[Congressional Record Volume 157, Number 10 (Tuesday, January 25, 2011)]
[Senate]
[Pages S194-S202]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY:
  S. 132. 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 consistency and scientific validity 
in forensic testing, and for other purposes; to the Committee on the 
Judiciary.
  Mr. LEAHY. Mr. President, I am proud today to introduce the Criminal 
Justice and Forensic Science Reform Act of 2011. This legislation is an 
important first step toward guaranteeing the effectiveness and 
scientific integrity of forensic evidence used in criminal cases, and 
in ensuring that Americans can have faith in their criminal justice 
system.
  In March of 2009, the Senate Judiciary Committee began its 
examination of serious issues concerning forensic science, which is at 
the heart of our criminal justice system. The Committee has studied the 
problem exhaustively, and has worked with a wide array of experts and 
stakeholders. The legislation I introduce today is a product of this 
process. It seeks to strengthen our confidence in the criminal justice 
system, and the evidence it relies upon, by ensuring that forensic 
evidence and testimony is accurate, credible, and scientifically 
grounded.
  The National Academy of Science published a report in February 2009 
asserting that the field of forensic science has significant problems 
that urgently need to be addressed. The report suggested that basic 
research establishing the scientific validity of many forensic science 
disciplines has never been done in a comprehensive way. It suggested 
that the forensic sciences lack uniform and unassailable standards 
governing the accreditation of laboratories, the certification of 
forensic practitioners, and the testing and analysis of evidence.
  The National Academy of Science's report was an urgent call to 
action. It has been hailed and widely cited since its release. It has 
also been criticized by many. I did not view the Academy's report as 
the final word on this issue, but rather as the starting point for a 
searching review of the state of forensic science in this country.
  Last Congress, the Judiciary Committee held two hearings on the 
issue. Committee members and staff spent countless hours talking to 
prosecutors, defense attorneys, law enforcement officers, judges, 
forensic practitioners, academic experts, and many, many others to 
learn as much as we could about what is happening in the forensic 
sciences and what needs to be done.
  As this effort has progressed, I have been disturbed to learn about 
still more cases in which innocent people may have been convicted, and 
perhaps even executed, in part due to faulty forensic evidence. It is a 
double tragedy when an innocent person is convicted. An innocent person 
suffers, and a guilty person remains free, leaving us all less safe. We 
must do everything we can to avoid that untenable outcome.
  At the same time, through the course of this inquiry, it has become 
abundantly clear that the men and women who test and analyze forensic 
evidence do tremendous work that is vital to our criminal justice 
system. I remember their important contributions and hard work from my 
days as a prosecutor, when some of the forensic disciplines we have now 
did not even exist. Their work is even more important today, and we 
need to strengthen the field of forensics--and the justice system's 
confidence in it--so that their hard work can be consistently relied 
upon, as it should be.
  It is beyond question that everyone recognizes the need for forensic 
evidence that is accurate and reliable. Prosecutors and law enforcement 
officers want evidence that can be relied upon to determine guilt and 
prove it beyond a reasonable doubt in a court of law. Defense attorneys 
want strong evidence that can be used to exclude innocent people from 
suspicion. Forensic science practitioners want their work to have as 
much certainty as possible and to be given deserved deference. All 
scientists and all attorneys who care about these issues want the 
science that is admitted as evidence in the courtroom to match the 
science that is proven through rigorous testing and research in the 
laboratory.
  There is also general agreement that the forensic sciences can be 
improved through strong and unassailable research to test and establish 
the validity of the forensic disciplines, as well as the application of 
consistent and regular standards in the field. There is a dire need for 
well managed and appropriately directed funding for research, 
development, training, and technical assistance. It is a good 
investment, as it will lead to fewer trials and appeals, and will 
reduce crime by ensuring that those who commit serious offenses are 
promptly captured and convicted.
  There is also broad consensus that all forensic laboratories should 
be required to meet rigorous accreditation standards and that forensic 
practitioners should be required to obtain meaningful certification.
  The bill I introduce today seeks to address these widely recognized 
needs. It requires that all forensic science laboratories that receive 
Federal funding or Federal business be accredited according to rigorous 
standards. It requires all relevant personnel who perform forensic work 
for any laboratory or agency that gets Federal money to become 
certified in their fields, which will mean meeting basic proficiency, 
education, and training requirements.
  The bill sets up a rigorous process to determine the most serious 
needs for research to establish the basic validity of the forensic 
disciplines, and establishes grant programs to provide for peer-
reviewed scientific research to answer fundamental questions and 
promote innovation. It also sets up a process for this research to lead 
to appropriate standards and best practices in each discipline. The 
bill funds research into new technologies and techniques that will 
allow forensic testing to be done more quickly, more efficiently, and 
more accurately. I believe these are proposals that will be widely 
supported by those on all sides of this issue.
  There have been of course some areas of disagreement, particularly as 
to who should oversee these vital reforms to the field of forensics. 
Some have argued that, because the purpose of forensic science is 
primarily to produce evidence to be used in the investigation and 
prosecution of criminal cases, it is vital that those regulating and 
evaluating forensics must have expertise in criminal justice. They have 
said that at the Federal level, the Department of Justice is the 
natural place for an office to examine and oversee the forensic 
sciences and have emphasized the need for forensic science 
practitioners to have substantial input in evaluating research and 
standards.
  Others have argued that, for forensic science to truly engender our 
trust and confidence, its validity must be established by independent 
scientific research, and standards must be determined by scientists 
with no possible conflict of interest. They have argued for protections 
to ensure independent scientific decision making, as well as the 
significant involvement of Federal scientific agencies.

