[Congressional Record Volume 160, Number 49 (Thursday, March 27, 2014)]
[Senate]
[Pages S1820-S1831]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mrs. MURRAY (for herself, Ms. Baldwin, Mrs. Gillibrand, Mr.
Casey, Mr. Wyden, Mr. Blumenthal, Mr. Franken, and Mr.
Merkley):
S. 2164. A bill to prevent harassment at institutions of higher
education, and for other purposes; to the Committee on Health,
Education, Labor, and Pensions.
Mrs. MURRAY. Mr. President, as many in this Chamber know, I am very
proud of the many ways my home State of Washington is leading the way.
Our State is an economic leader. We are home to the American aerospace
industry, we have a thriving agricultural sector, and dozens of
companies creating new products and new jobs with cutting-edge
technology. We are a leader in protecting the environment and educating
our children. Washington State is also the place that tens of thousands
of servicemembers and veterans call home.
Last, but not least, I could not be more proud of our State's history
of protecting the rights of all of our citizens, including members of
the LGBT community. We know in Washington State that it is wrong to
discriminate against people. We know that a person's race, religion, or
gender have nothing to do with their worth as a human being, and we
know that actual or perceived sexual orientation and gender identity
don't either. We get that in my home State of Washington, but we can't
stop working until the same is true in all 50 States, and that is why I
have come to the Senate floor today.
I want to share with everyone a story about a young man by the name
of Kris. Kris will be the first to tell you he has not led the easiest
of lives. After turning 18 years old and aging out of the foster care
system in Texas, Kris found himself homeless at 18 years old in Houston
and sleeping on whatever park bench or apartment roof was available to
him that evening.
As luck would have it, one night while Kris was searching for a
public restroom to use, he stumbled on an admissions fair for the
University of Houston's downtown campus. Kris had always had ambitions
to go to college, but because of his very unstable childhood and
minimal income, pursuing higher education was never a priority. Once he
learned that night that tuition for the school was waived for foster
system alumni, this dream seemed more like a reality so Kris decided to
enroll.
He went to school, declared his major in social work, and settled
into college life. He made friends and participated in extracurricular
activities on campus.
In fact, Kris got so involved that one of his good friends, Isaac,
invited him to be his running mate for the upcoming student government
election. Kris was very excited about that idea and realized it was his
opportunity to make a real difference for many of the students on
campus who had been through some of the same trying experiences he had.
Kris and Isaac kicked off their campaign and pursued elective office.
Then 1 day--in fact 1 year ago this month--Kris was called into the
dean of students office. Kris sat down and the dean reached into his
briefcase and pulled out a stack of fliers with Kris's photo on each
and every one of them with a big X across his picture. In big, bold
letters across the top of the flier, it read: ``WANT AIDS?'' Across the
bottom of that flier it read: ``Don't Support the Isaac and Kris
Homosexual Agenda.'' On the back of the flier--unbelievably--was a copy
of Kris's official
[[Page S1821]]
private medical record displaying in plain view that Kris was HIV
positive. Stunning. I am sure every one of you are as stunned as I was.
The dean then informed Kris that these had been found all over the
campus. As if the situation couldn't get any worse, the dean told Kris
that there is nothing the university or the administration could do
about it--nothing.
At one point Kris said the administration even accused him of being
responsible for these acts. Kris was told the administration's sole
responsibility was to simply inform him this was going on and nothing
more. They just had to make sure he knew about it.
Kris was told that words such as homosexual or AIDS were proper
terms, protected speech, and not grounds for punishment.
As you can imagine, Kris was devastated. He didn't attend class for
weeks after that. His friends, family, and loved ones started to
seriously worry about his well-being.
In the meantime, the word of this and Kris's status as HIV positive,
as you can imagine, spread like wildfire across the campus. While Kris
had been out to a small group of friends, there was no going back once
the local paper picked up on the story which eventually circulated in
the national media.
