[Congressional Record Volume 160, Number 49 (Thursday, March 27, 2014)]
[Senate]
[Pages S1821-S1830]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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).
                                 ______