[[Page S195]]

  I find both of these arguments persuasive. I know firsthand the 
importance of understanding how the criminal justice system works when 
evaluating the needs and practices in forensic science. I also 
understand that it is absolutely essential that forensic science be 
grounded in independent scientific research in order to avoid any 
question of convictions being based on faulty forensic work.
  This legislation attempts to address both of these concerns with a 
hybrid structure that ensures both criminal justice expertise and 
scientific independence. It establishes an Office of Forensic Science 
in the Office of the Deputy Attorney General within the Department of 
Justice. That office will have a Director who will make all final 
decisions about research priorities, standards, and structure and who 
will implement and enforce the systems set up by the legislation.
  It also establishes a Forensic Science Board composed of forensic and 
academic scientists, prosecutors and defense attorneys, and other key 
stakeholders. The Board will have a careful balance, and a majority of 
its members will be scientists. It will recommend all research 
priorities and standards and other key definitions and structures 
before the Director of the Office of Forensic Science makes a decision. 
The bill will include important protections to encourage the Director 
to defer to the recommendations of the Board and to ensure that he or 
she explains to Congress and to the public, with opportunities for 
comment, any decision to disregard the Board's recommendations.
  The bill also establishes committees of scientists to examine each 
individual forensic science discipline to determine research needs and 
standards. It includes protections to ensure that the committees' 
recommendations receive significant deference, and the committees will 
be overseen by the National Institute of Standards and Technology, 
NIST, a respected scientific agency. NIST will also implement grant 
programs for research into the forensic sciences premised on the 
research priorities established by the Forensic Science Board and the 
Office of Forensic Science. The National Science Foundation will help 
to ensure that the grant programs are run properly, with rigorous 
scientific peer review and without any bias.
  This bill aims to carefully balance the competing considerations that 
are so important to getting a review of forensics right. It also 
capitalizes on existing expertise and structures, rather than calling 
for the creation of a costly new agency. It seeks to proceed modestly 
and cost effectively, with ample oversight, checks, and controls. I am 
committed to exploring ways to use existing resources so that this 
urgent work will not negatively impact the budget. Ultimately, 
improvements in the forensic sciences will save money, reduce the 
number of costly appeals, shorten investigations and trials, and help 
to eliminate wrongful imprisonments.
  I understand that sweeping forensic reform and criminal justice 
reform legislation not only should, but must, be bipartisan. There is 
no reason for a partisan divide on this issue; fixing this problem does 
not advance the interests of only prosecutors or defendants, or of 
Democrats or Republicans, but the interests of justice. I have worked 
closely with interested Republican Senators on this vital issue. I will 
continue to work diligently with Senators on both sides of the aisle to 
ensure that this becomes the consensus bipartisan legislation that it 
ought to be. I hope many will cosponsor this legislation, and work with 
me to ensure its passage.
  I want to thank the forensic science practitioners, experts, 
advocates, law enforcement personnel, judges, and so many others whose 
input forms the basis for this legislation. Your passion for this issue 
and for getting it right gives me confidence that we will work together 
successfully to make much needed progress.
  I hope all Senators will join me in advancing this important 
legislation to bolster confidence in the forensic sciences and the 
criminal justice system.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 132

       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 of 2011''.
       (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. Grants and technical assistance.

