this 
                        Act would be sufficient for the accreditation 
                        of forensic science laboratories under this Act 
                        with supplemental standards; and
                            (iii) the incorporation of relevant 
                        national or international accreditation 
                        standards that were in effect before the date 
                        of enactment of this Act; and
                    (B) include--
                            (i) educational and training requirements 
                        for relevant laboratory personnel;
                            (ii) proficiency and competency testing 
                        requirements for relevant laboratory personnel; 
                        and
                            (iii) maintenance and auditing requirements 
                        for accredited forensic science laboratories.
    (b) Review of Standards.--
            (1) In general.--Not less frequently than once every 5 
        years--
                    (A) the Board shall--
                            (i) review the scope and effectiveness of 
                        the accreditation standards established under 
                        subsection (a);
                            (ii) submit recommendations to the Director 
                        relating to whether, and if so, how to update 
                        or supplement the standards as necessary to--
                                    (I) account for developments in 
                                relevant scientific research, 
                                technological advances, and new 
                                forensic science disciplines;
                                    (II) ensure adherence to the 
                                standards and best practices 
                                established under title V; and
                                    (III) address any other issue 
                                identified during the course of the 
                                review conducted under clause (i); and
                    (B) the Director shall, as necessary and in 
                accordance with section 101(f)(3), update the 
                accreditation standards established under subsection 
                (a).
            (2) Procedures for open and transparent review of 
        standards.--The Director, in consultation with the Board, shall 
        establish procedures to ensure that the process for developing, 
        reviewing, and updating accreditation standards under this 
        section--
                    (A) is open and transparent to the public; and
                    (B) includes an opportunity for the public to 
                comment on proposed standards with sufficient prior 
                notice.

SEC. 203. ADMINISTRATION AND ENFORCEMENT OF ACCREDITATION PROGRAM.

    (a) Administration and Oversight of Accreditation Program.--
            (1) In general.--The Director shall determine whether a 
        forensic science laboratory is eligible to receive, directly or 
        indirectly, Federal funds under section 201(a).
            (2) Administration.--
                    (A) In general.--The Director shall, in 
                consultation with the Board and as appropriate, 
                identify 1 or more qualified accrediting bodies with 
                significant expertise relevant to the accreditation of 
                forensic science laboratories, the accreditation of a 
                forensic science laboratory by which shall constitute 
                accreditation for purposes of section 201(a).
                    (B) Oversight.--The Director shall periodically--
                            (i) reevaluate whether accreditation by a 
                        qualified accrediting body identified under 
                        subparagraph (A) is adequate to ensure 
                        compliance with the standards and procedures 
                        established under this title; and
                            (ii) recommend updates to the standards and 
                        procedures used by 1 or more qualified 
                        accrediting bodies, as necessary.
                    (C) Reporting.--The Director shall provide to the 
                Board, and publish on the Web site of the Office, 
                regular reports regarding--
                            (i) the accreditation of forensic science 
                        laboratories by qualified accrediting bodies 
                        identified under subparagraph (A); and
                            (ii) reevaluations of accreditation by 
                        qualified accrediting bodies under subparagraph 
                        (B).
    (b) Review of Eligibility.--Not less frequently than once every 5 
years, the Director shall evaluate whether a forensic science 
laboratory that has been determined to be eligible to receive Federal 
funds under section 201(a) remains eligible to receive Federal funds, 
including whether any accreditation of the forensic science laboratory 
by a qualified accrediting body identified under subparagraph (A) is 
still in effect.
    (c) Web Site.--The Director shall develop and maintain on the Web 
site of the Office an updated list of--
            (1) the forensic science laboratories that are eligible for 
        Federal funds under section 201(a);
            (2) the forensic science laboratories that have been 
        determined to be ineligible to receive Federal funds under 
        section 201(a); and
            (3) the forensic science laboratories that are awaiting a 
        determination regarding eligibility to receive Federal funds 
        under section 201(a).

         TITLE III--CERTIFICATION OF FORENSIC SCIENCE PERSONNEL

SEC. 301. DEFINITIONS.