Thankfully, there is a happy ending to this heartbreaking story. In
yet another example of how the younger generation in our country is
swiftly helping to turn the tide against intolerance, Kris and Isaac
won that election, and Kris served a term as the student body vice
president. Kris has now moved on to serve in a different but somewhat
similar capacity, and that is as a congressional intern here in my
office in Washington, DC. I am proud to say that Kris is here with us
on the floor today. And just like the fate he found that one night in
search of a public restroom, Kris now has another chance to be part of
a life-changing experience because today I have come to the floor to
reintroduce the Tyler Clemente Higher Education Anti-Harassment Act of
2014.
As many of you may remember, this legislation is named after Tyler
Clemente. He was an 18-year-old freshman at Rutgers University. Back in
2010, without his knowledge, Tyler's roommate streamed video footage on
the Internet of Tyler in his dorm room being intimate with another
male. After his roommate and another student invaded his privacy in
such a serious way and continued to harass him over the Internet, Tyler
leapt off the George Washington Bridge and sadly took his own life.
When I sat down and spoke with Kris about this recently, he told me
how his story was very close to ending just like Tyler's story. He
didn't have anyone on campus to turn to. Since the administration said
they were unable to do anything about this hate crime, Kris felt he had
no opportunity for closure.
Kris told me:
For most young people, when things like that happen, we
have got to have people who are going to be proactive in
helping them. And not someone telling them there's nothing we
can do to help you.
Quite shockingly, despite statistics telling us that LGBT students
are nearly twice as likely to experience harassment when compared to
their heterosexual peers, there is no Federal requirement that colleges
and universities have policies to protect their students from
harassment.
That is why I feel so strongly about this legislation.
The legislation I am introducing will require colleges and
universities that receive Federal aid to establish anti-harassment
policies for students no matter who they are or what they identify
with, and they will be required to have the language of those policies
easily accessible. It will recognize cyber bullying of all kinds as
serious means of harassment. Finally, the Tyler Clementi act authorizes
competitive grants for schools to initiate or expand programs to
prevent these kinds of things from happening, to provide counseling for
victims of the accused, and to train everyone on campus about how to
prevent this in the future.
When I was back home last week in Spokane, I told Kris's story, just
as I did today, and talked about the desperate need for these kinds of
protections. I am sure, as with many of those listening, most of my
constituents were pretty surprised to learn these policies aren't
already in place at all of our institutions of higher learning. I
couldn't agree more. Why aren't colleges and universities across our
country all being proactive in establishing these programs and points
of contact for students such as Tyler or Kris who have experienced or
could experience such a life-changing event?
While many schools currently have successful prevention and
counseling programs in place, students shouldn't have to take their
health and safety into account when they decide where they are going to
study in this country.
Kris recounted for me how each day during this horrible experience he
would awaken, and there were 5 or 6 seconds where he would feel normal
again, as if nothing had happened. But then reality would set in, and
it felt as though a ton of bricks had fallen on top of him. Fortunately
for Kris, he was able to lean on the campus LGBT community for support
during this very trying time. But he said:
If I hadn't reached out to the community, I probably
wouldn't be here today. Every day going to school felt like a
battlefield.
Unfortunately, there are others similar to Kris who don't have that
point of contact on campus--a supportive parent or a tight-knit group
of friends who help them get through these kinds of experiences.
I am very proud to be here today, with the support of my outstanding
cosponsor, Senator Baldwin, to take a major step to change this.
I would be remiss if I didn't take a moment to pay tribute to my
friend Senator Frank Lautenberg and his staff for their tireless work
to craft this original bill which serves as a tremendous honor to the
life of Tyler Clementi. No student, whether they are gay or straight or
Black or White or Christian or Muslim, should have to face
discrimination and harassment in pursuit of their education. While I
know it is impossible to eradicate all bad behavior from our society,
we have to arm our campuses with the tools and resources necessary to
not only efficiently and effectively support the victims but also to
take action against those who have perpetrated such senseless crimes.
That is why I am here today. I am very proud to introduce this
legislation.
I wish to thank Kris for his courage in speaking out and his ability
to be here today to make sure no other student in our country ever has
to go through what he did.
______
By Mr. LEAHY (for himself and Mr. Cornyn):
S. 2177. 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; to the
Committee on the Judiciary.