                           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. Medical-legal death examination.
Sec. 604. Inter-governmental coordination.
Sec. 605. Anonymous reporting.
Sec. 606. Interoperability of databases and technologies.
Sec. 607. Code of ethics.

     SEC. 2. DEFINITIONS.

       In this Act--
       (1) the term ``Board'' means the Forensic Science Board 
     established under section 102(a);
       (2) the term ``Committee'' means a committee established 
     under section 103(a)(2);
       (3) the term ``Deputy Director'' means the Deputy Director 
     of the Office;
       (4) the term ``Director'' means the Director of the Office;
       (5) the term ``forensic science discipline'' shall have the 
     meaning given that term by the Director in accordance with 
     section 102(h);
       (6) the term ``forensic science laboratory'' shall have the 
     meaning given that term by the Director in accordance with 
     section 201(c);
       (7) the term ``Office'' means the Office of Forensic 
     Science established under section 101(a); and
       (8) 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 consistency, 
     scientific validity, 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 be appointed by the Attorney 
     General;
       (B) a Deputy Director, who shall be--
       (i) an employee of the National Institute of Standards and 
     Technology;
       (ii) selected by the Director of the National Institute of 
     Standards and Technology; and
       (iii) detailed to the Office on a reimbursable basis;
       (C) such additional staff detailed on a reimbursable basis 
     from the National Institute of Standards and Technology as 
     the Deputy Director, in consultation with the Director and 
     subject to the approval of the Director of the National 
     Institute of Standards and Technology, determines 
     appropriate; and
       (D) such other officers and staff as the Deputy Attorney 
     General, the Director, and the Deputy Director determine 
     appropriate.
       (2) Deadline.--Not later than 180 days after the date of 
     enactment of this Act, the

[[Page S196]]

     initial appointments, selections, and detailing under 
     paragraph (1) shall be made.
       (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) Liaison.--The Director of the National Science 
     Foundation, in consultation with the Director and the Deputy 
     Director, shall designate a liaison at the National Science 
     Foundation to facilitate communication between the Office and 
     the National Science Foundation.
       (e) 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; and
       (B) evaluate and act upon the recommendations of the Board 
     in accordance with paragraph (4).
       (2) Specific responsibilities.--The Director, in 
     consultation with the Deputy Director, shall--
       (A) establish, implement, and enforce 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 and implement 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); and
       (H) 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) Additional responsibilities of deputy director.--The 
     Deputy Director, in consultation with the Director of the 
     National Institute of Standards and Technology, shall 
     oversee--
       (A) the implementation of any standard, protocol, 
     definition, or other material established or amended based on 
     a recommendation by a Committee; and
       (B) the work of the Committees.
       (4) 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 90 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 modification 
     proposed 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 
     and Technology of the House of Representatives; and
       (II) begin 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 
     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 and Technology 
     of the House of Representatives; and
       (ii) begin a rulemaking on the record after opportunity for 
     an agency hearing.
       (f) Website.--The Director shall--
       (1) establish a website that is publicly accessible; and
       (2) publish recommendations of the Board and all standards, 
     protocols, definitions, and other materials established, or 
     amended, by the Director under this Act on the website.