    (a) Covered Entity.--In this title, the term ``covered entity'' 
means an entity that--
            (1) is not a forensic science laboratory; and
            (2) conducts forensic testing, analysis, investigation, 
        identification, or comparisons, the results of which may be 
        interpreted, presented, or otherwise used during the course of 
        a criminal investigation or criminal court proceeding.
    (b) Relevant Personnel.--
            (1) Recommendation.--Not later than 18 months after the 
        date of enactment of this Act, the Board shall submit to the 
        Director a recommended definition of the term ``relevant 
        personnel'', which shall include all individuals who--
                    (A) conduct forensic testing, analysis, 
                investigation, identification, or comparisons, the 
                results of which may be interpreted, presented, or 
                otherwise used during the course of a criminal 
                investigation or criminal court proceeding; or
                    (B) testify about evidence prepared by an 
                individual described in subparagraph (A).
            (2) Definition.--After the Director receives the 
        recommendation of the Board under paragraph (1), the Director 
        shall, in accordance with section 101(f)(3), define the term 
        ``relevant personnel'' for purposes of this title.

SEC. 302. CERTIFICATION OF FORENSIC SCIENCE PERSONNEL.

    Except as provided in section 304(c)(2), on and after the date 
established under section 304(c)(1), a forensic science laboratory or 
covered entity may not receive, directly or indirectly, any Federal 
funds, unless all relevant personnel of the forensic science laboratory 
or covered entity are certified under this title.

SEC. 303. STANDARDS FOR CERTIFICATION.

    (a) Recommended Standards.--
            (1) In general.--Not later than 2 years after the date on 
        which all members of a Committee have been appointed, the 
        Committee shall make recommendations to the Board relating to 
        standards for the certification of relevant personnel in each 
        forensic science discipline addressed by the Committee.
            (2) Requirements.--In developing recommended standards 
        under paragraph (1), a Committee shall--
                    (A) consult with qualified professional 
                organizations, including qualified professional 
                organizations that accredit forensic science 
                certification programs;
                    (B) consider relevant certification standards and 
                best practices developed by qualified professional or 
                scientific organizations;
                    (C) consider whether successful completion of a 
                certification program accredited by a qualified 
                professional organization would be sufficient to meet 
                the certification requirements for relevant personnel 
                under this Act;
                    (D) consider whether and under what circumstances 
                internal certification programs by accredited 
                laboratories would be sufficient to meet the 
                certification requirements for relevant personnel under 
                this Act;
                    (E) consider any standards or best practices 
                established under title V; and
                    (F) consider--
                            (i) whether certain minimum standards 
                        should be established for the education and 
                        training of relevant personnel;
                            (ii) whether there should be an alternative 
                        process to enable relevant personnel who were 
                        hired before the date established under section 
                        304(c)(1), to obtain certifications, 
                        including--
                                    (I) testing that demonstrates 
                                proficiency in a specific forensic 
                                science discipline that is equal to or 
                                greater than the level of proficiency 
                                required by the standards for 
                                certification; and
                                    (II) a waiver of certain 
                                educational and training requirements;
                            (iii) whether and under what conditions 
                        relevant personnel should be allowed to perform 
                        an activity described in subparagraph (A) or 
                        (B) of section 301(b)(1) for a forensic science 
                        laboratory or covered entity while the 
                        individual obtains the training and education 
                        required for certification under the standards 
                        developed under this title; and
                            (iv) whether certification by recognized 
                        and relevant medical boards, or other 
                        recognized and relevant State professional 
                        boards, should be sufficient for relevant 
                        personnel to meet the standards developed under 
                        this title.
    (b) Approval or Denial of Recommendations.--The Board shall approve 
or deny any recommendation submitted by a Committee under subsection 
(a) in accordance with section 103(f)(2).
    (c) Establishment of Standards.--After the Director receives 
recommendations from the Board under subsection (b), the Director 
shall, in accordance with section 101(f)(3), establish standards for 
the certification of relevant personnel.
    (d) Review of Standards.--
            (1) In general.--Not less frequently than once every 5 
        years, a Committee shall--
                    (A) review the standards for certification 
                established under subsection (c) for each forensic 
                science discipline within the responsibility of the 
                Committee; and
                    (B) submit to the Board recommendations regarding 
                updates, if any, to the standards for certification as 
                necessary--
                            (i) to account for developments in relevant 
                        scientific research, technological advances, or 
                        changes in the law; and
                            (ii) to ensure adherence to the standards 
                        and best practices established under title V.
            (2) Board review.--Not later than 180 days after the date 
        on which a Committee submits recommendations under paragraph 
        (1)(B), the Board shall, in accordance with section 103(f)(2)--
                    (A) consider the recommendations; and
                    (B) submit to the Director recommendations of 
                standards and best practices for each forensic science 
                discipline.
            (3) Updates.--After the Director receives recommendations 
        from the Board under paragraph (2), the Director shall, in 
        accordance with section 101(f)(3), update the standards for 
        certification of relevant personnel.
    (e) Public Comment.--The Director, in consultation with the Board, 
shall establish procedures to ensure that the process for establishing, 
reviewing, and updating standards for certification of relevant 
personnel under this section--
            (1) is open and transparent to the public; and
            (2) includes an opportunity for the public to comment on 
        proposed standards with sufficient prior notice.

