II 

112TH CONGRESS 

1ST SESSION S. 132 

To establish an Office of Forensic Science and a Forensic Science Board, 

to strengthen and promote confidence in the criminal justice system 

by ensuring consistency and scientific validity in forensic testing, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25 (legislative day, JANUARY 5), 2011 

Mr. LEAHY introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To establish an Office of Forensic Science and a Forensic 

Science Board, to strengthen and promote confidence 

in the criminal justice system by ensuring consistency 

and scientific validity in forensic testing, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Criminal Justice and Forensic Science Reform Act of 

6 2011’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Purpose. 

TITLE I—STRUCTURE AND OVERSIGHT 

Sec. 101. Office of Forensic Science. 

Sec. 102. Forensic Science Board. 

Sec. 103. Committees. 

Sec. 104. Authorization of appropriations. 

TITLE II—ACCREDITATION OF FORENSIC SCIENCE 

LABORATORIES 

Sec. 201. Accreditation of forensic science laboratories. 

Sec. 202. Standards for laboratory accreditation. 

Sec. 203. Administration and enforcement of accreditation program. 

TITLE III—CERTIFICATION OF FORENSIC SCIENCE PERSONNEL 

Sec. 301. Definitions. 

Sec. 302. Certification of forensic science personnel. 

Sec. 303. Standards for certification. 

Sec. 304. Administration and review of certification program. 

Sec. 305. Grants and technical assistance. 

TITLE IV—RESEARCH 

Sec. 401. Research strategy and priorities. 

Sec. 402. Research grants. 

Sec. 403. Oversight and review. 

Sec. 404. Public-private collaboration. 

TITLE V—STANDARDS AND BEST PRACTICES 

Sec. 501. Development of standards and best practices. 

Sec. 502. Establishment and dissemination of standards and best practices. 

Sec. 503. Review and oversight. 

TITLE VI—ADDITIONAL RESPONSIBILITIES OF THE OFFICE OF 

FORENSIC SCIENCE AND THE FORENSIC SCIENCE BOARD 

Sec. 601. Forensic science training and education for judges, attorneys, and 

law enforcement personnel. 

Sec. 602. Educational programs in the forensic sciences. 

Sec. 603. Medical-legal death examination. 

Sec. 604. Inter-governmental coordination. 

Sec. 605. Anonymous reporting. 

Sec. 606. Interoperability of databases and technologies. 

Sec. 607. Code of ethics. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act— 

3 (1) the term ‘‘Board’’ means the Forensic 

4 Science Board established under section 102(a); 

5 (2) the term ‘‘Committee’’ means a committee 

6 established under section 103(a)(2); 

7 (3) the term ‘‘Deputy Director’’ means the 

8 Deputy Director of the Office; 

9 (4) the term ‘‘Director’’ means the Director of 

10 the Office; 

11 (5) the term ‘‘forensic science discipline’’ shall 

12 have the meaning given that term by the Director in 

13 accordance with section 102(h); 

14 (6) the term ‘‘forensic science laboratory’’ shall 

15 have the meaning given that term by the Director in 

16 accordance with section 201(c); 

17 (7) the term ‘‘Office’’ means the Office of Fo18 rensic Science established under section 101(a); and 

19 (8) the term ‘‘relevant personnel’’ shall have the 

20 meaning given that term by the Director in accord21 ance with section 301(b). 

22 SEC. 3. PURPOSE. 

23 The purpose of this Act is to strengthen and promote 

24 confidence in the criminal justice system by promoting 

25 standards and best practices and ensuring consistency, 

26 scientific validity, and accuracy with respect to forensic 


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1 testing, analysis, identification, and comparisons, the re2 sults of which may be interpreted, presented, or otherwise 

3 used during the course of a criminal investigation or crimi4 nal court proceeding. 

5 TITLE I—STRUCTURE AND 

6 OVERSIGHT 

7 SEC. 101. OFFICE OF FORENSIC SCIENCE. 

8 (a) IN GENERAL.—There is established an Office of 

9 Forensic Science within the Office of the Deputy Attorney 

10 General in the Department of Justice. 

11 (b) OFFICERS AND STAFF.— 

12 (1) IN GENERAL.—The Office shall include— 

13 (A) a Director, who shall be appointed by 

14 the Attorney General; 

15 (B) a Deputy Director, who shall be— 

16 (i) an employee of the National Insti17 tute of Standards and Technology; 

18 (ii) selected by the Director of the Na19 tional Institute of Standards and Tech20 nology; and 

21 (iii) detailed to the Office on a reim22 bursable basis; 

23 (C) such additional staff detailed on a re24 imbursable basis from the National Institute of 

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1 rector, in consultation with the Director and 

2 subject to the approval of the Director of the 

3 National Institute of Standards and Tech4 nology, determines appropriate; and 

5 (D) such other officers and staff as the 

6 Deputy Attorney General, the Director, and the 

7 Deputy Director determine appropriate. 

8 (2) DEADLINE.—Not later than 180 days after 

9 the date of enactment of this Act, the initial ap10 pointments, selections, and detailing under para11 graph (1) shall be made. 

12 (c) VACANCY.—In the event of a vacancy in the posi13 tion of Director— 

14 (1) the Attorney General shall designate an act15 ing Director; and 

16 (2) during any period of vacancy before des17 ignation of an acting Director, the Deputy Attorney 

18 General shall serve as acting Director. 

19 (d) LIAISON.—The Director of the National Science 

20 Foundation, in consultation with the Director and the 

21 Deputy Director, shall designate a liaison at the National 

22 Science Foundation to facilitate communication between 

23 the Office and the National Science Foundation. 

24 (e) DUTIES AND AUTHORITY.— 

25 (1) IN GENERAL.—The Office shall— 


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1 (A) assist the Board in carrying out all the 

2 functions of the Board under this Act and such 

3 other related functions as are necessary to per4 form the functions; and 

5 (B) evaluate and act upon the rec6 ommendations of the Board in accordance with 

7 paragraph (4). 

8 (2) SPECIFIC RESPONSIBILITIES.—The Direc9 tor, in consultation with the Deputy Director, 

10 shall— 

11 (A) establish, implement, and enforce ac12 creditation and certification standards under ti13 tles II and III; 

14 (B) establish a comprehensive strategy for 

15 scientific research in the forensic sciences under 

16 title IV; 

17 (C) establish and implement standards and 

18 best practices for forensic science disciplines 

19 under title V; 

20 (D) define the term ‘‘forensic science dis21 cipline’’ for the purposes of this Act in accord22 ance with section 102(h); 

23 (E) establish and maintain a list of foren24 sic science disciplines in accordance with section 

25 102(h); 


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1 (F) establish Committees in accordance 

2 with section 103; 

3 (G) define the term ‘‘forensic science lab4 oratory’’ for the purposes of this Act in accord5 ance with section 201(c); and 

6 (H) perform all other functions of the Of7 fice under this Act and such other related func8 tions as are necessary to perform the functions 

9 of the Office described in this Act. 

10 (3) ADDITIONAL RESPONSIBILITIES OF DEPUTY

11 DIRECTOR.—The Deputy Director, in consultation 

12 with the Director of the National Institute of Stand13 ards and Technology, shall oversee— 

14 (A) the implementation of any standard, 

15 protocol, definition, or other material estab16 lished or amended based on a recommendation 

17 by a Committee; and 

18 (B) the work of the Committees. 

19 (4) CONSIDERATION OF RECOMMENDATIONS.— 

20 (A) IN GENERAL.—Upon receiving a rec21 ommendation from the Board, the Director 

22 shall— 

23 (i) give substantial deference to the 

24 recommendation; and 


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1 (ii) not later than 90 days after the 

2 date on which the Director receives the 

3 recommendation, determine whether to 

4 adopt, modify, or reject the recommenda5 tion. 

6 (B) MODIFICATION.— 

7 (i) IN GENERAL.—If the Director de8 termines to substantially modify a rec9 ommendation under subparagraph (A), the 

10 Director shall immediately notify the 

11 Board of the proposed modification. 

12 (ii) BOARD RECOMMENDATION.—Not 

13 later than 30 days after the date on which 

14 the Director provides notice to the Board 

15 under clause (i), the Board shall submit to 

16 the Director a recommendation on whether 

17 the proposed modification should be adopt18 ed. 

19 (iii) ACCEPTANCE OF MODIFICA20 TION.—If the Board recommends that a 

21 proposed modification should be adopted 

22 under clause (ii), the Director may imple23 ment the modified recommendation. 

24 (iv) REJECTION OF MODIFICATION.— 

25 If the Board recommends that a proposed 


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1 modification should not be adopted under 

2 clause (ii), the Director shall, not later 

3 than 10 days after the date on which the 

4 Board makes the recommendation— 

5 (I) provide notice and an expla6 nation of the modification proposed to 

7 the Committee on the Judiciary and 

8 the Committee on Commerce, Science, 

9 and Transportation of the Senate and 

10 the Committee on the Judiciary and 

11 the Committee on Science and Tech12 nology of the House of Representa13 tives; and 

14 (II) begin a rulemaking on the 

15 record after opportunity for an agency 

16 hearing. 