     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 consistency, scientific validity, 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 19 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 
     scientific judgment;
       (B) consider, among other factors, recommendations from 
     leading scientific organizations and leading professional 
     organizations in the field of forensic science and other 
     relevant fields; and
       (C) consult with the Chairman and Ranking Member of the--
       (i) Committee on the Judiciary and the Committee on 
     Commerce, Science, and Transportation of the Senate; and
       (ii) the Committee on the Judiciary and the Committee on 
     Science and Technology of the House of Representatives.
       (3) Requirements.--The Board shall include--
       (A) not fewer than 10 members who have comprehensive 
     scientific backgrounds, of which--
       (i) not fewer than 5 members have extensive experience or 
     background in scientific research; and
       (ii) not fewer than 5 members have extensive experience or 
     background in forensic science; and
       (B) not fewer than 1 member from each category described in 
     paragraph (4).
       (4) Categories.--The categories described in this paragraph 
     are--
       (A) judges;
       (B) Federal Government officials;
       (C) State and local government officials;
       (D) prosecutors;
       (E) law enforcement officers;
       (F) criminal defense attorneys;
       (G) organizations that represent people who may have been 
     wrongly convicted;
       (H) practitioners in forensic laboratories;
       (I) physicians with relevant expertise; and
       (J) State laboratory directors.
       (5) Fulfillment of multiple requirements.--An individual 
     may fulfill more than 1 requirement described in paragraph 
     (3) or (4).
       (6) Ex officio members.--The Director and the Deputy 
     Director shall serve as ex officio and nonvoting members of 
     the Board.
       (c) Terms.--
       (1) In general.--A member of the Board shall be appointed 
     for a term of 6 years.
       (2) Exception.--Of the members first appointed to the 
     Board--
       (A) 6 members shall serve a term of 2 years;
       (B) 6 members shall serve a term of 4 years; and
       (C) 7 members shall serve a term of 6 years.
       (3) Renewable term.--A 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); and
       (4) 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 the 
     National Institute of Standards and Technology, 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, senior officials from 
     other relevant Federal agencies, and relevant officials of 
     State and local government.
       (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 a reasonable period in advance of the 
     meeting.

[[Page S197]]

       (B) Open meetings.--A meeting of the Board shall be open to 
     the public.
       (C) Quorum.--A majority of the 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 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 consider each field from which courts in criminal 
     cases hear forensic testimony or admit forensic evidence.
       (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 website of the Board; and
       (B) may include a finding that a field could be recognized 
     as a forensic science discipline, based on additional 
     research.
       (4) Establishment.--After the Director receives the 
     recommendation of the Board under paragraph (1), the Director 
     shall, in accordance with section 101(e)(4), 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); 
     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 an 
     executive 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 executive 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, 
     24 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) and (3), 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; and
       (B) designate a committee management officer for the Board.

     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--
       (i) not fewer than 1; and
       (ii) sufficient to 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 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 coordination with the Deputy Director, shall--
       (A) in accordance with section 101(e)(4), establish--
       (i) Committees to examine research needs, standards, and 
     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
       (B) publish a list of the Committees and the scope of 
     responsibility for each Committee on the website for the 
     Office.
       (3) Annual evaluation.--The Board, on an annual basis, 
     shall--
       (A) evaluate--
       (i) whether any new Committees should be established;
       (ii) whether the scope of responsibility for any Committee 
     should be modified; and
       (iii) whether any Committee should be discontinued;
       (B) submit any recommendations relating to the evaluation 
     conducted under subparagraph (A) to the Director and Deputy 
     Director.
       (4) Updates.--Upon receipt of any recommendations from the 
     Board under paragraph (3), the Director shall, in accordance 
     with section 101(e)(4), determine whether to establish, 
     modify the scope of, or discontinue any 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; and
       (ii) not less than 50 percent of whom shall have extensive 
     experience or background in scientific research;
       (B) have a number of members who have extensive experience 
     or 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
       (C) 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 physician with expertise in forensic sciences.
       (c) Appointment.--
       (1) In general.--The Deputy Director, in consultation with 
     the Board, shall appoint the members of each Committee.
       (2) Consideration.--In appointing members to a Committee 
     under paragraph (1), the Deputy Director shall consider--
       (A) the importance of analysis from scientists with 
     academic backgrounds; and
       (B) the importance of input from experienced forensic 
     practitioners.
       (3) Vacancies.--In the event of a vacancy, the Deputy 
     Director, in consultation with

[[Page S198]]