SEC. 304. ADMINISTRATION AND REVIEW OF CERTIFICATION PROGRAM.

    (a) In General.--
            (1) Determination.--The Director shall determine whether a 
        forensic science laboratory or covered entity is eligible to 
        receive, directly or indirectly, Federal funds under section 
        302.
            (2) Procedures.--Not later than 1 year after the date of 
        enactment of this Act, the Director shall establish policies 
        and procedures to implement, administer, and coordinate 
        enforcement of the certification requirements established under 
        this title, including requiring the periodic recertification of 
        relevant personnel.
    (b) Administration.--
            (1) In general.--After consultation with the Board, the 
        Director may identify 1 or more qualified professional 
        organizations with significant expertise relevant to the 
        certification of individuals in a particular forensic science 
        discipline, the certification of an individual by which shall 
        constitute certification for purposes of section 302.
            (2) Oversight.--The Director shall periodically reevaluate 
        whether certification by a qualified professional organization 
        identified under paragraph (1) is adequate to ensure compliance 
        with the standards established under this title.
            (3) Reporting.--The Director shall provide regular reports 
        to the Board regarding the certification of relevant personnel 
        by qualified professional organizations identified under 
        paragraph (1) and reevaluations of certification by qualified 
        professional organizations under paragraph (2), which shall be 
        published on the Web site of the Office.
    (c) Implementation of Certification Requirements.--
            (1) In general.--After consultation with the Board, the 
        Director shall establish the date by which forensic science 
        laboratories and covered entities shall be in compliance with 
        the certification requirements of this title.
            (2) Gradual implementation.--The Director shall, in 
        consultation with the Board and the relevant Committee, 
        establish policies and procedures to enable the gradual 
        implementation of the certification requirements that--
                    (A) include a reasonable schedule to allow relevant 
                personnel to obtain certifications;
                    (B) allow for partial compliance with the 
                requirements of section 302 for a reasonable period of 
                time after the date established under paragraph (1); 
                and
                    (C) allow for consideration of whether funding has 
                been appropriated pursuant to section 305 and other 
                relevant Federal grant programs to sufficiently assist 
                and support forensic science laboratories and covered 
                entities in complying with the certification 
                requirements of this title.
    (d) Review of Certification Requirements.--The Director shall 
establish policies and procedures for the periodic review of the 
implementation, administration, and enforcement of the certification 
requirements established under this title.

SEC. 305. SUPPORT AND TECHNICAL ASSISTANCE FOR STATE AND LOCAL 
              LABORATORIES.

    (a) Implementation Plan.--Not later than 1 year after the date of 
enactment of this Act, the Director of the National Institute of 
Justice, in consultation with the Director, shall develop a plan for 
assisting and supporting forensic science laboratories and covered 
entities in obtaining accreditation under title II and certifications 
for relevant personnel under this title.
    (b) Authorization for Use of Coverdell and Byrne JAG Grants.--The 
Attorney General, in consultation with the Director and the Director of 
the National Institute of Justice, and consistent with the 
implementation plan developed under subsection (a), may make grants 
under part BB of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3797j et seq.) and subpart 1 of part E of such Act (42 
U.S.C. 3750 et seq.), and provide technical assistance to forensic 
science laboratories and covered entities, to ensure that forensic 
science laboratories and covered entities are able to--
            (1) obtain accreditation under title II;
            (2) obtain certifications for relevant personnel under this 
        title; and
            (3) effectively fulfill their responsibilities during the 
        process of obtaining accreditation under title II and 
        certifications for relevant personnel under this title.
    (c) Technical and Conforming Amendments.--
            (1) Paul coverdell forensic sciences improvement grants 
        program.--Section 2804(a) of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3797m(a)) is amended by adding 
        at the end the following:
            ``(4) To assist forensic science laboratories and covered 
        entities, as those terms are defined in sections 2 and 301, 
        respectively, of the Criminal Justice and Forensic Science 
        Reform Act, in obtaining accreditation under title II of such 
        Act and certifications for relevant personnel under title III 
        of such Act, in accordance with section 305 of such Act.''.
            (2) Edward byrne memorial justice assistance grant 
        program.--Section 501(a)(1) of the Omnibus Crime Control and 
        Safe Streets Act of 1968 (42 U.S.C. 3751(a)(1)) is amended by 
        adding at the end the following:
                    ``(H) Assistance to forensic science laboratories 
                and covered entities, as those terms are defined in 
                sections 2 and 301, respectively, of the Criminal 
                Justice and Forensic Science Reform Act, in obtaining 
                accreditation under title II of such Act and 
                certifications for relevant personnel under title III 
                of such Act, in accordance with section 305 of such 
                Act.''.