17 (C) REJECTION.—Not later than 30 days 

18 after the date on which the Director determines 

19 to reject a recommendation under subparagraph 

20 (A), the Director shall— 

21 (i) provide notice and an explanation 

22 of the decision to the Committee on the 

23 Judiciary and the Committee on Com24 merce, Science, and Transportation of the 

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1 ary and the Committee on Science and 

2 Technology of the House of Representa3 tives; and 

4 (ii) begin a rulemaking on the record 

5 after opportunity for an agency hearing. 

6 (f) WEBSITE.—The Director shall— 

7 (1) establish a website that is publicly acces8 sible; and 

9 (2) publish recommendations of the Board and 

10 all standards, protocols, definitions, and other mate11 rials established, or amended, by the Director under 

12 this Act on the website. 

13 SEC. 102. FORENSIC SCIENCE BOARD. 

14 (a) IN GENERAL.—There is established a Forensic 

15 Science Board to serve as an advisory board regarding fo16 rensic science in order to strengthen and promote con17 fidence in the criminal justice system by promoting stand18 ards and best practices and ensuring consistency, sci19 entific validity, and accuracy with respect to forensic test20 ing, analysis, identification, and comparisons, the results 

21 of which may be interpreted, presented, or otherwise used 

22 during the course of a criminal investigation or criminal 

23 court proceeding. 

24 (b) APPOINTMENT.— 


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1 (1) IN GENERAL.—The Board shall be com2 posed of 19 members, who shall— 

3 (A) be appointed by the President not later 

4 than 180 days after the date of enactment of 

5 this Act; and 

6 (B) come from professional communities 

7 that have expertise relevant to and significant 

8 interest in the field of forensic science. 

9 (2) CONSIDERATION AND CONSULTATION.—In 

10 making an appointment under paragraph (1), the 

11 President shall— 

12 (A) consider the need for the Board to ex13 ercise independent scientific judgment; 

14 (B) consider, among other factors, rec15 ommendations from leading scientific organiza16 tions and leading professional organizations in 

17 the field of forensic science and other relevant 

18 fields; and 

19 (C) consult with the Chairman and Rank20 ing Member of the— 

21 (i) Committee on the Judiciary and 

22 the Committee on Commerce, Science, and 

23 Transportation of the Senate; and 


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1 (ii) the Committee on the Judiciary 

2 and the Committee on Science and Tech3 nology of the House of Representatives. 

4 (3) REQUIREMENTS.—The Board shall in5 clude— 

6 (A) not fewer than 10 members who have 

7 comprehensive scientific backgrounds, of 

8 which— 

9 (i) not fewer than 5 members have ex10 tensive experience or background in sci11 entific research; and 

12 (ii) not fewer than 5 members have 

13 extensive experience or background in fo14 rensic science; and 

15 (B) not fewer than 1 member from each 

16 category described in paragraph (4). 

17 (4) CATEGORIES.—The categories described in 

18 this paragraph are— 

19 (A) judges; 

20 (B) Federal Government officials; 

21 (C) State and local government officials; 

22 (D) prosecutors; 

23 (E) law enforcement officers; 

24 (F) criminal defense attorneys; 


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1 (G) organizations that represent people 

2 who may have been wrongly convicted; 

3 (H) practitioners in forensic laboratories; 

4 (I) physicians with relevant expertise; and 

5 (J) State laboratory directors. 

6 (5) FULFILLMENT OF MULTIPLE REQUIRE7 MENTS.—An individual may fulfill more than 1 re8 quirement described in paragraph (3) or (4). 

9 (6) EX OFFICIO MEMBERS.—The Director and 

10 the Deputy Director shall serve as ex officio and 

11 nonvoting members of the Board. 

12 (c) TERMS.— 

13 (1) IN GENERAL.—A member of the Board 

14 shall be appointed for a term of 6 years. 

15 (2) EXCEPTION.—Of the members first ap16 pointed to the Board— 

17 (A) 6 members shall serve a term of 2 

18 years; 

19 (B) 6 members shall serve a term of 4 

20 years; and 

21 (C) 7 members shall serve a term of 6 

22 years. 

23 (3) RENEWABLE TERM.—A member of the 

24 Board may be appointed for not more than a total 


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1 of 2 terms, including an initial term described in 

2 paragraph (2). 

3 (4) VACANCIES.— 

4 (A) IN GENERAL.—In the event of a va5 cancy, the President may appoint a member to 

6 fill the remainder of the term. 

7 (B) ADDITIONAL TERM.—A member ap8 pointed under subparagraph (A) may be re9 appointed for 1 additional term. 

10 (5) HOLDOVERS.—If a successor has not been 

11 appointed at the conclusion of the term of a member 

12 of the Board, the member of the Board may con13 tinue to serve until— 

14 (A) a successor is appointed; or 

15 (B) the member of the Board is re16 appointed. 

17 (d) RESPONSIBILITIES.—The Board shall— 

18 (1) make recommendations to the Director re19 lating to research priorities and needs, accreditation 

20 and certification standards, standards and protocols 

21 for forensic science disciplines, and any other issue 

22 consistent with this Act; 

23 (2) monitor and evaluate— 


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1 (A) the administration of accreditation, 

2 certification, and research programs and proce3 dures established under this Act; and 

4 (B) the operation of the Committees; 

5 (3) review and update, as appropriate, any rec6 ommendations made under paragraph (1); and 

7 (4) perform all other functions of the Board 

8 under this Act and such other related functions as 

9 are necessary to perform the functions of the Board. 

10 (e) CONSULTATION.—The Board shall consult as ap11 propriate with the Deputy Attorney General, the Director 

12 of the National Institute of Standards and Technology, 

13 the Director of the National Science Foundation, the Di14 rector of the National Institute of Justice, the Director 

15 of the Centers for Disease Control and Prevention, senior 

16 officials from other relevant Federal agencies, and rel17 evant officials of State and local government. 

18 (f) MEETINGS.— 

19 (1) IN GENERAL.—The Board shall hold not 

20 fewer than 4 meetings of the full Board each year. 

21 (2) REQUIREMENTS.— 

22 (A) NOTICE.—The Board shall provide 

23 public notice of any meeting of the Board a rea24 sonable period in advance of the meeting. 


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1 (B) OPEN MEETINGS.—A meeting of the 

2 Board shall be open to the public. 

3 (C) QUORUM.—A majority of the members 

4 of the Board shall be present for a quorum to 

5 conduct business. 

6 (g) VOTES.— 

7 (1) IN GENERAL.—Decisions of the Board shall 

be made by an affirmative vote of not less than 2 8 ⁄3

9 of the members of the Board voting. 

10 (2) VOTING PROCEDURES.— 

11 (A) RECORDED.—All votes of the Board 

12 shall be recorded. 

13 (B) REMOTE AND PROXY VOTING.—If nec14 essary, a member of the Board may cast a 

15 vote— 

16 (i) over the phone or through elec17 tronic mail or other electronic means if the 

18 vote is scheduled to take place during a 

19 time other than a full meeting of the 

20 Board; and 

21 (ii) over the phone or by proxy if the 

22 vote is scheduled to take place during a 

23 full meeting of the Board. 

24 (h) DEFINITION OF FORENSIC SCIENCE DIS25 CIPLINE.— 


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1 (1) IN GENERAL.—Not later than 18 months 

2 after the date of enactment of this Act, the Board 

3 shall— 

4 (A) develop a recommended definition of 

5 the term ‘‘forensic science discipline’’ for pur6 poses of this Act, which shall encompass dis7 ciplines with a sufficient scientific basis that in8 volve forensic testing, analysis, identification, or 

9 comparisons, the results of which may be inter10 preted, presented, or otherwise used during the 

11 course of a criminal investigation or criminal 

12 court proceeding; 

13 (B) develop a recommended list of forensic 

14 science disciplines for purposes of this Act; and 

15 (C) submit the recommended definition 

16 and proposed list of forensic science disciplines 

17 to the Director. 

18 (2) CONSIDERATION.—In developing a rec19 ommended list of forensic science disciplines under 

20 paragraph (1)(B), the Board shall consider each 

21 field from which courts in criminal cases hear foren22 sic testimony or admit forensic evidence. 

23 (3) EXCLUSION FROM LIST.—If the Board rec24 ommends that a field should not be included on the 

25 list submitted under paragraph (1) because the field 


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1 has insufficient scientific basis on the date of the 

2 recommendation of the Board, the Board shall pub3 lish an explanation of the recommendation, which— 

4 (A) shall be published on the website of the 

5 Board; and 

6 (B) may include a finding that a field 

7 could be recognized as a forensic science dis8 cipline, based on additional research. 

9 (4) ESTABLISHMENT.—After the Director re10 ceives the recommendation of the Board under para11 graph (1), the Director shall, in accordance with sec12 tion 101(e)(4), establish a definition for the term 

13 ‘‘forensic science discipline’’, and shall establish a 

14 list of forensic science disciplines. 