     the Board, 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.--The National Institute of Standards and 
     Technology shall provide support and staff for each Committee 
     as needed.
       (2) Duties and oversight.--The Deputy 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 Deputy Director and the Director of the National 
     Institute of Standards and Technology 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 and the 
     Deputy Director.
       (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 and Deputy 
     Director for consideration in accordance with section 
     101(e)(4).
       (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 developed 
     by the Committee; 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 the 
     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--
       (1) $15,000,000 for each of fiscal years 2012 through 2016 
     for the operation and staffing of the Office;
       (2) $5,000,000 for each of fiscal years 2012 through 2016 
     for the operation and staffing of the Board;
       (3) $15,000,000 for each of fiscal years 2012 through 2016 
     for the operation and staffing of the Committees; and
       (4) $5,000,000 for each of fiscal years 2012 through 2016 
     to the National Institute of Standards and Technology for the 
     oversight, support, and staffing of the 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)(D), 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) recommended procedures for the accreditation of 
     forensic science laboratories that are consistent with the 
     recommended standards and criteria developed by the Board 
     under section 202;
       (B) recommended procedures for the periodic review and 
     updating of the accreditation status of forensic science 
     laboratories;
       (C) 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
       (D) a recommendation regarding the date 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(e)(4), 
     establish--
       (A) procedures for the accreditation of a forensic science 
     laboratory;
       (B) procedures for the Director to verify that laboratories 
     have been accredited in accordance with the standards and 
     procedures established under this title;
       (C) the date by which a forensic science laboratory shall 
     begin the process of accreditation; and
       (D) the date by which a forensic science laboratory shall 
     obtain verification of laboratory accreditation to be 
     eligible to receive Federal funds.
       (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(e)(4), 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)(D), 
     a Federal agency may not use any 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 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(e)(4), 
     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 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; and
       (ii) whether any relevant national 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
       (B) include--

[[Page S199]]

       (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 the standards as necessary 
     to--

       (I) account for developments in relevant scientific 
     research and technological advances;
       (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(e)(4), 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 Enforcement 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 may identify 1 or more 
     qualified accrediting entities with experience and 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 reevaluate 
     whether accreditation by a qualified accrediting entity 
     identified under subparagraph (A) is adequate to ensure 
     compliance with the standards and procedures established 
     under this title.
       (C) Reporting.--The Director shall provide regular reports 
     to the Board regarding the accreditation of forensic science 
     laboratories by qualified accrediting entities identified 
     under subparagraph (A) and reevaluations of accreditation by 
     qualified accrediting entities under subparagraph (B), which 
     shall be published on the website of the Office.
       (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 
     entity identified under subparagraph (A) is still in effect.
       (c) Website.--The Director shall develop and maintain on 
     the website 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, 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 1 year 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 individuals who--
       (A) conduct 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; or
       (B) testify about evidence prepared by an individual 
     described in paragraph (A).
       (2) Definition.--After the Director receives the 
     recommendation of the Board under paragraph (1), the Director 
     shall, in accordance with section 101(e)(4), 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;
       (B) consider relevant certification standards and best 
     practices developed by qualified professional or scientific 
     organizations;
       (C) consider any standards or best practices established 
     under title V; and
       (D) 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 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(e)(4), 
     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 uniform 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 uniform 
     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(e)(4), 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 experience and 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

[[Page S200]]

     qualified professional organizations 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 website of the Office.
       (c) Implementation of Certification Requirements.--
       (1) In general.--After consultation with the Board, the 
     Director shall establish the date on 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 each 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; and
       (B) allow for partial compliance with the requirements of 
     section 302 for a reasonable period of time after the date 
     established under paragraph (1).
       (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. GRANTS AND TECHNICAL ASSISTANCE.

       (a) In General.--The Director of the National Institute of 
     Justice, in consultation with the Director, may make grants 
     and provide technical assistance to forensic science 
     laboratories and other entities subject to the requirements 
     under this title and title II to ensure that forensic science 
     laboratories and covered entities are able to effectively 
     fulfill the responsibilities of the laboratories or entities 
     during the process of--
       (1) seeking accreditation under title II; and
       (2) obtaining certifications for relevant personnel under 
     this title.
       (b) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated 
     $10,000,000 for each of fiscal years 2012 through 2016 to the 
     National Institute of Justice for the grant program and 
     technical assistance described in subsection (a).
       (2) Requirement.--Not less than 75 percent of funds 
     appropriated pursuant to paragraph (1) shall be used for 
     grants under this section.
       (c) Report.--The Director of the National Institute of 
     Justice shall, on an annual basis, submit to the Board and 
     the Director a report that describes--
       (1) the application process for grants under this section;
       (2) each grant made under this section during the fiscal 
     year before the fiscal year in which the report is submitted; 
     and
       (3) as appropriate, the status and results of any grants 
     previously described in a report submitted under this 
     subsection.