                           TITLE IV--RESEARCH

SEC. 401. RESEARCH STRATEGY AND PRIORITIES.

    (a) Comprehensive Research Strategy and Agenda.--
            (1) Recommendation.--Not later than 18 months after the 
        date of enactment of this Act, the Board shall recommend to the 
        Director a comprehensive strategy for fostering and improving 
        peer-reviewed scientific research relating to the forensic 
        science disciplines, including research addressing issues of 
        validity, reliability, and accuracy in the forensic science 
        disciplines.
            (2) Establishment.--After the Director receives 
        recommendations from the Board under paragraph (1), the 
        Director shall, in accordance with section 101(f)(3), establish 
        a comprehensive strategy for fostering and improving peer-
        reviewed scientific research relating to the forensic science 
        disciplines.
            (3) Review.--
                    (A) Board review.--Not less frequently than once 
                every 5 years, the Board shall--
                            (i) review the comprehensive strategy 
                        established under paragraph (2); and
                            (ii) recommend any necessary updates to the 
                        comprehensive strategy.
                    (B) Updates.--After the Director receives 
                recommendations from the Board under subparagraph (A), 
                the Director shall, in accordance with section 
                101(f)(3), update the comprehensive strategy as 
                necessary and appropriate.
    (b) Research Funding Priorities.--
            (1) Recommendation.--Not later than 18 months after the 
        date of enactment of this Act, the Board shall recommend to the 
        Director a list of priorities for forensic science research 
        funding.
            (2) Establishment.--After the Director receives the list 
        from the Board under paragraph (1), the Director shall, in 
        accordance with section 101(f)(3), establish a list of 
        priorities for forensic science research funding.
            (3) Review.--Not less frequently than once every 2 years, 
        the Board shall--
                    (A) review--
                            (i) the list of priorities established 
                        under paragraph (2); and
                            (ii) the findings of the relevant 
                        Committees made under subsection (c); and
                    (B) recommend any necessary updates to the list of 
                priorities, incorporating, as appropriate, the findings 
                of the Committees under subsection (c).
            (4) Updates.--After the Director receives the 
        recommendations under paragraph (3), the Director shall, in 
        accordance with section 101(f)(3), update as necessary the list 
        of research funding priorities.
    (c) Evaluation of Research Needs.--Not later than 2 years after the 
date on which all members of a Committee have been appointed under 
section 103, and periodically thereafter, the Committee shall--
            (1) examine and evaluate the scientific research in each 
        forensic science discipline within the responsibility of the 
        Committee;
            (2) conduct comprehensive surveys of scientific research 
        relating to each forensic science discipline within the 
        responsibility of the Committee;
            (3) examine the research needs in each forensic science 
        discipline within the responsibility of the Committee and 
        identify key areas in which further scientific research is 
        needed; and
            (4) develop and submit to the Board a list of research 
        needs and priorities.
    (d) Consideration.--In developing the initial research strategy, 
research priorities, and surveys required under this section, the Board 
and the Director shall consider any findings, surveys, and analyses 
relating to research in forensic science disciplines, including those 
made by the Subcommittee on Forensic Science of the National Science 
and Technology Council.

SEC. 402. RESEARCH GRANTS.