15 (5) ANNUAL EVALUATION.—On an annual 

16 basis, the Board shall— 

17 (A) evaluate— 

18 (i) whether any field should be added 

19 to the list of forensic science disciplines es20 tablished under paragraph (4); and 

21 (ii) whether any field on the list of fo22 rensic science disciplines established under 

23 paragraph (4) should be modified or re24 moved; and 


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1 (B) submit the evaluation conducted under 

2 subparagraph (A), including any recommenda3 tions, to the Director. 

4 (i) STAFF.— 

5 (1) IN GENERAL.—The Board may, without re6 gard to the civil service laws and regulations, ap7 point and terminate an executive director and such 

8 other additional personnel as may be necessary to 

9 enable the Board to perform the duties of the 

10 Board. 

11 (2) COMPENSATION.—The Board may fix the 

12 compensation of the executive director and other 

13 personnel appointed under paragraph (1) without re14 gard to the provisions of chapter 51 and subchapter 

15 III of chapter 53 of title 5, United States Code, re16 lating to classification of positions and General 

17 Schedule pay rates, except that the rate of pay for 

18 the executive director and other personnel may not 

19 exceed the rate payable for level V of the Executive 

20 Schedule under section 5316 of such title. 

21 (3) PERSONNEL AS FEDERAL EMPLOYEES.— 

22 (A) IN GENERAL.—Any personnel of the 

23 Board who are employees shall be employees 

24 under section 2105 of title 5, United States 


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1 Code, for purposes of chapters 63, 81, 83, 84, 

2 24 85, 87, 89, 89A, 89B, and 90 of that title. 

3 (B) MEMBERS OF THE BOARD.—Subpara4 graph (A) shall not be construed to apply to 

5 members of the Board. 

6 (4) PROCUREMENT OF TEMPORARY AND INTER7 MITTENT SERVICES.—The Board may procure tem8 porary and intermittent services under section 

9 3109(b) of title 5, United States Code, at rates for 

10 individuals which do not exceed the daily equivalent 

11 of the annual rate of basic pay prescribed for level 

12 V of the Executive Schedule under section 5316 of 

13 such title. 

14 (5) VOLUNTARY SERVICES.—Notwithstanding 

15 section 1342 of title 31, United States Code, the 

16 Board may accept and use voluntary and uncompen17 sated services for the Board as the Board deter18 mines necessary. 

19 (j) REPORTS TO CONGRESS.—Not later than 2 years 

20 after the date of enactment of this Act, and every 2 years 

21 thereafter, the Board shall submit to Congress a report 

22 describing the work of the Board and the work of each 

23 Committee, which shall include a description of any rec24 ommendations, decisions, and other significant materials 

25 generated during the 2-year period. 


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1 (k) APPLICABILITY OF THE FEDERAL ADVISORY

2 COMMITTEE ACT.— 

3 (1) IN GENERAL.—Subject to paragraphs (2) 

4 and (3), the Federal Advisory Committee Act (5 

5 U.S.C. App.) shall apply to the Board. 

6 (2) TERMINATION PROVISION.—Section 

7 14(a)(2) of the Federal Advisory Committee Act (5 

8 U.S.C. App.) shall not apply to the Board. 

9 (3) COMPENSATION OF MEMBERS.—Members of 

10 the Board shall serve without compensation for serv11 ices performed for the Board. 

12 (4) TRAVEL EXPENSES.—The members of the 

13 Board shall be allowed travel expenses, including per 

14 diem in lieu of subsistence, at rates authorized for 

15 employees of agencies under subchapter I of chapter 

16 57 of title 5, United States Code, while away from 

17 their homes or regular places of business in the per18 formance of services for the Board. 

19 (5) DESIGNATED FEDERAL OFFICER.—In ac20 cordance with the Federal Advisory Committee Act 

21 (5 U.S.C. App.), the Director shall— 

22 (A) serve as the designated Federal officer; 

23 and 

24 (B) designate a committee management of25 ficer for the Board. 


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1 SEC. 103. COMMITTEES. 

2 (a) ESTABLISHMENT AND MAINTENANCE OF COM3 MITTEES.— 

4 (1) IN GENERAL.—Not later than 18 months 

5 after the date of enactment of this Act, the Board 

6 shall issue recommendations to the Director relating 

7 to— 

8 (A) the number of Committees that shall 

9 be established to examine research needs, 

10 standards and best practices, and certification 

11 standards for the forensic science disciplines, 

12 which shall be— 

13 (i) not fewer than 1; and 

14 (ii) sufficient to allow the Committees 

15 to function effectively; 

16 (B) the scope of responsibility for each 

17 Committee recommended to be established, 

18 which shall ensure that each forensic science 

19 discipline is addressed by a Committee; 

20 (C) what the relationship should be be21 tween the Committees and any scientific work22 ing group or technical working group that has 

23 a similar scope of responsibility; and 

24 (D) whether any Committee should con25 sider any field not recognized as a forensic 

26 science discipline for the purpose of determining 


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1 whether there is research that could be con2 ducted and used to form the basis for estab3 lishing the field as a forensic science discipline. 

4 (2) ESTABLISHMENT.—After the Director re5 ceives the recommendations of the Board under 

6 paragraph (1), the Director, in coordination with the 

7 Deputy Director, shall— 

8 (A) in accordance with section 101(e)(4), 

9 establish— 

10 (i) Committees to examine research 

11 needs, standards, and best practices, and 

12 certification standards for the forensic 

13 science disciplines, which shall be not fewer 

14 than 1; and 

15 (ii) a clear scope of responsibility for 

16 each Committee; and 

17 (B) publish a list of the Committees and 

18 the scope of responsibility for each Committee 

19 on the website for the Office. 

20 (3) ANNUAL EVALUATION.—The Board, on an 

21 annual basis, shall— 

22 (A) evaluate— 

23 (i) whether any new Committees 

24 should be established; 


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1 (ii) whether the scope of responsibility 

2 for any Committee should be modified; and 

3 (iii) whether any Committee should be 

4 discontinued; 

5 (B) submit any recommendations relating 

6 to the evaluation conducted under subpara7 graph (A) to the Director and Deputy Director. 

8 (4) UPDATES.—Upon receipt of any rec9 ommendations from the Board under paragraph (3), 

10 the Director shall, in accordance with section 

11 101(e)(4), determine whether to establish, modify 

12 the scope of, or discontinue any Committee. 

13 (b) MEMBERSHIP.— 

14 (1) IN GENERAL.—Each Committee shall— 

15 (A) consist of not more than 21 mem16 bers— 

17 (i) each of whom shall be a scientist 

18 with knowledge relevant to a forensic 

19 science discipline addressed by the Com20 mittee; and 

21 (ii) not less than 50 percent of whom 

22 shall have extensive experience or back23 ground in scientific research; 

24 (B) have a number of members who have 

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1 rensic sciences sufficient to ensure that the 

2 Committee has an adequate understanding of 

3 the factors and needs unique to the forensic 

4 sciences; and 

5 (C) have a membership that represents a 

6 variety of scientific disciplines, including the fo7 rensic sciences. 

8 (2) DEFINITION.—In this subsection, the term 

9 ‘‘scientist’’ includes— 

10 (A) a statistician with a scientific back11 ground; and 

12 (B) a physician with expertise in forensic 

13 sciences. 

14 (c) APPOINTMENT.— 

15 (1) IN GENERAL.—The Deputy Director, in 

16 consultation with the Board, shall appoint the mem17 bers of each Committee. 

18 (2) CONSIDERATION.—In appointing members 

19 to a Committee under paragraph (1), the Deputy 

20 Director shall consider— 

21 (A) the importance of analysis from sci22 entists with academic backgrounds; and 

23 (B) the importance of input from experi24 enced forensic practitioners. 


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1 (3) VACANCIES.—In the event of a vacancy, the 

2 Deputy Director, in consultation with the Board, 

3 may appoint a member to fill the remainder of the 

4 term. 

5 (4) HOLDOVERS.—If a successor has not been 

6 appointed at the conclusion of the term of a member 

7 of the Committee, the member of the Committee 

8 may continue to serve until— 

9 (A) a successor is appointed; or 

10 (B) the member of the Committee is re11 appointed. 

12 (d) TERMS.—A member of a Committee shall serve 

13 for renewable terms of 4 years. 

14 (e) SUPPORT AND OVERSIGHT.— 

15 (1) IN GENERAL.—The National Institute of 

16 Standards and Technology shall provide support and 

17 staff for each Committee as needed. 

18 (2) DUTIES AND OVERSIGHT.—The Deputy Di19 rector shall— 

20 (A) perform periodic oversight of each 

21 Committee; and 

22 (B) report any concerns about the per23 formance or functioning of a Committee to the 

24 Board and the Director. 


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1 (3) FAILURE TO COMPLY.—If a Committee fails 

2 to produce recommendations within the time periods 

3 required under this Act, the Deputy Director and 

4 the Director of the National Institute of Standards 

5 and Technology shall work with the Committee to 

6 assist the Committee in producing the required rec7 ommendations in a timely manner. 

8 (f) DUTIES.— 

9 (1) IN GENERAL.—A Committee shall have the 

10 duties and responsibilities set out in this Act, and 

11 shall perform any other functions determined appro12 priate by the Board and the Deputy Director. 