Mr. LEAHY. Mr. President, from DNA to digital evidence, prosecutors,
defense attorneys, and judges are becoming increasingly reliant on the
collection and analysis of various forms of forensic evidence in a
criminal investigation or prosecution. It is therefore all the more
important that we 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.
I am proud to introduce today the Criminal Justice and Forensic
Science Reform Act. This legislation represents a comprehensive and
commonsense approach 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. The bill is also bipartisan, and I am pleased that Senator
Cornyn has agreed to be a cosponsor of this legislation.
Over the course of the past 5 years, my staff and I have 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
[[Page S1822]]
evidence or the lack of valid forensic evidence. Since the first post-
conviction DNA exoneration in the United States in 1989, there have
been 314 DNA exonerations. These exonerees spent an average of 13.5
years in prison, amounting to an astounding total of 4,202 years. 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.
It has also become abundantly clear through the course of this
inquiry 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 in Vermont, and the rapid development and expansion of the
forensic science disciplines since that time has been extraordinary. So
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.
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 able to testify in court with
confidence and integrity. All scientists and all attorneys who care
about these issues want the scientific analysis that is admitted as
evidence in the courtroom to meet the same rigorous testing and
research standards found in the laboratory.
There is 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 established standards in the field. There is also a dire
need for well managed and appropriately directed funding for research,
development, training, and technical assistance. It is a good
investment that 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.
Finally, there is wide acknowledgement about the need for
comprehensive legislation to address all of these issues. I first
introduced a version of this legislation in 2011, after an extensive
process of consultation with experts and stakeholders that included
three Judiciary Committee hearings, dozens of meetings with individuals
and organizations, and multiple drafts and revisions of legislative
proposals. We have continued to refine this bill over the past 3 years,
and the legislation Senator Cornyn and I introduce today is the product
of that ongoing conversation.
I have been encouraged by the efforts of the Department of Justice
and National Institute of Standards and Technology, NIST, to implement
administratively some of the basic structural reforms contained in our
bill, pursuant to a Memorandum of Understanding that led to the
formation of the National Commission on Forensic Science. However,
executive action is not enough. Congress must enact comprehensive
forensic science reform legislation, and I look forward to working with
the Department of Justice, NIST, the National Science Foundation, and
others to make sure we implement the necessary reforms as expeditiously
as possible.
This is not a partisan issue. Improving the reliability of forensic
evidence does not advance the interests of just prosecutors or
defendants, or of Democrats or Republicans. It is in the interest of
justice. Senator Cornyn recognizes this, and I am proud to have him as
a cosponsor of this important legislation. We will continue to work
diligently with senators on both sides of the aisle, and I hope many
other senators will join us to 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. Their passion for this
issue and for getting it right gives me confidence that we will work
together successfully to make much needed progress in implementing
comprehensive forensic reform legislation.
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. 2177
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.
[[Page S1823]]
(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 exofficio 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
[[Page S1824]]
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--
[[Page S1825]]
(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.
[[Page S1826]]
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.
[[Page S1827]]
(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
[[Page S1828]]
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).
[[Page S1829]]
(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
[[Page S1830]]
(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).
______
By Mr. McCONNELL:
S. 2183. A bill entitled ``United States International Programming to
Ukraine and Neighboring Regions'' ; considered and passed.
Mr. McCONNELL. 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. 2183
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. FINDINGS AND DECLARATIONS.
(a) Congress finds and declares the following:
(1) The Russian Government has deliberately blocked the
Ukrainian people's access to uncensored sources of
information and has provided alternative news and information
that is both inaccurate and inflammatory.
(2) United States international programming exists to
advance the United States interests and values by presenting
accurate and comprehensive news and information, which is the
foundation for democratic governance.
(3) The opinions and views of the Ukrainian people,
especially those people located in the eastern regions and
Crimea, are not being accurately represented in Russian
dominated mass media.
(4) Russian forces have seized more than five television
stations in Crimea and taken over transmissions, switching to
a 24/7 Russian propaganda format; this increase in
programming augments the already robust pro-Russian
programming to Ukraine.