    (a) Competitive Grants.--
            (1) Definition.--In this subsection, the term ``eligible 
        entity'' means--
                    (A) a nonprofit academic or research institution;
                    (B) an accredited forensic science laboratory; and
                    (C) any other entity designated by the Director of 
                NIST.
            (2) Peer-review research grants.--
                    (A) In general.--Pursuant to the Memorandum of 
                Understanding required under section 101(d), the 
                Director of NIST may, on a competitive basis and using 
                funds appropriated to NIST for forensic science 
                purposes, make grants to eligible entities to conduct 
                peer-reviewed scientific research.
                    (B) Consideration.--In making grants under this 
                paragraph, the Director of NIST shall--
                            (i) ensure that the grants are made for 
                        peer-reviewed scientific research in areas that 
                        are consistent with the research priorities 
                        established by the Director under section 
                        401(b);
                            (ii) take into consideration the research 
                        needs identified by the Committees under 
                        section 401(c);
                            (iii) if made before the identification of 
                        research priorities under section 401(b) and 
                        research needs under section 401(c), consider 
                        any findings, surveys, and analyses relating to 
                        research in forensic science disciplines, 
                        including those made by the Subcommittee on 
                        Forensic Science of the National Science and 
                        Technology Council; and
                            (iv) encourage and, if appropriate, provide 
                        incentives for partnerships between nonprofit 
                        academic or research institutions and 
                        accredited forensic science laboratories.
            (3) Development of new technologies.--Pursuant to the 
        Memorandum of Understanding required under section 101(d), the 
        Director of NIST may, on a competitive basis, make grants to 
        eligible entities to conduct peer-reviewed scientific research 
        to develop new technologies and processes to increase the 
        efficiency, effectiveness, and accuracy of forensic testing 
        procedures.
            (4) Coordination with director.--In making grants under 
        this subsection, the Director of NIST shall coordinate with the 
        Director to ensure implementation of the plan established under 
        section 404.
            (5) Coordination with the national science foundation.--The 
        Director of NIST shall consult and coordinate with the National 
        Science Foundation to ensure--
                    (A) the integrity of the process for reviewing 
                funding proposals and awarding grants under this 
                subsection; and
                    (B) that the grant-making process is not subject to 
                any undue bias or influence.
    (b) Report.--
            (1) In general.--
                    (A) Submission.--The Director of NIST shall, on an 
                annual basis, submit to the Board and the Director a 
                report that describes--
                            (i) the application process for grants 
                        under this section;
                            (ii) each grant made under this section in 
                        the fiscal year before the report is submitted; 
                        and
                            (iii) as appropriate, the status and 
                        results of grants previously described in a 
                        report submitted under this subsection.
                    (B) Publication.--The Director shall publish the 
                report submitted under subparagraph (A) on the Web site 
                of the Office.
            (2) Evaluation.--The Board and the Director shall evaluate 
        each report submitted under paragraph (1) and consider the 
        information provided in each report in reviewing the research 
        strategy and priorities established under section 401.

SEC. 403. OVERSIGHT AND REVIEW.

    (a) Report.--Not later than 3 years after the date on which the 
first grant is awarded under paragraph (2) or (3) of section 402(a), 
and not later than 2 years after the date on which the first report 
under section 402(b) is submitted, the Inspector General of the 
Department of Justice, in coordination with the Inspector General of 
the Department of Commerce, shall submit to Congress a report on the 
administration and effectiveness of the grant programs described in 
section 402(a).
    (b) Requirements.--The report required under subsection (a) shall 
evaluate--
            (1) whether any undue biases or influences affected the 
        integrity of the solicitation, award, or administration of 
        research grants; and
            (2) whether there was any unnecessary duplication, waste, 
        fraud, or abuse in the grant-making process.

SEC. 404. PUBLIC-PRIVATE COLLABORATION.

    (a) Recommendation.--Not later than 2 years after the date of 
enactment of this Act, the Board shall submit to the Director a 
recommended plan for encouraging collaboration among universities, 
nonprofit research institutions, State and local forensic science 
laboratories, private forensic science laboratories, private 
corporations, and the Federal Government to develop and perform cost-
effective and reliable research in the forensic sciences, consistent 
with the research priorities established under section 401(b)(2).
    (b) Requirements.--The plan recommended under subsection (a) shall 
include--
            (1) incentives for nongovernmental entities to invest 
        significant resources into conducting necessary research in the 
        forensic sciences;
            (2) procedures for ensuring the research described in 
        paragraph (1) will be conducted with sufficient scientific 
        rigor that the research can be relied upon by--
                    (A) the Committees in developing standards under 
                this Act; and
                    (B) forensic science personnel; and
            (3) clearly defined requirements for disclosure of the 
        sources of funding by nongovernmental entities for forensic 
        science research conducted in collaboration with governmental 
        entities and safeguards to prevent conflicts of interest or 
        undue bias or influence.
    (c) Establishment and Implementation.--After receiving the 
recommended plan of the Board under subsection (a), the Director shall 
establish, in accordance with section 101(f)(3), and implement a plan 
for encouraging collaboration among universities, nonprofit research 
institutions, State and local forensic science laboratories, private 
forensic science laboratories, private corporations, and the Federal 
Government to develop and perform cost-effective and reliable research 
in the forensic sciences, consistent with the research priorities 
established under section 401(b)(2).
    (d) Oversight.--The Director, in consultation with the Board, shall 
periodically evaluate and, as necessary, update the plan established 
under subsection (c).