13 (2) COMMITTEE DECISIONS AND RECOMMENDA14 TIONS.— 

15 (A) IN GENERAL.—A Committee shall sub16 mit recommendations and all recommended 

17 standards, protocols, or other materials devel18 oped by the Committee to the Board for evalua19 tion. 

20 (B) PROHIBITION OF MODIFICATION OF

21 DECISIONS AND RECOMMENDATIONS.—Any rec22 ommendations of a Committee and any rec23 ommended standards, protocols, or other mate24 rials developed by a Committee may be apVerDate Mar 15 2010 04:19 Jan 29, 2011 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S132.IS S132

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1 proved or disapproved by the Board, but may 

2 not be modified by the Board. 

3 (C) APPROVAL OF DECISIONS AND REC4 OMMENDATIONS.—If the Board approves a rec5 ommendation or recommended standard, pro6 tocol, or other material submitted by a Com7 mittee under subparagraph (A), the Board shall 

8 submit the recommendation or recommended 

9 standard, protocol, or other material as a rec10 ommendation of the Board, to the Director and 

11 Deputy Director for consideration in accordance 

12 with section 101(e)(4). 

13 (D) DISAPPROVAL OF DECISIONS AND REC14 OMMENDATIONS.—If the Board disapproves of 

15 any recommendation of a Committee or rec16 ommended standard, protocol, or other material 

17 developed by a Committee— 

18 (i) the Board shall provide in writing 

19 the reason for the disapproval of the rec20 ommendation or recommended standard, 

21 protocol, or other material; 

22 (ii) the Committee shall withdraw the 

23 recommendation or recommended stand24 ard, protocol, or other material developed 

25 by the Committee; and 


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1 (iii) the Committee may submit a re2 vised recommendation or recommended 

3 standard, protocol, or other material. 

4 (g) MEETINGS.— 

5 (1) IN GENERAL.—A Committee shall hold not 

6 fewer than 4 meetings of the full Committee each 

7 year. 

8 (2) REQUIREMENTS.— 

9 (A) NOTICE.—A Committee shall provide 

10 public notice of any meeting of the Committee 

11 a reasonable period in advance of the meeting. 

12 (B) OPEN MEETINGS.—A meeting of a 

13 Committee shall be open to the public. 

14 (C) QUORUM.—A majority of members of 

15 a Committee shall be present for a quorum to 

16 conduct business. 

17 (h) VOTES.— 

18 (1) IN GENERAL.—Decisions of a Committee 

19 shall be made by an affirmative vote of not less than 

2 20 ⁄3 of the members of the Committee voting. 

21 (2) VOTING PROCEDURES.— 

22 (A) RECORDED.—All votes taken by a 

23 Committee shall be recorded. 


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1 (B) REMOTE AND PROXY VOTING.—If nec2 essary, a member of the Committee may cast a 

3 vote— 

4 (i) over the phone or through elec5 tronic mail if the vote is scheduled to take 

6 place during a time other than a full meet7 ing of the Committee; and 

8 (ii) over the phone or by proxy if the 

9 vote is scheduled to take place during a 

10 full meeting of the Committee. 

11 (i) APPLICABILITY OF THE FEDERAL ADVISORY

12 COMMITTEE ACT.— 

13 (1) IN GENERAL.—The Federal Advisory Com14 mittee Act (5 U.S.C. App.) shall not apply to a 

15 Committee. 

16 (2) COMPENSATION OF MEMBERS.—Members of 

17 a Committee shall serve without compensation for 

18 services performed for the Committee. 

19 (3) TRAVEL EXPENSES.—The members of a 

20 Committee shall be allowed travel expenses, includ21 ing per diem in lieu of subsistence, at rates author22 ized for employees of agencies under subchapter I of 

23 chapter 57 of title 5, United States Code, while 

24 away from their homes or regular places of business 

25 in the performance of services for the Committee. 


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1 SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated— 

3 (1) $15,000,000 for each of fiscal years 2012 

4 through 2016 for the operation and staffing of the 

5 Office; 

6 (2) $5,000,000 for each of fiscal years 2012 

7 through 2016 for the operation and staffing of the 

8 Board; 

9 (3) $15,000,000 for each of fiscal years 2012 

10 through 2016 for the operation and staffing of the 

11 Committees; and 

12 (4) $5,000,000 for each of fiscal years 2012 

13 through 2016 to the National Institute of Standards 

14 and Technology for the oversight, support, and staff15 ing of the Committees. 

16 TITLE II—ACCREDITATION OF 

17 FORENSIC SCIENCE LABORA18 TORIES 

19 SEC. 201. ACCREDITATION OF FORENSIC SCIENCE LABORA20 TORIES. 

21 (a) IN GENERAL.—On and after the date established 

22 under subsection (b)(2)(D), a forensic science laboratory 

23 may not receive, directly or indirectly, any Federal funds, 

24 unless the Director has verified that the laboratory has 

25 been accredited in accordance with the standards and pro26 cedures established under this title. 


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1 (b) PROCEDURES FOR ACCREDITATION.— 

2 (1) RECOMMENDATIONS.—Not later than 3 

3 years after the date of enactment of this Act, the 

4 Board shall submit to the Director— 

5 (A) recommended procedures for the ac6 creditation of forensic science laboratories that 

7 are consistent with the recommended standards 

8 and criteria developed by the Board under sec9 tion 202; 

10 (B) recommended procedures for the peri11 odic review and updating of the accreditation 

12 status of forensic science laboratories; 

13 (C) recommended procedures for the Di14 rector to verify that laboratories have been ac15 credited in accordance with the standards and 

16 procedures established under this title, which 

17 shall include procedures to implement, admin18 ister, and coordinate enforcement of the pro19 gram for the accreditation of forensic science 

20 laboratories; and 

21 (D) a recommendation regarding the date 

22 by which forensic science laboratories should— 

23 (i) begin the process of laboratory ac24 creditation; and 


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1 (ii) obtain verification of laboratory 

2 accreditation to be eligible to receive Fed3 eral funds. 

4 (2) ESTABLISHMENT.—After the Director re5 ceives the recommendations of the Board under 

6 paragraph (1), the Director shall, in accordance with 

7 section 101(e)(4), establish— 

8 (A) procedures for the accreditation of a 

9 forensic science laboratory; 

10 (B) procedures for the Director to verify 

11 that laboratories have been accredited in ac12 cordance with the standards and procedures es13 tablished under this title; 

14 (C) the date by which a forensic science 

15 laboratory shall begin the process of accredita16 tion; and 

17 (D) the date by which a forensic science 

18 laboratory shall obtain verification of laboratory 

19 accreditation to be eligible to receive Federal 

20 funds. 

21 (c) DEFINITION.— 

22 (1) IN GENERAL.—Not later than 1 year after 

23 the date of enactment of this Act, the Board shall 

24 recommend to the Director a definition of the term 

25 ‘‘forensic science laboratory’’ for purposes of this 


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1 Act, which shall include any laboratory that con2 ducts forensic testing, analysis, identification, or 

3 comparisons, the results of which may be inter4 preted, presented, or otherwise used during the 

5 course of a criminal investigation or criminal court 

6 proceeding. 

7 (2) ESTABLISHMENT.—After the Director re8 ceives the recommendation of the Board under para9 graph (1), the Director shall, in accordance with sec10 tion 101(e)(4), establish a definition for the term 

11 ‘‘forensic science laboratory’’. 

12 (d) APPLICABILITY TO FEDERAL AGENCIES.—On 

13 and after the date established by the Director under sub14 section (b)(2)(D), a Federal agency may not use any fo15 rensic science laboratory during the course of a criminal 

16 investigation or criminal court proceeding unless the fo17 rensic science laboratory meets the standards of accredita18 tion and certification established by the Office under this 

19 Act. 

20 SEC. 202. STANDARDS FOR LABORATORY ACCREDITATION. 

21 (a) STANDARDS.— 

22 (1) RECOMMENDATIONS.—Not later than 18 

23 months after the date of enactment of this Act, the 

24 Board shall, in consultation with qualified profes25 sional organizations, submit to the Director recVerDate Mar 15 2010 04:19 Jan 29, 2011 Jkt 099200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S132.IS S132

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1 ommendations regarding standards for the accredi2 tation of forensic science laboratories, including 

3 quality assurance standards, to ensure the quality, 

4 integrity, and accuracy of any testing, analysis, iden5 tification, or comparisons performed by a forensic 

6 science laboratory for use during the course of a 

7 criminal investigation or criminal court proceeding. 

8 (2) ESTABLISHMENT.—After the Director re9 ceives the recommendations of the Board under 

10 paragraph (1), the Director shall, in accordance with 

11 section 101(e)(4), establish standards for the accred12 itation of forensic science laboratories. 