(5) United States international programming has the
potential to combat this anti-democratic propaganda.
(b) Programming.--Radio Free Europe/Radio Liberty (RFE/RL),
Incorporated, and the Voice of America service to Ukraine and
neighboring regions shall--
(1) provide news and information that is accessible,
credible, and accurate;
(2) emphasize investigative and analytical journalism to
highlight inconsistencies and misinformation provided by
Russian or pro-Russian media outlets;
(3) prioritize programming to areas where access to
uncensored sources of information is limited or non-existent,
especially populations serviced by Russian supported media
outlets;
(4) increase the number of reporters and organizational
presence in eastern Ukraine, especially in Crimea;
(5) promote democratic processes, respect for human rights,
freedom of the press, and territorial sovereignty; and
(6) take necessary preparatory steps to continue and
increase programming and content that promotes democracy and
government transparency in Russia.
(c) Programming Surge.--RFE/RL, Incorporated, and Voice of
America programming to Ukraine and neighboring regions
shall--
(1) prioritize programming to eastern Ukraine, including
Crimea, and Moldova, and to ethnic and linguistic Russian
populations, as well as to Tatar minorities;
(2) prioritize news and information that directly
contributes to the target audiences' understanding of
political and economic developments in Ukraine and Moldova,
including countering misinformation that may originate from
other news outlets, especially Russian supported news
outlets;
(3) provide programming content 24 hours a day, seven days
a week to target populations, using all available and
effective distribution outlets, including--
(A) at least 8 weekly hours of total original television
and video content in Ukrainian, Russian, and Tatar languages,
not inclusive of live video streaming coverage of breaking
news, to be distributed on satellite, digital, and through
regional television affiliates by the Voice of America; and
(B) at least 14 weekly hours the total audio content in
Ukrainian, Russian, and Tatar languages to be distributed on
satellite, digital, and through regional radio affiliates of
RFE/RL, Incorporated;
(4) expand the use, audience, and audience engagement of
mobile news and multimedia platforms by RFE/RL, Incorporated,
and the Voice of America, including through Internet-based
social networking platforms; and
(5) partner with private sector broadcasters and affiliates
to seek and start co-production for new, original content,
when possible, to increase distribution.
(d) Authorization of Appropriations.--There is authorized
to be appropriated for fiscal year 2014, in addition to funds
otherwise made available for such purposes, up to $10,000,000
to carry out programming in the Ukrainian, Balkan, Russian,
and Tatar language services of RFE/RL, Incorporated, and the
Voice of America, for the purpose of bolstering existing
United States programming to the people of Ukraine and
neighboring regions, and increasing programming capacity and
jamming circumvention technology to overcome any disruptions
to service.
(e) Report.--Not later than 15 days after the date of the
enactment of this Act, the Broadcasting Board of Governors
shall submit to the Committees on Foreign Affairs and
Appropriations of the House of Representatives and the
Committees on Foreign Relations and Appropriations of the
Senate a detailed report on plans to increase broadcasts
pursuant to subsections (a) and (b).
______
By Mr. McCONNELL (for himself, Mr. Hatch, and Mr. Coats):
S.J. Res. 35. A joint resolution providing for congressional
disapproval under chapter 8 of title 5, United States Code, of the rule
submitted by the Internal Revenue Service of the Department of the
Treasury relating to liability under section 5000A of the Internal
Revenue Code of 1986 for the
[[Page S1831]]
shared responsibility payment for not maintaining minimum essential
coverage; to the Committee on Finance.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the text
of the joint resolution be printed in the Record.
There being no objection, the text of the joint resolution was
ordered to be printed in the Record, as follows:
S.J. Res. 35
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That Congress
disapproves the rule submitted by the Internal Revenue
Service of the Department of the Treasury relating to
liability under section 5000A of the Internal Revenue Code of
1986 for the shared responsibility payment for not
maintaining minimum essential coverage (published at 78 Fed.
Reg. 53646 (August 30, 2013)), and such rule shall have no
force or effect.
____________________