                 TITLE V--STANDARDS AND BEST PRACTICES

SEC. 501. DEVELOPMENT OF STANDARDS AND BEST PRACTICES.

    (a) Committee Recommendations.--
            (1) In general.--Not later than 2 years after the date on 
        which all members of a Committee have been appointed under 
        section 103, the Committee shall develop and recommend to the 
        Board standards and best practices for each forensic science 
        discipline addressed by the Committee, including--
                    (A) validated protocols;
                    (B) quality assurance standards; and
                    (C) standards to be applied in reporting, including 
                reports of identifications, analyses, or comparisons of 
                forensic evidence that may be used during a criminal 
                investigation or criminal court proceeding.
            (2) Requirements.--In developing the standards and best 
        practices under paragraph (1), a Committee shall--
                    (A) as appropriate, consult with qualified 
                professional organizations;
                    (B) consider existing validated protocols and best 
                practices;
                    (C) develop standards and best practices that are 
                designed to ensure the quality and scientific integrity 
                of data, results, conclusions, analyses, and reports 
                that are generated for use in the criminal justice 
                system; and
                    (D) develop standards and best practices that 
                afford laboratories appropriate operational 
                flexibility, including appropriate flexibility as to 
                specific instruments, equipment, and methods.
    (b) Board Recommendations.--Not later than 180 days after the date 
on which a Committee submits recommended standards and best practices 
under subsection (a), the Board shall, in accordance with section 
103(f)(2)--
            (1) consider the recommendations; and
            (2) submit to the Director recommendations of standards and 
        best practices.

SEC. 502. ESTABLISHMENT AND DISSEMINATION OF STANDARDS AND BEST 
              PRACTICES.

    (a) In General.--After the Board submits standards or best 
practices for a forensic science discipline under section 501(b), the 
Director shall, in accordance with section 101(f)(3), establish and 
disseminate standards and best practices for the forensic science 
discipline.
    (b) Publication.--The Director shall publish the standards and best 
practices established under subsection (a) on the Web site of the 
Office.

SEC. 503. REVIEW AND OVERSIGHT.

    (a) Review by Committees.--
            (1) In general.--Not less frequently than once every 3 
        years, each Committee shall review and, as necessary, recommend 
        to the Board updates to the standards and best practices 
        established under section 502 for each forensic science 
        discipline within the responsibility of the Committee.
            (2) Considerations.--In reviewing, and developing 
        recommended updates to, the standards and best practices under 
        paragraph (1), a Committee shall consider--
                    (A) input from qualified professional 
                organizations;
                    (B) research published after the date on which the 
                standards and best practices were established, 
                including research conducted under title IV; and
                    (C) any changes to relevant law made after the date 
                on which the standards and best practices were 
                established.
    (b) Board Recommendations.--Not later than 180 days after the date 
on which a Committee submits recommended updates to the standards and 
best practices under subsection (a), the Board shall, in accordance 
with section 103(f)(2)--
            (1) consider the recommendations; and
            (2) recommend to the Director any updates, as necessary, to 
        the standards and best practices established under section 502.
    (c) Updates.--After the Director receives recommended updates, if 
any, under subsection (b), the Director shall, in accordance with 
section 101(f)(3), update and disseminate the standards and best 
practices for each forensic science discipline as necessary.
    (d) Procedures.--The Director, in consultation with the Board, 
shall establish procedures to ensure that the process for developing, 
reviewing, and updating the standards and best practices--
            (1) is open and transparent to the public; and
            (2) includes an opportunity for the public to comment on 
        proposed standards with sufficient prior notice.

TITLE VI--ADDITIONAL RESPONSIBILITIES OF THE OFFICE OF FORENSIC SCIENCE 
                     AND THE FORENSIC SCIENCE BOARD

SEC. 601. FORENSIC SCIENCE TRAINING AND EDUCATION FOR JUDGES, 
              ATTORNEYS, AND LAW ENFORCEMENT PERSONNEL.