13 (3) REQUIREMENTS.—In recommending or es14 tablishing standards under paragraph (1) or (2) the 

15 Board and the Director shall— 

16 (A) consider— 

17 (i) whether any relevant national ac18 creditation standards that were in effect 

19 before the date of enactment of this Act 

20 would be sufficient for the accreditation of 

21 forensic science laboratories under this 

22 Act; and 

23 (ii) whether any relevant national ac24 creditation standards that were in effect 

25 before the date of enactment of this Act 


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1 would be sufficient for the accreditation of 

2 forensic science laboratories under this Act 

3 with supplemental standards; and 

4 (B) include— 

5 (i) educational and training require6 ments for relevant laboratory personnel; 

7 (ii) proficiency and competency test8 ing requirements for relevant laboratory 

9 personnel; and 

10 (iii) maintenance and auditing re11 quirements for accredited forensic science 

12 laboratories. 

13 (b) REVIEW OF STANDARDS.— 

14 (1) IN GENERAL.—Not less frequently than 

15 once every 5 years— 

16 (A) the Board shall— 

17 (i) review the scope and effectiveness 

18 of the accreditation standards established 

19 under subsection (a); 

20 (ii) submit recommendations to the 

21 Director relating to whether, and if so, 

22 how to update the standards as necessary 

23 to— 


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1 (I) account for developments in 

2 relevant scientific research and tech3 nological advances; 

4 (II) ensure adherence to the 

5 standards and best practices estab6 lished under title V; and 

7 (III) address any other issue 

8 identified during the course of the re9 view conducted under clause (i); and 

10 (B) the Director shall, as necessary and in 

11 accordance with section 101(e)(4), update the 

12 accreditation standards established under sub13 section (a). 

14 (2) PROCEDURES FOR OPEN AND TRANS15 PARENT REVIEW OF STANDARDS.—The Director, in 

16 consultation with the Board, shall establish proce17 dures to ensure that the process for developing, re18 viewing, and updating accreditation standards under 

19 this section— 

20 (A) is open and transparent to the public; 

21 and 

22 (B) includes an opportunity for the public 

23 to comment on proposed standards with suffi24 cient prior notice. 


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1 SEC. 203. ADMINISTRATION AND ENFORCEMENT OF AC2 CREDITATION PROGRAM. 

3 (a) ADMINISTRATION AND ENFORCEMENT OF AC4 CREDITATION PROGRAM.— 

5 (1) IN GENERAL.—The Director shall determine 

6 whether a forensic science laboratory is eligible to 

7 receive, directly or indirectly, Federal funds under 

8 section 201(a). 

9 (2) ADMINISTRATION.— 

10 (A) IN GENERAL.—The Director may iden11 tify 1 or more qualified accrediting entities with 

12 experience and expertise relevant to the accredi13 tation of forensic science laboratories, the ac14 creditation of a forensic science laboratory by 

15 which shall constitute accreditation for purposes 

16 of section 201(a). 

17 (B) OVERSIGHT.—The Director shall peri18 odically reevaluate whether accreditation by a 

19 qualified accrediting entity identified under sub20 paragraph (A) is adequate to ensure compliance 

21 with the standards and procedures established 

22 under this title. 

23 (C) REPORTING.—The Director shall pro24 vide regular reports to the Board regarding the 

25 accreditation of forensic science laboratories by 

26 qualified accrediting entities identified under 


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1 subparagraph (A) and reevaluations of accredi2 tation by qualified accrediting entities under 

3 subparagraph (B), which shall be published on 

4 the website of the Office. 

5 (b) REVIEW OF ELIGIBILITY.—Not less frequently 

6 than once every 5 years, the Director shall evaluate wheth7 er a forensic science laboratory that has been determined 

8 to be eligible to receive Federal funds under section 201(a) 

9 remains eligible to receive Federal funds, including wheth10 er any accreditation of the forensic science laboratory by 

11 a qualified accrediting entity identified under subpara12 graph (A) is still in effect. 

13 (c) WEBSITE.—The Director shall develop and main14 tain on the website of the Office an updated list of— 

15 (1) the forensic science laboratories that are eli16 gible for Federal funds under section 201(a); 

17 (2) the forensic science laboratories that have 

18 been determined to be ineligible to receive Federal 

19 funds under section 201(a); and 

20 (3) the forensic science laboratories that are 

21 awaiting a determination regarding eligibility to re22 ceive Federal funds under section 201(a). 


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1 TITLE III—CERTIFICATION OF 

2 FORENSIC SCIENCE PERSONNEL 

3 SEC. 301. DEFINITIONS. 

4 (a) COVERED ENTITY.—In this title, the term ‘‘cov5 ered entity’’ means an entity that— 

6 (1) is not a forensic science laboratory; and 

7 (2) conducts forensic testing, analysis, identi8 fication, or comparisons, the results of which may be 

9 interpreted, presented, or otherwise used during the 

10 course of a criminal investigation or criminal court 

11 proceeding. 

12 (b) RELEVANT PERSONNEL.— 

13 (1) RECOMMENDATION.—Not later than 1 year 

14 after the date of enactment of this Act, the Board 

15 shall submit to the Director a recommended defini16 tion of the term ‘‘relevant personnel’’, which shall 

17 include individuals who— 

18 (A) conduct forensic testing, analysis, iden19 tification, or comparisons, the results of which 

20 may be interpreted, presented, or otherwise 

21 used during the course of a criminal investiga22 tion or criminal court proceeding; or 

23 (B) testify about evidence prepared by an 

24 individual described in paragraph (A). 


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1 (2) DEFINITION.—After the Director receives 

2 the recommendation of the Board under paragraph 

3 (1), the Director shall, in accordance with section 

4 101(e)(4), define the term ‘‘relevant personnel’’ for 

5 purposes of this title. 

6 SEC. 302. CERTIFICATION OF FORENSIC SCIENCE PER7 SONNEL. 

8 Except as provided in section 304(c)(2), on and after 

9 the date established under section 304(c)(1), a forensic 

10 science laboratory or covered entity may not receive, di11 rectly or indirectly, any Federal funds, unless all relevant 

12 personnel of the forensic science laboratory or covered en13 tity are certified under this title. 

14 SEC. 303. STANDARDS FOR CERTIFICATION. 

15 (a) RECOMMENDED STANDARDS.— 

16 (1) IN GENERAL.—Not later than 2 years after 

17 the date on which all members of a Committee have 

18 been appointed, the Committee shall make rec19 ommendations to the Board relating to standards 

20 for the certification of relevant personnel in each fo21 rensic science discipline addressed by the Committee. 

22 (2) REQUIREMENTS.—In developing rec23 ommended standards under paragraph (1), a Com24 mittee shall— 


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1 (A) consult with qualified professional or2 ganizations; 

3 (B) consider relevant certification stand4 ards and best practices developed by qualified 

5 professional or scientific organizations; 

6 (C) consider any standards or best prac7 tices established under title V; and 

8 (D) consider— 

9 (i) whether certain minimum stand10 ards should be established for the edu11 cation and training of relevant personnel; 

12 (ii) whether there should be an alter13 native process to enable relevant personnel 

14 who were hired before the date established 

15 under section 304(c)(1), to obtain certifi16 cations, including— 

17 (I) testing that demonstrates 

18 proficiency in a specific forensic 

19 science discipline that is equal to or 

20 greater than the level of proficiency 

21 required by the standards for certifi22 cation; and 

23 (II) a waiver of certain edu24 cational and training requirements; 


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1 (iii) whether and under what condi2 tions relevant personnel should be allowed 

3 to perform an activity described in sub4 paragraph (A) or (B) of section 301(b)(1) 

5 for a forensic science laboratory or covered 

6 entity while the individual obtains the 

7 training and education required for certifi8 cation under the standards developed 

9 under this title; and 

10 (iv) whether certification by recog11 nized and relevant medical boards should 

12 be sufficient for relevant personnel to meet 

13 the standards developed under this title. 

14 (b) APPROVAL OR DENIAL OF RECOMMENDA15 TIONS.—The Board shall approve or deny any rec16 ommendation submitted by a Committee under subsection 

17 (a) in accordance with section 103(f)(2). 

18 (c) ESTABLISHMENT OF STANDARDS.—After the Di19 rector receives recommendations from the Board under 

20 subsection (b), the Director shall, in accordance with sec21 tion 101(e)(4), establish standards for the certification of 

22 relevant personnel. 

23 (d) REVIEW OF STANDARDS.— 

24 (1) IN GENERAL.—Not less frequently than 

25 once every 5 years, a Committee shall— 


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1 (A) review the standards for certification 

2 established under subsection (c) for each foren3 sic science discipline within the responsibility of 

4 the Committee; and 

5 (B) submit to the Board recommendations 

6 regarding updates, if any, to the standards for 

7 certification as necessary— 

8 (i) to account for developments in rel9 evant scientific research, technological ad10 vances, or changes in the law; and 

11 (ii) to ensure adherence to the uni12 form standards and best practices estab13 lished under title V. 

14 (2) BOARD REVIEW.—Not later than 180 days 

15 after the date on which a Committee submits rec16 ommendations under paragraph (1)(B), the Board 

17 shall, in accordance with section 103(f)(2)— 

18 (A) consider the recommendations; and 

19 (B) submit to the Director recommenda20 tions of uniform standards and best practices 

21 for each forensic science discipline. 

22 (3) UPDATES.—After the Director receives rec23 ommendations from the Board under paragraph (2), 

24 the Director shall, in accordance with section 


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1 101(e)(4), update the standards for certification of 

2 relevant personnel. 