                           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 accuracy, reliability, and validity 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(e)(4), 
     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(e)(4), 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(e)(4), 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(e)(4), 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; and
       (B) any other entity designated by the Director of the 
     National Institute of Standards and Technology.
       (2) Peer-review research grants.--
       (A) In general.--The Director of the National Institute of 
     Standards and Technology may, on a competitive basis, make 
     grants to eligible entities to conduct peer-reviewed 
     scientific research.
       (B) Consideration.--In making grants under this paragraph, 
     the Director of the National Institute of Standards and 
     Technology shall--
       (i) ensure that grants made under this paragraph are for 
     peer-reviewed scientific research in areas that are 
     consistent with the research priorities established by the 
     Director under section 401(b); and
       (ii) take into consideration the research needs identified 
     by the Committees under section 401(c).
       (3) Development of new technologies.--The Director of the 
     National Institute of Standards and Technology 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 the National Institute of 
     Standards and Technology shall--
       (A) coordinate with the Director; and
       (B) consider the plan established under section 404.
       (5) Coordination with the national science foundation.--The 
     Director of the National Institute of Standards and 
     Technology 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 the National Institute of 
     Standards and Technology 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 website 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.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated--
       (1) $75,000,000 to the National Institute of Standards and 
     Technology for each of fiscal years 2012 through 2016 for 
     grants under subsection (a)(2); and
       (2) $15,000,000 to the National Institute of Standards and 
     Technology for each of fiscal years 2012 through 2016 for 
     grants under subsection (a)(3).

     SEC. 403. OVERSIGHT AND REVIEW.

       (a) Reports.--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 this subsection 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).

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       (b) Requirements.--Each report submitted under this section 
     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(e)(4), 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 uniform standards and best practices for each forensic 
     science discipline addressed by the Committee, including--
       (A) standard protocols;
       (B) quality assurance standards; and
       (C) standard terminology for use 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 uniform standards and 
     best practices under paragraph (1), a Committee shall--
       (A) as appropriate, consult with qualified professional 
     organizations; and
       (B) develop uniform 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.
       (b) Board Recommendations.--Not later than 180 days after 
     the date on which a Committee submits recommended uniform 
     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 uniform 
     standards and best practices.

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

       (a) In General.--After the Board submits uniform standards 
     or best practices for a forensic science discipline under 
     section 501(b), the Director shall, in accordance with 
     section 101(e)(4), establish and disseminate uniform 
     standards and best practices for the forensic science 
     discipline.
       (b) Publication.--The Director shall publish the uniform 
     standards and best practices established under subsection (a) 
     on the website 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 uniform 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 uniform 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 uniform 
     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 uniform 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 uniform 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 uniform 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(e)(4), update and disseminate the 
     uniform 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 uniform 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(e)(4), 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) Grant Program.--
       (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.
       (3) Authorization of appropriations.--
       (A) In general.--There is authorized to be appropriated to 
     the Director of the National Institute of Justice $10,000,000 
     for each of fiscal years 2012 through 2016 for grants and 
     technical assistance under this subsection.
       (B) Requirement.--Not less than 75 percent of the funds 
     appropriated pursuant to this paragraph shall be used for 
     grants under this subsection.

     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(e)(4), and implement--

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       (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) 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. MEDICAL-LEGAL DEATH EXAMINATION.

       (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 to encourage the Federal Government 
     and State and local governments to implement systems to 
     ensure that qualified individuals perform medical-legal death 
     examinations and to encourage qualified individuals to enter 
     the field of medical-legal death examination; and
       (2) recommendations on whether and how the requirements, 
     standards and regulations established under this Act should 
     apply to individuals who perform medical-legal death 
     examinations.
       (b) Establishment and Implementation.--Upon receipt of the 
     recommendations from the Board under subsection (a), the 
     Director shall establish, in accordance with section 
     101(e)(4), and implement--
       (1) a plan to encourage the Federal Government and State 
     and local governments to implement systems to ensure that 
     qualified individuals perform medical-legal death 
     examinations and to encourage qualified individuals to enter 
     the field of medical-legal death examination; and
       (2) any specific or additional standards or requirements 
     for individuals who perform medical-death examinations 
     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. INTER-GOVERNMENTAL COORDINATION.

       The Board and the Director shall regularly--
       (1) coordinate with relevant Federal agencies, including 
     the National Science Foundation, the Department of Defense, 
     and the National Institutes of Health, as appropriate, to 
     make efficient and appropriate use of research expertise and 
     funding; and
       (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.

     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 
     website 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 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(e)(4), 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 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 3 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(e)(4), 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).
                                 ______