    (a) In General.--
            (1) Recommendation.--Not later than 2 years after the date 
        of enactment of this Act, the Board shall submit to the 
        Director a recommended plan for--
                    (A) supporting the education and training of 
                judges, attorneys, and law enforcement personnel in the 
                forensic sciences and fundamental scientific 
                principles, which shall include education on the 
                competent use and evaluation of forensic science 
                evidence; and
                    (B) developing a standardized curriculum for 
                education and training described in subparagraph (A).
            (2) Establishment.--Upon receipt of the recommendation from 
        the Board under paragraph (1), the Director shall establish, in 
        accordance with section 101(f)(3), and implement a plan for--
                    (A) supporting the education and training of 
                judges, attorneys, and law enforcement personnel in the 
                forensic sciences and fundamental scientific 
                principles, which shall include education on the 
                competent use and evaluation of forensic science 
                evidence; and
                    (B) developing a standardized curriculum for 
                education and training described in subparagraph (A).
            (3) Oversight.--The Director, in consultation with the 
        Board, shall periodically evaluate and, as necessary, update 
        the plan established under paragraph (2).
    (b) Technical Assistance, Training, and Education.--
            (1) In general.--The Director of the National Institute of 
        Justice may, in consultation with the Director--
                    (A) provide technical assistance directly or 
                indirectly to judges, attorneys, and law enforcement 
                personnel in the forensic sciences and fundamental 
                scientific principles, including the competent use and 
                evaluation of forensic science evidence; and
                    (B) make grants to States and units of local 
                government and nonprofit organizations or institutions 
                to provide training to judges, attorneys, and law 
                enforcement personnel about the forensic sciences and 
                fundamental scientific principles, including the 
                competent use and evaluation of forensic science 
                evidence.
            (2) Requirement.--On and after the date on which the 
        Director establishes the plan for supporting the education and 
        training of judges, attorneys, and law enforcement personnel in 
        the forensic sciences and fundamental scientific principles 
        under subsection (a)(2), the Director of the National Institute 
        of Justice shall administer the grant program described in 
        paragraph (1) in accordance with the plan.

SEC. 602. EDUCATIONAL PROGRAMS IN THE FORENSIC SCIENCES.

    (a) Recommendations.--Not later than 3 years after the date of 
enactment of this Act, the Board shall submit to the Director--
            (1) a recommended plan for supporting the development of 
        undergraduate and graduate educational programs in the forensic 
        science disciplines and related fields; and
            (2) recommendations as to whether the development of 
        standards or requirements for educational programs in the 
        forensic science disciplines and related fields is appropriate.
    (b) Establishment and Implementation.--Upon receipt of the 
recommendation from the Board under subsection (a), the Director shall 
establish, in accordance with section 101(f)(3), and implement--
            (1) a plan for supporting the development of undergraduate 
        and graduate educational programs in the forensic science 
        disciplines and related fields; and
            (2) any standards or requirements for education programs in 
        the forensic science disciplines and related fields determined 
        by the Director to be appropriate.
    (c) Existing Qualified Professional Organizations.--In 
recommending, establishing, and implementing the plan and standards 
described in subsections (a) and (b), the Board and the Director shall 
consider the role of qualified professional organizations that accredit 
forensic science education programs, and any standards developed by 
such qualified professional organizations.
    (d) Oversight.--The Director, in consultation with the Board, 
shall--
            (1) oversee the implementation of any standards or 
        requirements established under subsection (b); and
            (2) periodically evaluate and, as necessary, update the 
        plan, standards, or requirements established under subsection 
        (b).

SEC. 603. MEDICOLEGAL DEATH INVESTIGATION.