3 (e) PUBLIC COMMENT.—The Director, in consulta4 tion with the Board, shall establish procedures to ensure 

5 that the process for establishing, reviewing, and updating 

6 standards for certification of relevant personnel under this 

7 section— 

8 (1) is open and transparent to the public; and 

9 (2) includes an opportunity for the public to 

10 comment on proposed standards with sufficient prior 

11 notice. 

12 SEC. 304. ADMINISTRATION AND REVIEW OF CERTIFI13 CATION PROGRAM. 

14 (a) IN GENERAL.— 

15 (1) DETERMINATION.—The Director shall de16 termine whether a forensic science laboratory or cov17 ered entity is eligible to receive, directly or indi18 rectly, Federal funds under section 302. 

19 (2) PROCEDURES.—Not later than 1 year after 

20 the date of enactment of this Act, the Director shall 

21 establish policies and procedures to implement, ad22 minister, and coordinate enforcement of the certifi23 cation requirements established under this title, in24 cluding requiring the periodic recertification of rel25 evant personnel. 


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1 (b) ADMINISTRATION.— 

2 (1) IN GENERAL.—After consultation with the 

3 Board, the Director may identify 1 or more qualified 

4 professional organizations with experience and ex5 pertise relevant to the certification of individuals in 

6 a particular forensic science discipline, the certifi7 cation of an individual by which shall constitute cer8 tification for purposes of section 302. 

9 (2) OVERSIGHT.—The Director shall periodi10 cally reevaluate whether certification by a qualified 

11 professional organizations identified under para12 graph (1) is adequate to ensure compliance with the 

13 standards established under this title. 

14 (3) REPORTING.—The Director shall provide 

15 regular reports to the Board regarding the certifi16 cation of relevant personnel by qualified professional 

17 organizations identified under paragraph (1) and re18 evaluations of certification by qualified professional 

19 organizations under paragraph (2), which shall be 

20 published on the website of the Office. 

21 (c) IMPLEMENTATION OF CERTIFICATION REQUIRE22 MENTS.— 

23 (1) IN GENERAL.—After consultation with the 

24 Board, the Director shall establish the date on which 

25 forensic science laboratories and covered entities 


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1 shall be in compliance with the certification require2 ments of this title. 

3 (2) GRADUAL IMPLEMENTATION.—The Director 

4 shall, in consultation with the Board and each Com5 mittee, establish policies and procedures to enable 

6 the gradual implementation of the certification re7 quirements that— 

8 (A) include a reasonable schedule to allow 

9 relevant personnel to obtain certifications; and 

10 (B) allow for partial compliance with the 

11 requirements of section 302 for a reasonable 

12 period of time after the date established under 

13 paragraph (1). 

14 (d) REVIEW OF CERTIFICATION REQUIREMENTS.— 

15 The Director shall establish policies and procedures for 

16 the periodic review of the implementation, administration, 

17 and enforcement of the certification requirements estab18 lished under this title. 

19 SEC. 305. GRANTS AND TECHNICAL ASSISTANCE. 

20 (a) IN GENERAL.—The Director of the National In21 stitute of Justice, in consultation with the Director, may 

22 make grants and provide technical assistance to forensic 

23 science laboratories and other entities subject to the re24 quirements under this title and title II to ensure that fo25 rensic science laboratories and covered entities are able to 


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1 effectively fulfill the responsibilities of the laboratories or 

2 entities during the process of— 

3 (1) seeking accreditation under title II; and 

4 (2) obtaining certifications for relevant per5 sonnel under this title. 

6 (b) AUTHORIZATION OF APPROPRIATIONS.— 

7 (1) IN GENERAL.—There is authorized to be 

8 appropriated $10,000,000 for each of fiscal years 

9 2012 through 2016 to the National Institute of Jus10 tice for the grant program and technical assistance 

11 described in subsection (a). 

12 (2) REQUIREMENT.—Not less than 75 percent 

13 of funds appropriated pursuant to paragraph (1) 

14 shall be used for grants under this section. 

15 (c) REPORT.—The Director of the National Institute 

16 of Justice shall, on an annual basis, submit to the Board 

17 and the Director a report that describes— 

18 (1) the application process for grants under this 

19 section; 

20 (2) each grant made under this section during 

21 the fiscal year before the fiscal year in which the re22 port is submitted; and 

23 (3) as appropriate, the status and results of 

24 any grants previously described in a report sub25 mitted under this subsection. 


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1 TITLE IV—RESEARCH 

2 SEC. 401. RESEARCH STRATEGY AND PRIORITIES. 

3 (a) COMPREHENSIVE RESEARCH STRATEGY AND

4 AGENDA.— 

5 (1) RECOMMENDATION.—Not later than 18 

6 months after the date of enactment of this Act, the 

7 Board shall recommend to the Director a com8 prehensive strategy for fostering and improving 

9 peer-reviewed scientific research relating to the fo10 rensic science disciplines, including research address11 ing issues of accuracy, reliability, and validity in the 

12 forensic science disciplines. 

13 (2) ESTABLISHMENT.—After the Director re14 ceives recommendations from the Board under para15 graph (1), the Director shall, in accordance with sec16 tion 101(e)(4), establish a comprehensive strategy 

17 for fostering and improving peer-reviewed scientific 

18 research relating to the forensic science disciplines. 

19 (3) REVIEW.— 

20 (A) BOARD REVIEW.—Not less frequently 

21 than once every 5 years, the Board shall— 

22 (i) review the comprehensive strategy 

23 established under paragraph (2); and 

24 (ii) recommend any necessary updates 

25 to the comprehensive strategy. 


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1 (B) UPDATES.—After the Director receives 

2 recommendations from the Board under sub3 paragraph (A), the Director shall, in accordance 

4 with section 101(e)(4), update the comprehen5 sive strategy as necessary and appropriate. 

6 (b) RESEARCH FUNDING PRIORITIES.— 

7 (1) RECOMMENDATION.—Not later than 18 

8 months after the date of enactment of this Act, the 

9 Board shall recommend to the Director a list of pri10 orities for forensic science research funding. 

11 (2) ESTABLISHMENT.—After the Director re12 ceives the list from the Board under paragraph (1), 

13 the Director shall, in accordance with section 

14 101(e)(4), establish a list of priorities for forensic 

15 science research funding. 

16 (3) REVIEW.—Not less frequently than once 

17 every 2 years, the Board shall— 

18 (A) review— 

19 (i) the list of priorities established 

20 under paragraph (2); and 

21 (ii) the findings of the relevant Com22 mittees made under subsection (c); and 

23 (B) recommend any necessary updates to 

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1 priate, the findings of the Committees under 

2 subsection (c). 

3 (4) UPDATES.—After the Director receives the 

4 recommendations under paragraph (3), the Director 

5 shall, in accordance with section 101(e)(4), update 

6 as necessary the list of research funding priorities. 

7 (c) EVALUATION OF RESEARCH NEEDS.—Not later 

8 than 2 years after the date on which all members of a 

9 Committee have been appointed under section 103, and 

10 periodically thereafter, the Committee shall— 

11 (1) examine and evaluate the scientific research 

12 in each forensic science discipline within the respon13 sibility of the Committee; 

14 (2) conduct comprehensive surveys of scientific 

15 research relating to each forensic science discipline 

16 within the responsibility of the Committee; 

17 (3) examine the research needs in each forensic 

18 science discipline within the responsibility of the 

19 Committee and identify key areas in which further 

20 scientific research is needed; and 

21 (4) develop and submit to the Board a list of 

22 research needs and priorities. 

23 (d) CONSIDERATION.—In developing the initial re24 search strategy, research priorities, and surveys required 

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1 sider any findings, surveys, and analyses relating to re2 search in forensic science disciplines, including those made 

3 by the Subcommittee on Forensic Science of the National 

4 Science and Technology Council. 

5 SEC. 402. RESEARCH GRANTS. 

6 (a) COMPETITIVE GRANTS.— 

7 (1) DEFINITION.—In this subsection, the term 

8 ‘‘eligible entity’’ means— 

9 (A) a nonprofit academic or research insti10 tution; and 

11 (B) any other entity designated by the Di12 rector of the National Institute of Standards 

13 and Technology. 

14 (2) PEER-REVIEW RESEARCH GRANTS.— 

15 (A) IN GENERAL.—The Director of the 

16 National Institute of Standards and Technology 

17 may, on a competitive basis, make grants to eli18 gible entities to conduct peer-reviewed scientific 

19 research. 

20 (B) CONSIDERATION.—In making grants 

21 under this paragraph, the Director of the Na22 tional Institute of Standards and Technology 

23 shall— 

24 (i) ensure that grants made under 

25 this paragraph are for peer-reviewed sciVerDate Mar 15 2010 04:19 Jan 29, 2011 Jkt 099200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S132.IS S132

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1 entific research in areas that are consistent 

2 with the research priorities established by 

3 the Director under section 401(b); and 

4 (ii) take into consideration the re5 search needs identified by the Committees 

6 under section 401(c). 