    (a) Recommendations.--Not later than 2 years after the date of 
enactment of this Act, the Board shall submit to the Director--
            (1) a recommended plan to encourage the Federal Government 
        and State and local governments to implement systems to ensure 
        that qualified individuals perform medicolegal death 
        investigations and to encourage qualified individuals to enter 
        the field of medicolegal death investigation; and
            (2) recommendations on whether and how the requirements, 
        standards and regulations established under this Act should 
        apply to individuals who perform medicolegal death 
        investigations.
    (b) Establishment and Implementation.--Upon receipt of the 
recommendations from the Board under subsection (a), the Director shall 
establish, in accordance with section 101(f)(3), and implement--
            (1) a plan to encourage the Federal Government and State 
        and local governments to implement systems to ensure that 
        qualified individuals perform medicolegal death investigations 
        and to encourage qualified individuals to enter the field of 
        medicolegal death investigation; and
            (2) any specific or additional standards or requirements 
        for individuals who perform medicolegal death investigations 
        determined by the Director to be appropriate.
    (c) Oversight.--The Director, in consultation with the Board, 
shall--
            (1) oversee the implementation of any standards or 
        requirements established under subsection (b)(2); and
            (2) periodically evaluate and, as necessary, update the 
        plan, standards, and requirements established under subsection 
        (b).

SEC. 604. INTERGOVERNMENTAL COORDINATION.

    The Board and the Director shall regularly--
            (1) coordinate with relevant Federal agencies, including 
        NIST, the National Science Foundation, the Department of 
        Defense, the Centers for Disease Control and Prevention, and 
        the National Institutes of Health, as appropriate, to make 
        efficient and appropriate use of research expertise and 
        funding;
            (2) coordinate with the Department of Homeland Security and 
        other relevant Federal agencies to determine ways in which the 
        forensic science disciplines may assist in homeland security 
        and emergency preparedness; and
            (3) coordinate with the United States intelligence 
        community to make efficient and appropriate use of research and 
        new technologies suitable for forensic science.

SEC. 605. ANONYMOUS REPORTING.

    Not later than 3 years after the date of enactment of this Act, the 
Director shall develop a system for any individual to provide 
information relating to compliance, or lack of compliance, with the 
requirements, standards, and regulations established under this Act, 
which may include a hotline or Web site that has appropriate guarantees 
of anonymity and confidentiality and protections for whistleblowers.

SEC. 606. INTEROPERABILITY OF DATABASES AND TECHNOLOGIES.

    (a) Recommendations.--Not later than 3 years after the date of 
enactment of this Act, the Board shall submit to the Director a 
recommended plan to require interoperability among databases and 
technologies in each of the forensic science disciplines among all 
levels of government, in all States, and where permitted by law, with 
the private sector.
    (b) Establishment and Implementation.--Upon receipt of the 
recommendation from the Board under subsection (a), the Director shall 
establish, in accordance with section 101(f)(3), and implement a plan 
to encourage interoperability among databases and technologies in each 
of the forensic science disciplines among all levels of government, in 
all States, and where permitted by law, with the private sector.
    (c) Oversight.--The Director, in consultation with the Board, shall 
evaluate and, as necessary, update the plan established under 
subsection (b).

SEC. 607. CODE OF ETHICS.

    (a) Recommendations.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Board shall submit to the Director a 
        recommended code of ethics for the forensic science 
        disciplines.
            (2) Requirements.--In developing a recommended code of 
        ethics under paragraph (1), the Board shall--
                    (A) consult with relevant qualified professional 
                organizations; and
                    (B) consider any recommendations relating to a code 
                of ethics or code of professional responsibility 
                developed by the Subcommittee on Forensic Science of 
                the National Science and Technology Council.
    (b) Establishment and Incorporation.--Upon receipt of the 
recommendation from the Board under subsection (a), the Director 
shall--
            (1) in accordance with section 101(f)(3), establish a code 
        of ethics for the forensic science disciplines; and
            (2) as appropriate, incorporate the code of ethics into the 
        standards for accreditation of forensic science laboratories 
        and certification of relevant personnel established under this 
        Act.
    (c) Oversight.--The Director, in consultation with the Board, shall 
periodically evaluate and, as necessary, update the code of ethics 
established under subsection (b).

SEC. 608. NEEDS ASSESSMENT.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Director shall conduct a needs assessment of 
State and local forensic service providers, including law enforcement 
agencies and medicolegal death examiners, in order to evaluate the 
capacity and resource needs of those providers. Such a needs assessment 
shall address the technology, equipment, personnel, recruitment, 
training, education, and research needs of those State and local 
forensic service providers.
    (b) Development of National Strategy.--Not later than 2 years after 
the date of enactment of this Act, the Director shall develop a 
national strategy for developing the capacity and resources of State 
and local forensic science providers and for addressing the needs 
identified in the assessment conducted pursuant to subsection (a).
    (c) Update of Assessment and National Strategy.--Not less 
frequently than once every 5 years, the Director shall update the 
assessment conducted under subsection (a) and the national strategy 
developed under subsection (b).
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