7 (3) DEVELOPMENT OF NEW TECHNOLOGIES.— 

8 The Director of the National Institute of Standards 

9 and Technology may, on a competitive basis, make 

10 grants to eligible entities to conduct peer-reviewed 

11 scientific research to develop new technologies and 

12 processes to increase the efficiency, effectiveness, 

13 and accuracy of forensic testing procedures. 

14 (4) COORDINATION WITH DIRECTOR.—In mak15 ing grants under this subsection, the Director of the 

16 National Institute of Standards and Technology 

17 shall— 

18 (A) coordinate with the Director; and 

19 (B) consider the plan established under 

20 section 404. 

21 (5) COORDINATION WITH THE NATIONAL

22 SCIENCE FOUNDATION.—The Director of the Na23 tional Institute of Standards and Technology shall 

24 consult and coordinate with the National Science 

25 Foundation to ensure— 


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1 (A) the integrity of the process for review2 ing funding proposals and awarding grants 

3 under this subsection; and 

4 (B) that the grant-making process is not 

5 subject to any undue bias or influence. 

6 (b) REPORT.— 

7 (1) IN GENERAL.— 

8 (A) SUBMISSION.—The Director of the 

9 National Institute of Standards and Technology 

10 shall, on an annual basis, submit to the Board 

11 and the Director a report that describes— 

12 (i) the application process for grants 

13 under this section; 

14 (ii) each grant made under this sec15 tion in the fiscal year before the report is 

16 submitted; and 

17 (iii) as appropriate, the status and re18 sults of grants previously described in a re19 port submitted under this subsection. 

20 (B) PUBLICATION.—The Director shall 

21 publish the report submitted under subpara22 graph (A) on the website of the Office. 

23 (2) EVALUATION.—The Board and the Director 

24 shall evaluate each report submitted under para25 graph (1) and consider the information provided in 


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1 each report in reviewing the research strategy and 

2 priorities established under section 401. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated— 

5 (1) $75,000,000 to the National Institute of 

6 Standards and Technology for each of fiscal years 

7 2012 through 2016 for grants under subsection 

8 (a)(2); and 

9 (2) $15,000,000 to the National Institute of 

10 Standards and Technology for each of fiscal years 

11 2012 through 2016 for grants under subsection 

12 (a)(3). 

13 SEC. 403. OVERSIGHT AND REVIEW. 

14 (a) REPORTS.—Not later than 3 years after the date 

15 on which the first grant is awarded under paragraph (2) 

16 or (3) of section 402(a), and not later than 2 years after 

17 the date on which the first report under this subsection 

18 is submitted, the Inspector General of the Department of 

19 Justice, in coordination with the Inspector General of the 

20 Department of Commerce, shall submit to Congress a re21 port on the administration and effectiveness of the grant 

22 programs described in section 402(a). 

23 (b) REQUIREMENTS.—Each report submitted under 

24 this section shall evaluate— 


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1 (1) whether any undue biases or influences af2 fected the integrity of the solicitation, award, or ad3 ministration of research grants; and 

4 (2) whether there was any unnecessary duplica5 tion, waste, fraud, or abuse in the grant-making 

6 process. 

7 SEC. 404. PUBLIC-PRIVATE COLLABORATION. 

8 (a) RECOMMENDATION.—Not later than 2 years after 

9 the date of enactment of this Act, the Board shall submit 

10 to the Director a recommended plan for encouraging col11 laboration among universities, nonprofit research institu12 tions, State and local forensic science laboratories, private 

13 forensic science laboratories, private corporations, and the 

14 Federal Government to develop and perform cost-effective 

15 and reliable research in the forensic sciences, consistent 

16 with the research priorities established under section 

17 401(b)(2). 

18 (b) REQUIREMENTS.—The plan recommended under 

19 subsection (a) shall include— 

20 (1) incentives for nongovernmental entities to 

21 invest significant resources into conducting nec22 essary research in the forensic sciences; 

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1 ficient scientific rigor that the research can be relied 

2 upon by— 

3 (A) the Committees in developing stand4 ards under this Act; and 

5 (B) forensic science personnel; and 

6 (3) clearly defined requirements for disclosure 

7 of the sources of funding by nongovernmental enti8 ties for forensic science research conducted in col9 laboration with governmental entities and safeguards 

10 to prevent conflicts of interest or undue bias or in11 fluence. 

12 (c) ESTABLISHMENT AND IMPLEMENTATION.—After 

13 receiving the recommended plan of the Board under sub14 section (a), the Director shall establish, in accordance with 

15 section 101(e)(4), and implement a plan for encouraging 

16 collaboration among universities, nonprofit research insti17 tutions, State and local forensic science laboratories, pri18 vate forensic science laboratories, private corporations, 

19 and the Federal Government to develop and perform cost20 effective and reliable research in the forensic sciences, con21 sistent with the research priorities established under sec22 tion 401(b)(2). 

23 (d) OVERSIGHT.—The Director, in consultation with 

24 the Board, shall periodically evaluate and, as necessary, 

25 update the plan established under subsection (c). 


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1 TITLE V—STANDARDS AND BEST 

2 PRACTICES 

3 SEC. 501. DEVELOPMENT OF STANDARDS AND BEST PRAC4 TICES. 

5 (a) COMMITTEE RECOMMENDATIONS.— 

6 (1) IN GENERAL.—Not later than 2 years after 

7 the date on which all members of a Committee have 

8 been appointed under section 103, the Committee 

9 shall develop and recommend to the Board uniform 

10 standards and best practices for each forensic 

11 science discipline addressed by the Committee, in12 cluding— 

13 (A) standard protocols; 

14 (B) quality assurance standards; and 

15 (C) standard terminology for use in report16 ing, including reports of identifications, anal17 yses, or comparisons of forensic evidence that 

18 may be used during a criminal investigation or 

19 criminal court proceeding. 

20 (2) REQUIREMENTS.—In developing the uni21 form standards and best practices under paragraph 

22 (1), a Committee shall— 

23 (A) as appropriate, consult with qualified 

24 professional organizations; and 


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1 (B) develop uniform standards and best 

2 practices that are designed to ensure the qual3 ity and scientific integrity of data, results, con4 clusions, analyses, and reports that are gen5 erated for use in the criminal justice system. 

6 (b) BOARD RECOMMENDATIONS.—Not later than 

7 180 days after the date on which a Committee submits 

8 recommended uniform standards and best practices under 

9 subsection (a), the Board shall, in accordance with section 

10 103(f)(2)— 

11 (1) consider the recommendations; and 

12 (2) submit to the Director recommendations of 

13 uniform standards and best practices. 

14 SEC. 502. ESTABLISHMENT AND DISSEMINATION OF STAND15 ARDS AND BEST PRACTICES. 

16 (a) IN GENERAL.—After the Board submits uniform 

17 standards or best practices for a forensic science discipline 

18 under section 501(b), the Director shall, in accordance 

19 with section 101(e)(4), establish and disseminate uniform 

20 standards and best practices for the forensic science dis21 cipline. 

22 (b) PUBLICATION.—The Director shall publish the 

23 uniform standards and best practices established under 

24 subsection (a) on the website of the Office. 


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1 SEC. 503. REVIEW AND OVERSIGHT. 

2 (a) REVIEW BY COMMITTEES.— 

3 (1) IN GENERAL.—Not less frequently than 

4 once every 3 years, each Committee shall review and, 

5 as necessary, recommend to the Board updates to 

6 the uniform standards and best practices established 

7 under section 502 for each forensic science discipline 

8 within the responsibility of the Committee. 

9 (2) CONSIDERATIONS.—In reviewing, and devel10 oping recommended updates to, the uniform stand11 ards and best practices under paragraph (1), a Com12 mittee shall consider— 

13 (A) input from qualified professional orga14 nizations; 

15 (B) research published after the date on 

16 which the uniform standards and best practices 

17 were established, including research conducted 

18 under title IV; and 

19 (C) any changes to relevant law made after 

20 the date on which the uniform standards and 

21 best practices were established. 

22 (b) BOARD RECOMMENDATIONS.—Not later than 

23 180 days after the date on which a Committee submits 

24 recommended updates to the uniform standards and best 

25 practices under subsection (a), the Board shall, in accord26 ance with section 103(f)(2)— 


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1 (1) consider the recommendations; and 

2 (2) recommend to the Director any updates, as 

3 necessary, to the uniform standards and best prac4 tices established under section 502. 

5 (c) UPDATES.—After the Director receives rec6 ommended updates, if any, under subsection (b), the Di7 rector shall, in accordance with section 101(e)(4), update 

8 and disseminate the uniform standards and best practices 

9 for each forensic science discipline as necessary. 

10 (d) PROCEDURES.—The Director, in consultation 

11 with the Board, shall establish procedures to ensure that 

12 the process for developing, reviewing, and updating the 

13 uniform standards and best practices— 

14 (1) is open and transparent to the public; and 

15 (2) includes an opportunity for the public to 

16 comment on proposed standards with sufficient prior 

17 notice. 


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1 TITLE VI—ADDITIONAL RESPON2 SIBILITIES OF THE OFFICE 

3 OF FORENSIC SCIENCE AND 

4 THE FORENSIC SCIENCE 

5 BOARD 

6 SEC. 601. FORENSIC SCIENCE TRAINING AND EDUCATION 

7 FOR JUDGES, ATTORNEYS, AND LAW EN8 FORCEMENT PERSONNEL. 

9 (a) IN GENERAL.— 

10 (1) RECOMMENDATION.—Not later than 2 

11 years after the date of enactment of this Act, the 

12 Board shall submit to the Director a recommended 

13 plan for— 

14 (A) supporting the education and training 

15 of judges, attorneys, and law enforcement per16 sonnel in the forensic sciences and fundamental 

17 scientific principles, which shall include edu18 cation on the competent use and evaluation of 

19 forensic science evidence; and 

20 (B) developing a standardized curriculum 

21 for education and training described in sub22 paragraph (A). 

23 (2) ESTABLISHMENT.—Upon receipt of the rec24 ommendation from the Board under paragraph (1), 


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1 the Director shall establish, in accordance with sec2 tion 101(e)(4), and implement a plan for— 

3 (A) supporting the education and training 

4 of judges, attorneys, and law enforcement per5 sonnel in the forensic sciences and fundamental 

6 scientific principles, which shall include edu7 cation on the competent use and evaluation of 

8 forensic science evidence; and 

9 (B) developing a standardized curriculum 

10 for education and training described in sub11 paragraph (A). 

12 (3) OVERSIGHT.—The Director, in consultation 

13 with the Board, shall periodically evaluate and, as 

14 necessary, update the plan established under para15 graph (2). 

16 (b) GRANT PROGRAM.— 

17 (1) IN GENERAL.—The Director of the National 

18 Institute of Justice may, in consultation with the Di19 rector— 

20 (A) provide technical assistance directly or 

21 indirectly to judges, attorneys, and law enforce22 ment personnel in the forensic sciences and fun23 damental scientific principles, including the 

24 competent use and evaluation of forensic 

25 science evidence; and 


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1 (B) make grants to States and units of 

2 local government and nonprofit organizations or 

3 institutions to provide training to judges, attor4 neys, and law enforcement personnel about the 

5 forensic sciences and fundamental scientific 

6 principles, including the competent use and 

7 evaluation of forensic science evidence. 

8 (2) REQUIREMENT.—On and after the date on 

9 which the Director establishes the plan for sup10 porting the education and training of judges, attor11 neys, and law enforcement personnel in the forensic 

12 sciences and fundamental scientific principles under 

13 subsection (a)(2), the Director of the National Insti14 tute of Justice shall administer the grant program 

15 described in paragraph (1) in accordance with the 

16 plan. 

17 (3) AUTHORIZATION OF APPROPRIATIONS.— 

18 (A) IN GENERAL.—There is authorized to 

19 be appropriated to the Director of the National 

20 Institute of Justice $10,000,000 for each of fis21 cal years 2012 through 2016 for grants and 

22 technical assistance under this subsection. 

23 (B) REQUIREMENT.—Not less than 75 

24 percent of the funds appropriated pursuant to 


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1 this paragraph shall be used for grants under 

2 this subsection. 

3 SEC. 602. EDUCATIONAL PROGRAMS IN THE FORENSIC 

4 SCIENCES. 

5 (a) RECOMMENDATIONS.—Not later than 3 years 

6 after the date of enactment of this Act, the Board shall 

7 submit to the Director— 

8 (1) a recommended plan for supporting the de9 velopment of undergraduate and graduate edu10 cational programs in the forensic science disciplines 

11 and related fields; and 

12 (2) recommendations as to whether the develop13 ment of standards or requirements for educational 

14 programs in the forensic science disciplines and re15 lated fields is appropriate. 

16 (b) ESTABLISHMENT AND IMPLEMENTATION.—Upon 

17 receipt of the recommendation from the Board under sub18 section (a), the Director shall establish, in accordance with 

19 section 101(e)(4), and implement— 

20 (1) a plan for supporting the development of 

21 undergraduate and graduate educational programs 

22 in the forensic science disciplines and related fields; 

23 and 

24 (2) any standards or requirements for edu25 cation programs in the forensic science disciplines 


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1 and related fields determined by the Director to be 

2 appropriate. 

3 (c) OVERSIGHT.—The Director, in consultation with 

4 the Board, shall— 

5 (1) oversee the implementation of any stand6 ards or requirements established under subsection 

7 (b); and 

8 (2) periodically evaluate and, as necessary, up9 date the plan, standards, or requirements estab10 lished under subsection (b). 

11 SEC. 603. MEDICAL-LEGAL DEATH EXAMINATION. 

12 (a) RECOMMENDATIONS.—Not later than 3 years 

13 after the date of enactment of this Act, the Board shall 

14 submit to the Director— 

15 (1) a recommended plan to encourage the Fed16 eral Government and State and local governments to 

17 implement systems to ensure that qualified individ18 uals perform medical-legal death examinations and 

19 to encourage qualified individuals to enter the field 

20 of medical-legal death examination; and 

21 (2) recommendations on whether and how the 

22 requirements, standards and regulations established 

23 under this Act should apply to individuals who per24 form medical-legal death examinations. 


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1 (b) ESTABLISHMENT AND IMPLEMENTATION.—Upon 

2 receipt of the recommendations from the Board under sub3 section (a), the Director shall establish, in accordance with 

4 section 101(e)(4), and implement— 

5 (1) a plan to encourage the Federal Govern6 ment and State and local governments to implement 

7 systems to ensure that qualified individuals perform 

8 medical-legal death examinations and to encourage 

9 qualified individuals to enter the field of medical10 legal death examination; and 

11 (2) any specific or additional standards or re12 quirements for individuals who perform medical13 death examinations determined by the Director to be 

14 appropriate. 

15 (c) OVERSIGHT.—The Director, in consultation with 

16 the Board, shall— 

17 (1) oversee the implementation of any stand18 ards or requirements established under subsection 

19 (b)(2); and 

20 (2) periodically evaluate and, as necessary, up21 date the plan, standards, and requirements estab22 lished under subsection (b). 

23 SEC. 604. INTER-GOVERNMENTAL COORDINATION. 

24 The Board and the Director shall regularly— 


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1 (1) coordinate with relevant Federal agencies, 

2 including the National Science Foundation, the De3 partment of Defense, and the National Institutes of 

4 Health, as appropriate, to make efficient and appro5 priate use of research expertise and funding; and 

6 (2) coordinate with the Department of Home7 land Security and other relevant Federal agencies to 

8 determine ways in which the forensic science dis9 ciplines may assist in homeland security and emer10 gency preparedness. 

11 SEC. 605. ANONYMOUS REPORTING. 

12 Not later than 3 years after the date of enactment 

13 of this Act, the Director shall develop a system for any 

14 individual to provide information relating to compliance, 

15 or lack of compliance, with the requirements, standards, 

16 and regulations established under this Act, which may in17 clude a hotline or website that has appropriate guarantees 

18 of anonymity and confidentiality and protections for whis19 tleblowers. 

20 SEC. 606. INTEROPERABILITY OF DATABASES AND TECH21 NOLOGIES. 

22 (a) RECOMMENDATIONS.—Not later than 3 years 

23 after the date of enactment of this Act, the Board shall 

24 submit to the Director a recommended plan to require 

25 interoperability among databases and technologies in each 


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1 of the forensic science disciplines among all levels of Gov2 ernment, in all States, and with the private sector. 

3 (b) ESTABLISHMENT AND IMPLEMENTATION.—Upon 

4 receipt of the recommendation from the Board under sub5 section (a), the Director shall establish, in accordance with 

6 section 101(e)(4), and implement a plan to encourage 

7 interoperability among databases and technologies in each 

8 of the forensic science disciplines among all levels of Gov9 ernment, in all States, and with the private sector. 

10 (c) OVERSIGHT.—The Director, in consultation with 

11 the Board, shall evaluate and, as necessary, update the 

12 plan established under subsection (b). 

13 SEC. 607. CODE OF ETHICS. 

14 (a) RECOMMENDATIONS.— 

15 (1) IN GENERAL.—Not later than 3 years after 

16 the date of enactment of this Act, the Board shall 

17 submit to the Director a recommended code of ethics 

18 for the forensic science disciplines. 

19 (2) REQUIREMENTS.—In developing a rec20 ommended code of ethics under paragraph (1), the 

21 Board shall— 

22 (A) consult with relevant qualified profes23 sional organizations; and 

24 (B) consider any recommendations relating 

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1 sponsibility developed by the Subcommittee on 

2 Forensic Science of the National Science and 

3 Technology Council. 

4 (b) ESTABLISHMENT AND INCORPORATION.—Upon 

5 receipt of the recommendation from the Board under sub6 section (a), the Director shall— 

7 (1) in accordance with section 101(e)(4), estab8 lish a code of ethics for the forensic science dis9 ciplines; and 

10 (2) as appropriate, incorporate the code of eth11 ics into the standards for accreditation of forensic 

12 science laboratories and certification of relevant per13 sonnel established under this Act. 

14 (c) OVERSIGHT.—The Director, in consultation with 

15 the Board, shall periodically evaluate and, as necessary, 

16 update the code of ethics established under subsection (b). 

Æ 


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